Hyperlawhypertext legal database In re Nicole S. 206 A.D.2d 950

← Cases

In re Nicole S.

206 A.D.2d 950 Court N.Y. App. Div. Decision date 1994-07-15 English

Contents

Majority

p. 950
In the Matter of Nicole S., a Child Alleged to be Neglected. James S., Appellant; Onondaga County Department of Social Services, Respondent.
[616 NYS2d 271]

Order unanimously affirmed without costs. Memorandum: Family Court did not err in denying respondent’s motion to vacate a default disposition of a neglect petition. Respondent’s failure to be present at the fact-finding hearing was willful (see,

p. 951
Family Ct Act § 1042; cf., Matter of Kendra M., 175 AD2d 657 , 658). The allegations of the petition, resolved against respondent upon his default, were sufficient to support a finding of neglect against respondent. (Appeal from Order of Onondaga County Family Court, Rossi, J.—Vacate Default.) Present— Pine, J. P., Lawton, Wesley, Doerr and Boehm, JJ.

Cases cited