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MATTER OF C.

163 A.D.2d 14 (1990)

In the Matter of Shevon C. and Others, Children Alleged to be Neglected. Daliana O., Respondent; Commissioner of Social Services of the City of New York, Appellant. In the Matter of Rosalia R., a Child Alleged to be Abused. Carmen R., Respondent; Commissioner of Social Services of the City of New York, Appellant. In the Matter of Gerald R. and Others, Children Alleged to be Neglected. Christine D., Respondent; Commissioner of Social Services of the City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 3, 1990

In each of these three cases, consolidated for the purposes of this appeal, Family Court Judge Marjory Fields dismissed the proceedings sua sponte for failure to prosecute (CPLR 3216; Family Ct Act § 165), upon the nonappearance of either counsel, a material witness, or a caseworker. While the record in each case contains a litany of adjournments and nonappearances that would try the patience of any Judge, dismissal was...

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