MATTER OF RICHARD A.


49 A.D.3d 458 (2008)

856 N.Y.S.2d 43

In the Matter of DAMIAN RICHARD A., JR., a Child Alleged to be Permanently Neglected. DAMIAN A., SR., Appellant; CONCORD FAMILY SERVICES, INC., Respondent.

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

Decided March 27, 2008.


Respondent failed to show either a reasonable excuse for his failure to appear for the fact-finding and dispositional hearings or a meritorious defense to the proceeding. His excuse that he was "out of town" because it was Easter week is insufficient and also does not explain why he failed to contact his attorney, the court, or the agency to advise of his unavailability (see Matter of Laura Mariela R., 302 A.D.2d 300 [2003]; Matter...

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