IN RE: M.W. (2025)

Order, Family Court, New York County (Gail A. Adams, Ref.), entered on or about May 10, 2024, which denied respondent's motion to vacate a five-year order of protection entered on default on behalf of petitioner, unanimously affirmed, without costs.

Family Court providently exercised its discretion in denying respondent's motion to vacate the order entered upon his default, as he failed to establish a reasonable excuse for his failure to appear at the inquest (CPLR 5015[a][1];  see Matter of Desiree P. v. Michael L., 194 A.D.3d 494, 495, 143 N.Y.S.3d 547 [1st Dept. 2021]).  Respondent's motion was not supported by any competent admissible medical evidence showing that he was hospitalized on May 11, 2023 and unable to appear for the inquest (see Seitzer v. McFadden, 219 A.D.3d 1262, 197 N.Y.S.3d 16 [1st Dept. 2023]).  Nor did the fact that certain medical providers contacted petitioner at an unspecified time on the May 11, 2023, court date corroborate respondent's contention that he was unable to appear in court for medical reasons.  Furthermore, respondent has a history of failing to appear at critical points during proceedings (see Matter of Miguel L. v. Ashley J.L., 177 A.D.3d 476, 477, 114 N.Y.S.3d 291 [1st Dept. 2019]).

Since respondent's proffered excuse was not reasonable, we need not determine whether he showed a potentially meritorious defense (see Matter of Sharon M. v. Elmer Gabriel M., 217 A.D.3d 415, 416, 190 N.Y.S.3d 41 [1st Dept. 2023]).

We have considered respondent's arguments regarding appointment of counsel and find them unavailing (see Matter of Ikram B. v. Abdelkader B.-B., 215 A.D.3d 468, 469, 185 N.Y.S.3d 681 [1st Dept. 2023]).