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MATTER OF SKYLA C. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES

36 A.D.3d 614 (2007)

828 N.Y.S.2d 166

In the Matter of SKYLA C. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; JOHN C. Appellant. (Proceeding No. 1.) In the Matter of ARYANNA C. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; JOHN C., Appellant. (Proceeding No. 2.)

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

Decided January 9, 2007.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Family Court Act § 1042 allows a parent who was not present for a hearing conducted under Family Court Act article 10 to seek a rehearing of a petition. Such a parent is entitled to a rehearing where he or she submits an affidavit demonstrating a meritorious defense to the petition, unless the court finds that the parent "willfully refused to appear at the hearing" (Family...

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