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MATTER OF ISAIAH H.

61 A.D.3d 1372 (2009)

877 N.Y.S.2d 786

In the Matter of ISAIAH H., an Infant. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; ISHTAR G., Appellant.

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

Decided April 24, 2009.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, petitioner's motion is denied, and the matter is remitted to Family Court, Erie County, for a hearing on the petition.

Memorandum: Family Court erred in granting petitioner's motion for a default order finding that respondent mother permanently neglected her son and thereafter, following a dispositional hearing, terminating her parental rights with respect

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