IN RE: Custody (1999)

Order, Family Court, New York County (Rhoda Cohen, J.), entered on or about May 25, 1997, denying appellant's motion to vacate her default at the fact-finding and dispositional hearings that resulted in the termination of her parental rights on a finding of permanent neglect and in a determination that it was in the best interests of the subject children that they be freed for adoption, unanimously affirmed, without costs.

Vacatur of appellant's default at the fact-finding and dispositional hearings was properly denied both for her failure to demonstrate a reasonable excuse for her nonappearance and, more significantly, for her failure to demonstrate a meritorious defense to the finding of permanent neglect or the finding that termination was in the best interests of the children.   Her mere submission of a general denial to the termination petitions did not suffice to show that she possessed a meritorious defense (see, Matter of Derrick T., 261 A.D.2d 108, 687 N.Y.S.2d 260;  Matter of James Edward M., 250 A.D.2d 685, 672 N.Y.S.2d 758).

MEMORANDUM DECISION.