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MATTER OF JOSE S.

3876, 3876A.

79 A.D.3d 533 (2010)

912 N.Y.S.2d 213

In the Matter of ELIJAH JOSE S. and Another, Children Alleged to be Permanently Neglected. JOSE ANGEL S., Appellant; LEAKE & WATTS SERVICES, INC., Respondent.

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

Decided December 14, 2010.

Respondent did not appear at the fact-finding hearing and never moved to adjourn the hearing or to vacate his default. Thus, the fact-finding part of the order is not appealable (CPLR 5511; Matter of Miguel R. v Wilda C., 74 A.D.3d 631 [2010]).

In any event, the finding of permanent neglect was supported by clear and convincing evidence of respondent's failure to maintain contact with the children and plan for their...

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