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MATTER OF R.

182 A.D.2d 423 (1992)

In the Matter of Susana R., Also Known as Susan J., a Child Alleged to be Neglected. Ronnie J., Appellant; Commissioner of Social Services et al., Respondents

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

April 7, 1992

Family Court properly denied respondent's oral application to vacate his default, neither an excuse for the failure to appear at the fact-finding hearing nor a meritorious defense having been shown (Matter of "Male" Jones, 128 A.D.2d 403). Given that the child has never resided with respondent but with the same foster family since birth, who wish to adopt her, and in view of respondent's failure to plan for his and the child's future...

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