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MATTER OF DONTE B.

63 A.D.3d 1057 (2009)

880 N.Y.S.2d 554

In the Matter of DONTE B., an Infant. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; LARRY B., Appellant. (Proceeding No. 1.) In the Matter of KHALIF B., an Infant. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; LARRY B., Appellant. (Proceeding No. 2.) In the Matter of RICKEY B., an Infant. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; LARRY B., Appellant. (Proceeding No. 3.) In the Matter of SHYTAUN B., an Infant. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; LARRY B., Appellant. (Proceeding No. 4.) In the Matter of TASHEEM B., an Infant. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; LARRY B., Appellant. (Proceeding No. 5.).

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

Decided June 23, 2009.

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

The Family Court providently exercised its discretion in denying the father's motion to vacate the order of fact-finding. Where a parent is not present in court during the hearing of a petition pursuant to Family Court article 10, Family Court Act § 1042 permits a rehearing upon an affidavit showing the parental relationship and a meritorious defense, unless the court finds that the parent "willfully...

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