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MATTER OF JOSHUA N. DUTCHESS COUNTY DEPARTMENT OF SOCIAL SERVICES

2008-03040, 2008-03045

71 A.D.3d 678 (2010)

894 N.Y.S.2d 884

In the Matter of JOSHUA N. DUTCHESS COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; MATTHEW F., Appellant. JENNIFER F., Nonparty Respondent. (Proceeding No. 1.) In the Matter of JANELLE S. DUTCHESS COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; MATTHEW F., Appellant. JENNIFER F., Nonparty Respondent. (Proceeding No. 2.) In the Matter of JA'SIRE F. DUTCHESS COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; MATTHEW F., Appellant. JENNIFER F., Nonparty Respondent. (Proceeding No. 3.)

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

Decided March 2, 2010.

Ordered that the orders dated February 11, 2008, are affirmed insofar as appealed from, without costs or disbursements.

The Family Court providently exercised its discretion in denying Matthew F.'s cross motion to vacate the order of fact-finding and disposition dated December 11, 2006, entered upon his default, pertaining to the children Joshua N. and Janelle S. The court properly concluded that Matthew F. willfully defaulted in failing to appear at the neglect/abuse...

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