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MATTER OF KENDELL G.

8473.

169 A.D.3d 558 (2019)

95 N.Y.S.3d 77

2019 NY Slip Op 01321

In the Matter of Ronald Kendell G., III, and Another, Children Alleged to be Neglected. Janet G., Appellant; Saint Dominic's Family Services, Respondent.

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

Decided February 21, 2019.

The court providently exercised its discretion in denying the mother's motion to vacate her default because she failed to substantiate her claim that employment in Pennsylvania prevented her from timely attending the hearing (see Matter of Derrick T., 261 A.D.2d 108 [1st Dept 1999]). Notwithstanding that the day before the hearing both the mother's counsel and the agency warned her that she must appear, the mother failed to contact...

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