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Matter of Jamel

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1992
187 A.D.2d 513 (N.Y. App. Div. 1992)

Opinion

November 9, 1992

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


Ordered that the orders are affirmed, without costs or disbursements.

There is sufficient evidence that the appellant "willfully refused to appear" at the concluding portion of the fact-finding hearing held on November 27, 1990 (see, Family Ct Act § 1042), which was six months after the fact-finding hearing began. In view of her prior unexplained absences on prior hearing dates, and the interests of the children in having the matter resolved, the court properly denied her motion to vacate the finding of neglect, which motion was based solely upon her unsworn, unsupported claim that she was mistaken about the proper date of the hearing (cf., Matter of Commissioner of Social Servs. of City of N.Y. v Rafael B., 186 A.D.2d 253; Matter of Laticia B., 156 A.D.2d 681). Lawrence J.P., Eiber, O'Brien and Copertino, JJ., concur.


Summaries of

Matter of Jamel

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1992
187 A.D.2d 513 (N.Y. App. Div. 1992)
Case details for

Matter of Jamel

Case Details

Full title:In the Matter of JAMEL H. and Another, Children Alleged to be Neglected…

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

Date published: Nov 9, 1992

Citations

187 A.D.2d 513 (N.Y. App. Div. 1992)

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