MATTER OF R.


238 A.D.2d 962 (1997)

661 N.Y.S.2d 160

In the Matter of James R., Jr., and Others, Children Alleged to be Permanently Neglected, Constance R., Appellant; Erie County Department of Social Services, Respondent

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

April 25, 1997


Order unanimously reversed on the law without costs, motion granted and orders of disposition vacated.

Memorandum:

Family Court abused its discretion in denying the motion of petitioner to vacate the orders of disposition entered against her upon her default. Those orders terminated the parental rights of petitioner with respect to her four children on the ground of permanent neglect.

Ordinarily, a party seeking to vacate a default must show that there...

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