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Matter of Commr. of Social Serv. v. Margaret

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 1995
221 A.D.2d 439 (N.Y. App. Div. 1995)

Opinion

November 13, 1995

Appeal from the Family Court, Queens County (Fitzmaurice, J.).


Ordered that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the appellant's contention, the testimony adduced at the hearing was sufficient to establish by a preponderance of the evidence that Corrine B. was neglected by the appellant, by virtue of the appellant's abuse of alcohol, which placed the physical, mental, and emotional condition of her child in imminent danger of becoming impaired (see, Family Ct Act § 1012 [f] [i] [B]; § 1046 [a] [iii]; Matter of William T., 185 A.D.2d 413; Matter of George C., 122 A.D.2d 943; Matter of Toni WW., 52 A.D.2d 108).

In addition, we discern no error in the court's denial of the appellant's motion to vacate the fact-finding order and re-open the fact-finding hearing, premised on the ground that she was absent from the last day of the hearing. In light of the appellant's history of prior absences, her failure to raise this issue for more than three months, and her unsubstantiated claim that the date slip she received misstated the adjourned hearing date, the court correctly concluded that the appellant "willfully refused to appear at the hearing" (Family Ct Act § 1042; Matter of Male J., 214 A.D.2d 417; Matter of Jamel H., 187 A.D.2d 513).

The appellant's remaining contention is unpreserved for appellate review, and, in any event, without merit. Joy, J.P., Hart, Goldstein and Florio, JJ.


Summaries of

Matter of Commr. of Social Serv. v. Margaret

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 1995
221 A.D.2d 439 (N.Y. App. Div. 1995)
Case details for

Matter of Commr. of Social Serv. v. Margaret

Case Details

Full title:In the Matter of COMMISSIONER OF SOCIAL SERVICES, on Behalf of CORRINE B.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 13, 1995

Citations

221 A.D.2d 439 (N.Y. App. Div. 1995)
633 N.Y.S.2d 566

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