MATTER OF IVAN R. v. JABRIENNA R.

8317.

169 A.D.3d 409 (2019)

91 N.Y.S.3d 694

2019 NY Slip Op 00832

In the Matter of Ivan R., Respondent, v. Jabrienna R., Appellant.

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

Decided February 5, 2019.


The custody order should have been vacated on the ground that the mother demonstrated a reasonable excuse for her default in failing to appear and a meritorious defense (see CPLR 5015 [a]).

The matter should be remanded for further proceedings as to a determination of the children's best interests, particularly in light of the fact that the children did not have the benefit of representation of their court-appointed counsel (see e.g. Matter of K.G. v C.H...

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