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In the Matter of DAVID CARO, Respondent, v. GWENDOLYN JONES, Appellant, and LEONARD STRAUSS et al., Respondents.

Order, Supreme Court, New York County, entered on April 24, 1973, denying respondent's motion to dismiss the petition, unanimously affirmed, without costs and without disbursements. Regardless of the alleged infirmities in the manner of the service of the order to show cause, there was a showing of actual notice to the respondent below, who, in fact, did appear at the court on the return day of the order to show cause.

Concur — Stevens, P.J., Markewich, Kupferman, Lane and Tilzer, JJ.

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MATTER OF CARO v. JONES
(Apr 27, 1973)