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IN RE: CUSTODY and Guardianship OF RENEE N., et al., Dependent Children Under the Age of 18 Years, etc., Jerome N., Respondent-Appellant, Family Support Systems Unlimited, Inc., et al., Petitioners-Respondents.
Order, Family Court, Bronx County (Harold Lynch, J.), entered September 11, 1997, which denied respondent's motion to vacate orders of disposition, made upon his default, terminating his parental rights to the subject children and freeing them for adoption, following fact-finding determinations of abandonment, also made upon respondent's default, unanimously affirmed, without costs.
Vacatur of respondent's default at the fact-finding hearing was properly denied for failure to show a meritorious defense to the finding of abandonment. Respondent's claims that either he or the children's mother attempted on numerous occasions to contact the agency during the abandonment period are unsubstantiated and insufficient to warrant relief. Nor did respondent show a meritorious defense to the disposition (see, Matter of Baby Girl S., 240 A.D.2d 215, 658 N.Y.S.2d 595, lv. dismissed 91 N.Y.2d 887, 668 N.Y.S.2d 564, 691 N.E.2d 636; Matter of Kawari Claude C., 248 A.D.2d 158, 669 N.Y.S.2d 566).
MEMORANDUM DECISION.
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Decided: February 04, 1999
Court: Supreme Court, Appellate Division, First Department, New York.
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