Anthony C. v. Schimke

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: Family Court denied the motion of the parents of Anthony, Jr., and Shawnta to vacate default orders terminating their parental rights. Each parent has challenged the court’s jurisdiction and each is entitled to a hearing on that issue.

*940The father, who was incarcerated at the time the permanent neglect proceeding was commenced, was served by publication, and has asserted that he had no notice that his parental rights were…