Commissioner of Social Services v. Rafael B.

— In a child protective proceeding pursuant to Family Court Act article 10, the father appeals from an order of the Family Court, Queens County (Torres, J.), dated January 2, 1991, which denied his motion to vacate so much of a fact-finding order of the same court, dated October 19, 1990, as, upon his default in appearing at the fact-finding hearing, found him guilty of neglect. The father’s notice of appeal from the order dated October 19, 1990, is treated as a premature notice of appeal from the order dated January 2, 1991 (see, CPLR 5520 [c]).

Ordered that the order dated January 2, 1991,…