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MATTER OF ALEXIS D.

46 A.D.3d 1450 (2007)

847 N.Y.S.2d 490

In the Matter of ALEXIS D., an Infant. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; JANICE P., Respondent, and BARRIE D., Appellant.

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

Decided December 21, 2007.

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

Memorandum:

Family Court properly denied the motion of respondent father seeking to vacate the order of fact-finding and disposition. Even assuming, arguendo, that the father did not willfully refuse to appear at the fact-finding hearing, we conclude that he failed to show a meritorious defense to the neglect petition (see Family Ct Act...

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