As both the Commissioner of Social Services and the Law Guardian have acknowledged throughout, respondent-appellant demonstrated that her failure to appear at the fact-finding hearing was not willful, and, accordingly, the fact-finding order and the resulting disposition should have been vacated for additional fact-finding (Family Ct Act § 1042; see, Matter of Dutchess County Dept. of Social Servs. [Mark M.],
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MATTER OF H.
227 A.D.2d 122 (1996)
642 N.Y.S.2d 505
In the Matter of Tesema H. and Another, Children Alleged to be Neglected. Delicia E., Appellant; Commissioner of Social Services, Respondent
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 2, 1996
May 2, 1996
Appellate Division of the Supreme Court of the State of New York, First Department.
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