MATTER OF IRVIN R.


257 A.D.2d 624 (1999)

684 N.Y.S.2d 255

In the Matter of IRVIN R., Also Known as ERVEN R., Also Known as WALTER K., JR. 2D. WALTER K., JR., Appellant; COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK et al., Respondents. (Proceeding No. 1.) In the Matter of IRVIN R., Also Known as ERVEN R., Also Known as WALTER K., JR. 2D. WALTER K., JR., Appellant; COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK et al., Respondents. (Proceeding No. 2.)

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

Decided January 19, 1999.


Ordered that the orders are affirmed, without costs or disbursements.

The Family Court did not improvidently exercise its discretion when it denied the father's motion to vacate his default in the neglect proceeding. The father could not establish that his nonappearance at the fact-finding and dispositional hearings was other than willful (see, Family Court Act § 1042).

In addition, the court did not...

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