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  5. 235 A.D.2d 310 (1997)
 

MATTER OF J.

235 A.D.2d 310 (1997)

653 N.Y.S.2d 109

In the Matter of Brittany J. and Another, Children Alleged to be Abandoned. Commissioner of Social Services, Respondent; Rhuana J., Appellant

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

January 23, 1997

Respondent's motion to vacate her default was untimely under both CPLR 317 and 5015 (a), where she acquired actual notice of the termination proceeding on the very day that personal service had been attempted, and actual knowledge of the default judgment terminating her parental rights on the day the judgment was rendered, but did not move to vacate it until more than three years later. Respondent's claim that she did not appear...

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