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MATTER OF ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES v. RUSSELL R.

778 CAF 18-01132.

175 A.D.3d 1793 (2019)

109 N.Y.S.3d 786

2019 NY Slip Op 06892

In the Matter of Oneida County Department of Social Services, Respondent, v. Russell R., Appellant.

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

September 27, 2019.

Attorney(s) appearing for the Case

PETER J. DIGIORGIO, JR. , UTICA, FOR RESPONDENT-APPELLANT.

PETER M. RAYHILL , COUNTY ATTORNEY, UTICA ( DENISE J. MORGAN OF COUNSEL), FOR PETITIONER-RESPONDENT.

Present—Whalen, P.J., Centra, Peradotto, Lindley and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent father appeals from an order that denied his application seeking to vacate an order of filiation entered upon his default. We affirm.

The determination whether to vacate an order entered upon a default is left to the sound discretion of the court (see Matter of Troy D.B. v Jefferson County...

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