MATTER OF CONCHITA J. v. SCOPETTA

ORDERED that the order is affirmed, without costs or disbursements.

A writ of habeas corpus is not the proper procedure to seek review of the Family Court's fact-finding order of neglect entered upon the mother's default (see, People ex rel. Backus v. Broome County Dept. of Social Servs., 240 A.D.2d 786, 787-788; Matter of Eddie J., 273 A.D.2d 239 [decided herewith]). The proper procedure is to move to vacate the fact-finding order, and if the motion is denied, to appeal from the order denying the motion (see, Matter of Vanessa M. [Robert M.], 263 A.D.2d 542; Matter of Hurst v. Hurst, 227 A.D.2d 689).