NEGLECT FOUND ON DEFAULT
After he failed to appear for a hearing, J.S. was found to have neglected a child in his care. When he later tried to vacate that determination, the Kings County Supreme Court denied the request.
On appeal, the Appellate Division, Second Department, noted that when a person legally responsible for a child is absent, the court is statutorily empowered to proceed with a hearing so long as the youngster has legal representation. And a motion to vacate will usually be granted, (in the absence of a “willful refusal to appear”), upon the presentation of a sworn statement showing a meritorious defense.
Since J.S. failed to competently address or rebut the allegations raised in the petition, the Appellate Division, Second Department, allowed the outcome to stand.
Guess it isn’t smart to neglect a neglect petition.
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DECISION