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MATTER OF NICHOLAS S. WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES

46 A.D.3d 830 (2007)

848 N.Y.S.2d 311

In the Matter of NICHOLAS S. WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; RHONDA S., Appellant.

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

Decided December 18, 2007.

Ordered that the order is affirmed, without costs or disbursements.

The Family Court providently exercised its discretion in denying the mother's motion to vacate the order of disposition entered upon her default. The mother claimed that the written notice of the hearing, which was to take place on October 11, 2006, at 10:00 A.M., was destroyed in a flood at her home. However, the mother was present in court when the hearing...

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