IN THE MATTER OF ROZELLE TYRONE LEE P.


19 A.D.3d 237 (2005)

798 N.Y.S.2d 9

In the Matter of ROZELLE TYRONE LEE P., Also Known as ROSELLE P., a Child Alleged to be Neglected and/or Abused. NANCYROSE C., Also Known as NANCYROSE J., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

June 21, 2005.


The motion was properly denied upon a record that amply supports a finding that respondent's default was willful (Family Ct Act § 1042). The court proceeding in Virginia, offered by respondent as the reason for her default, was completed nine days before the scheduled date of the fact-finding hearing, and respondent does not even attempt to explain why she did not notify Family Court that she would be unable to attend (see Matter of Jazel Dominique D.,

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