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MATTER OF MURSOL B.

266 A.D.2d 76 (1999)

698 N.Y.S.2d 467

In the Matter of MURSOL B. and Others, Children Alleged to be Abused and/or Neglected. NAIMA B., Appellant; LUTHERAN SOCIAL SERVICES OF METROPOLITAN NEW YORK, INC., Respondent.

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

Decided November 16, 1999.

The Family Court's order denying appellant's request to reopen the hearing was error in view of the overwhelming evidence which showed appellant did not wilfully default. She was present at all of the numerous proceedings that she was required to attend except the hearing at issue (Matter of Tesema H., 227 A.D.2d 122; Family Ct Act §§ 1042, 1028 [a]; see, Besharov, Practice Commentaries, McKinney's Cons Laws of NY...

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