Opinion
May 2, 1996
Appeal from the Family Court, New York County (Leah Marks, J.).
As both the Commissioner of Social Services and the Law Guardian have acknowledged throughout, respondent-appellant demonstrated that her failure to appear at the fact-finding hearing was not willful, and, accordingly, the fact-finding order and the resulting disposition should have been vacated for additional fact-finding (Family Ct Act § 1042; see, Matter of Dutchess County Dept. of Social Servs. [Mark M.], 196 A.D.2d 196).
Concur — Rosenberger, J.P., Wallach, Rubin, Kupferman and Mazzarelli, JJ.