Matter of Cosentino

In Matter of Cosentino, (177 Misc 2d 629 [Sur Ct, Bronx County 1998]) the petitioner established that a diligent search was conducted by providing evidence that there had been no unusual withdrawals from the absentee's bank accounts, no cash advances on his credit cards and that his passport was left at home. Additionally, the petitioner in that case established that she had reported her husband missing the morning after he went missing and that the absentee, "left behind all of his known personal property, except the clothes he was wearing when he left the apartment.'" (Id.). Police reports further established that the police conducted an extensive investigation into the whereabouts of the absentee including checking records in the hospitals and morgues for unidentified males matching the absentee's description as well as an examination of his vehicle and forensic testing indicating that nothing out of the ordinary happened to the absentee while in the automobile (Id. at 630). Finally, the petitioner consulted a company that searches a nationwide database for evidence on missing persons (Id.).