IN THE MATTER OF STARASIA C.


18 A.D.3d 213 (2005)

794 N.Y.S.2d 45

In the Matter of STARASIA C., a Child Alleged to be Permanently Neglected. NAOMI J., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES/HARLEM DOWLING WEST SIDE CENTER FOR CHILDREN AND FAMILY SERVICES, Respondent.

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

May 3, 2005.


Respondent did not demonstrate a reasonable excuse for her failure to appear (see CPLR 5015 [a] [1]). The record discloses that respondent was served with a summons and the permanent neglect petition, and that she thereafter appeared in court three times before defaulting. Contrary to respondent's contention, the circumstance that no attorney was appointed to represent her was not attributable to any failure by the court to assure that she was afforded due process...

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