In re Nicole S.

Appellate Division of the Supreme Court of New York

In re Nicole S.

206 A.D.2d 950, 616 N.Y.S.2d 271

Appellate Division of the Supreme Court of the State of New York·Decided July 15, 1994·Published

Opinion

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, [951]*951Family 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.

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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, [951]*951Family 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.

In re Nicole S., 206 A.D.2d 950, 616 N.Y.S.2d 271 (N.Y. Ct. App. 1994).

Pincite

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Opinion

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