In re Tesema H.

Order, Family Court, New York County (Leah Marks, J.), entered October 24, 1994, which denied respondent-appellant’s motion to vacate the fact-finding order made against her on default in this neglect proceeding, unanimously reversed, on the law, without costs, the fact-finding order and resulting disposition vacated, and the matter remitted to Family Court to reopen the fact-finding hearing.

As both the Commissioner of Social Services and the Law Guardian have acknowledged throughout, respondent-appellant demonstrated that her failure to appear at the fact-finding hearing was not willful,…