MATTER OF ARYANNA S.

11404-14973/17.

182 A.D.3d 488 (2020)

120 N.Y.S.3d 766

2020 NY Slip Op 02366

In the Matter of Aryanna S., Also Known as Aryanna H., a Child Alleged to be Permanently Neglected. Sean S., Appellant; Good Shepherd Services, Respondent.

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

Decided April 23, 2020.


Although respondent failed to demonstrate either a reasonable excuse for his default in appearing for the fact-finding hearing or a meritorious defense (see CPLR 5015[a][1]), Family Court reopened the hearing, in the interest of justice, for the limited purpose of permitting him to offer evidence on the issues of permanent neglect and the child's best interests. Respondent's contention that the court erred in not granting him a trial de novo is unpreserved and in any...

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