Opinion
No. CAF 07-00179.
December 21, 2007.
Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered January 11, 2007 in a proceeding pursuant to Family Court Act article 10. The order, insofar as appealed from, adjudged that respondent Barrie D. had neglected his daughter.
ALAN BIRNHOLZ, EAST AMHERST, FOR RESPONDENT-APPELLANT.
DAVID C. SCHOPP, LAW GUARDIAN, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CHARLES D. HALVORSEN OF COUNSEL), FOR ALEXIS D.
Present: Hurlbutt, J.P., Martoche, Fahey, Peradotto and Green, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Family Court properly denied the motion of respondent father seeking to vacate the order of fact-finding and disposition. Even assuming, arguendo, that the father did not willfully refuse to appear at the fact-finding hearing, we conclude that he failed to show a meritorious defense to the neglect petition ( see Family Ct Act § 1042; Matter of Skyla C, 36 AD3d 614).