N.Y. FCT Law § 1042

§ 1042. Effect of absence of parent or other person responsible for\ncare. If the parent or other person legally responsible for the child's\ncare is not present, the court may proceed to hear a petition under this\narticle only if the child is represented by counsel. The parent or other\nperson legally responsible for the child's care shall be served with a\ncopy of the order of disposition with written notice of its entry\npursuant to section one thousand thirty-six of this article. Within one\nyear of such service or substituted service pursuant to section one\nthousand thirty-six of this article, the parent or other person legally\nresponsible for the child's care may move to vacate the order of\ndisposition and schedule a rehearing. Such motion shall be granted on an\naffidavit showing such relationship or responsibility and a meritorious\ndefense to the petition, unless the court finds that the parent or other\nperson willfully refused to appear at the hearing, in which case the\ncourt may deny the motion.\n