MATTER OF McEWEN v. DONNIE

Ordered that the order dated January 10, 1991, is affirmed, without costs or disbursements.

Since the instant paternity proceeding had already been adjourned as a consequence of the mother's nonappearance, the Hearing Examiner did not improvidently exercise her discretion in dismissing the petition without prejudice to a subsequent refiling, when the mother again failed to appear for a hearing at which the contested issue of paternity was to be considered. Thompson, J.P., Rosenblatt, Miller and Pizzuto, JJ., concur.