IN THE MATTER OF VANESSA B.


23 A.D.3d 273 (2005)

808 N.Y.S.2d 10

In the Matter of VANESSA B., a Child Alleged to be Permanently Neglected. MYRA B., Also Known as MYRA R., Appellant; ABBOTT HOUSE et al., Respondent.

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

November 22, 2005.


Respondent's vacatur motion was denied on the ground that she had failed to demonstrate a reasonable excuse for her belated 10:20 A.M. appearance for a hearing which was called at 9:30 A.M. The court disbelieved respondent's affidavit statements that she was delayed by bringing another child to school that morning and then by a long line outside the courthouse. A credibility finding made on an affidavit is not entitled to deference on appeal, in contrast to a credibility...

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