Legal Opinion

In re John R.

Appellate Division of the Supreme Court of the State of New York

Decided March 4, 2008PublishedCited by 2 opinions

1Opinion of the Court

*545The Family Court providently exercised its discretion in denying the motion of the appellant, a “person legally responsible for the child’s care” (Family Ct Act § 1042), to vacate the fact-finding order entered upon his default in appearing at the fact-finding hearing, as the record showed that he “willfully refused to appear at the hearing” (id.; see Matter of Nicholas S., 46 AD3d 830 [2007]; Matter of W. Children, 256 AD2d 412, 413 [1998]; Matter of Commissioner of Social Servs. v Margaret D., 221 AD2d 439 [1995]). Moreover, the appellant failed to set forth a meritorious defense to the…

2Cases cited2 opinions

  1. In re Nicholas S. Westchester county Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 2007
  2. Commissioner of Social Services v. Margaret D.Appellate Division of the Supreme Court of the State of New York · 1995

3Cited by2 opinions

  1. In re Samantha B.Appellate Division of the Supreme Court of the State of New York · 2010
  2. In re Donte B.Appellate Division of the Supreme Court of the State of New York · 2009

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