| Matter of John R. |
| 2008 NY Slip Op 01954 [49 AD3d 544] |
| March 4, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of John R. Administration for Children's Services, Respondent; Charles M., Appellant. (Proceeding No. 1.) In the Matter of Phillip R. Administration for Children's Services, Respondent; Charles M., Appellant. (Proceeding No. 2.) |
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Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Ellen Ravitch of counsel), for respondent.
Steven Banks, New York, N.Y. (Tamara A. Steckler and Susan Clement of counsel), Law Guardian.
In two child neglect proceedings pursuant to Family Court Act article 10, Charles M. appeals from an order of disposition of the Family Court, Kings County (Danoff, J.), dated April 18, 2007, which, inter alia, directed the release of the children to the mother's custody. The appeal brings up for review an order of the same court dated January 26, 2007, which denied his motion to vacate a fact-finding order of the same court dated May 9, 2006, entered upon his default in appearing at the fact-finding hearing.
Ordered that the order of disposition is affirmed, without costs or disbursements.
The Family Court providently exercised its discretion in denying the motion of the appellant, a "person legally responsible for the child's care" (Family Ct Act § 1042), to vacate the [*2]fact-finding order entered upon his default in appearing at the fact-finding hearing, as the record showed that he "willfully refused to appear at the hearing" (id.; see Matter of Nicholas S., 46 AD3d 830 [2007]; Matter of W. Children, 256 AD2d 412, 413 [1998]; Matter of Commissioner of Social Servs. v Margaret D., 221 AD2d 439 [1995]). Moreover, the appellant failed to set forth a meritorious defense to the allegations in the petition (see Family Ct Act § 1042). Fisher, J.P., Dillon, McCarthy and Belen, JJ., concur.