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