MATTER OF RAYMOND D. JR.


45 A.D.3d 1415 (2007)

845 N.Y.S.2d 583

In the Matter of RAYMOND D., JR. and Another, Infants. MONROE COUNTY DEPARTMENT OF HUMAN AND HEALTH SERVICES, Respondent; KENYA W., Appellant.

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

Decided November 9, 2007.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Respondent mother appeals from an order that, inter alia, adjudicated her son to be neglected and her daughter to be derivatively neglected. We agree with the mother that Family Court erred in drawing a negative inference from her failure to appear for several days of testimony at the fact-finding hearing. Although a negative inference...

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