In re Shemeco D.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum: Respondent failed to appear in court on the scheduled day for a fact-finding hearing on a neglect petition, and Family Court granted a default order finding that respondent’s three children were neglected. We reverse. “Respondent[‘s] failure to appear in person at the scheduled fact-finding hearing does not automatically constitute a default [citations omitted]. This is especially true where, as here, respondent! ] did appear…
2Cases cited3 opinions
- In re Cassandra M.Appellate Division of the Supreme Court of the State of New York · 1999
- In re Kwasi S.Appellate Division of the Supreme Court of the State of New York · 1995
- In re BaerNew York City Family Court · 1984
3Cited by14 opinions
- M., BRADLEY, MTR. OFAppellate Division of the Supreme Court of the State of New York · 2012
- David A.A. v. Maryann A.Appellate Division of the Supreme Court of the State of New York · 2007
- In re Isaiah H.Appellate Division of the Supreme Court of the State of New York · 2009
- MANNING, KATHLEEN S. v. SOBOTKA, STANLEY P.Appellate Division of the Supreme Court of the State of New York · 2013
- Erie County Department of Social Services ex rel. Wiser v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2012
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