IN THE MATTER OF QADEERA TONEZIA D. ABBOTT HOUSE, INC.


55 A.D.3d 606 (2008)

866 N.Y.S.2d 223

In the Matter of QADEERA TONEZIA D. ABBOTT HOUSE, INC., et al., Respondents; CASSANDRA D., Appellant. (Proceeding No. 1.) In the Matter of QADEEM D. ABBOTT HOUSE, INC., et al., Respondents; CASSANDRA D., Appellant. (Proceeding No. 2.) In the Matter of QASHANDA TANNELL D., Also Known as QUASHANDRA D. ABBOTT HOUSE, INC., et al., Respondents; CASSANDRA D., Appellant. (Proceeding No. 3.) In the Matter of KA'VON TYREECE J., Also Known as KAVON D. ABBOTT HOUSE, INC., et al., Respondents; CASSANDRA D., Appellant. (Proceeding No. 4.)

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

October 7, 2008.


Ordered that the order is reversed, on the law, without costs or disbursements, the mother's motion to vacate her default is granted, the four orders of disposition dated September 18, 2007, respectively, terminating the mother's parental rights as to each child, are vacated, and the petitions are dismissed.

Under CPLR 5015 (a) (4), a default must be vacated once a movant demonstrates lack of jurisdiction (see Citibank v Keller, 133 A.D.2d...

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