IN RE: CALVIN S. (2008)

Supreme Court, Appellate Division, First Department, New York.

IN RE: CALVIN S., a Dependent Child Under the Age of Eighteen Years, etc., Cassandra S., Respondent-Appellant, Cardinal McCloskey Services, Petitioner-Respondent.

Decided: January 17, 2008

MAZZARELLI, J.P., ANDRIAS, CATTERSON, McGUIRE, JJ.

Howard M. Simms, New York, for appellant. David H. Berman, Larchmont, for respondent.

Order, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about September 12, 2005, which denied respondent mother's motion to vacate default in the termination of her parental rights, unanimously affirmed, without costs.

It is well settled that a parent seeking to vacate a default in a proceeding to terminate her parental rights must establish a reasonable excuse for the default as well as a meritorious defense to the proceeding (Matter of Simon J., 40 A.D.3d 317, 836 N.Y.S.2d 63 [2007]; see also Matter of Laura Mariela R., 302 A.D.2d 300, 754 N.Y.S.2d 546 [2003] ), and that determination is a matter left to the sound discretion of the Family Court (see Matter of Joei R., 302 A.D.2d 334, 335, 756 N.Y.S.2d 516 [2003], lv. dismissed 100 N.Y.2d 575, 764 N.Y.S.2d 383, 796 N.E.2d 474 [2003] ). While respondent's failure to attend the hearing may have been excusable, we find that she has not set forth a meritorious defense to the termination proceeding.

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