MATTER OF CHILDREN


192 A.D.2d 449 (1993)

597 N.Y.S.2d 14

In the Matter of The D. Children, Alleged to be Abused. Albert D., Sr., Appellant; Commissioner of Social Services of the City of New York, Respondent

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

April 22, 1993


Inasmuch as the 1988 fact-finding and dispositional orders entered on respondent's default were vacated in the September 16, 1991 order, and a new fact-finding hearing scheduled, based upon respondent's claim that he had conclusive medical evidence that he could not have committed the sexual abuse with which he was charged, it was not an abuse of discretion for Family Court to reinstate the 1988 orders, and, in effect, withdraw the September 16, 1991 order when, six months...

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