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IN THE MATTER OF CAROLYN Z. v. TAGE Z.

503263.

2008 NY Slip Op 06324

IN THE MATTER OF CAROLYN Z. and Another, Alleged to be Neglected Children. ST. LAWRENCE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; and TAGE Z., Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided and Entered: July 17, 2008.

Attorney(s) appearing for the Case

John A. Cirando, Syracuse, for appellant.

David D. Willer, St. Lawrence County Department of Social Services, Canton, for respondent.

Diane J. Exoo, Law Guardian, Canton.

Before: Mercure, J.P., Rose, Lahtinen, Kavanagh and Stein, JJ.

MEMORANDUM AND ORDER

ROSE, J.

At the initial appearance in this neglect proceeding, counsel for petitioner advised Family Court that respondent had been served and had left the jurisdiction with the children. Based on the sworn testimony of respondent's wife that she had delivered the petition to him, Family Court found respondent to be in default and proceeded to conduct a fact-finding hearing without him. After hearing testimony that respondent had engaged...

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