MATTER OF LIZETTE PATRICIA M.

8416, 8416A.

100 A.D.3d 408 (2012)

953 N.Y.S.2d 579

2012 NY Slip Op 7379

In the Matter of LIZETTE PATRICIA M. and Another, Children Alleged to be Permanently Neglected. GWENDOLYN M., Appellant; McMAHON SERVICES FOR CHILDREN, Respondent.

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

November 8, 2012.


No appeal lies from the fact-finding and dispositional orders since they were made on default at the hearing (see Matter of Miguel R. v Wilda C., 74 A.D.3d 631 [1st Dept 2010]). Appellant appeared and testified on the first day of the fact-finding hearing, but when she failed to appear on the second day of the proceeding to complete her testimony, her testimony was properly stricken by the court. She was not present at the dispositional...

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