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MATTER OF PAMELA N. v. AARON A.

5903A 5903.

159 A.D.3d 452 (2018)

71 N.Y.S.3d 78

2018 NY Slip Op 01438

In the Matter of PAMELA N., Respondent, v. AARON A., Appellant.

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

Decided March 6, 2018.

While the ultimate dispositional order was entered on default, the fact-finding order was not, inasmuch as the father's counsel actively participated and the court drew a negative inference from the father's failure to testify rather than continuing the hearing as an inquest (compare Matter of Iyana W. [Shamark W.], 124 A.D.3d 418 [1st Dept 2015]). Thus, the appeal from the order of fact-finding is properly taken. The father's challenge...

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