In Matter of Anna B., 223 A.D.2d 703, 637 N.Y.S.2d 182 [2nd Dept. 1996] the respondent parent, following a finding of sexual abuse, conceded that his failure to appear at fact finding was willful. This concession justified precluding relief from the fact finding order under Section 1042. Nonetheless, the appellate court found reversible error and an abuse of discretion when the trial court denied the respondent father's motion under Section 1061, to re-open the fact finding proceeding. The respondent father's motion was based upon medical evidence indicating that the child had been abused subsequently to the father's last contact with her. The appellate court found that had the proffered evidence been available at the time of the fact finding, "it is possible that the court would have made a different determination. " [223 A.D.2d at p. 704]