IN RE: TIARA B. (2009)

In appeal No. 1, respondent mother appeals from an order entered upon her default that, inter alia, revoked a suspended judgment and terminated her parental rights with respect to the child who is the subject of this proceeding.   The mother failed to appear at the hearing on the petition seeking revocation of the suspended judgment and, although her attorney was present at the hearing, the attorney did not participate.   Under those circumstances, we conclude that Family Court properly determined that the mother's unexplained failure to appear constituted a default (see Matter of Miguel M.-R.B., 36 A.D.3d 613, 828 N.Y.S.2d 167, lv. dismissed 8 N.Y.3d 957, 836 N.Y.S.2d 536, 868 N.E.2d 216;  Matter of Amy Lee P., 245 A.D.2d 1136, 666 N.Y.S.2d 532;  see also Matter of Geraldine Rose W., 196 A.D.2d 313, 316, 609 N.Y.S.2d 324, lv. dismissed 84 N.Y.2d 967, 621 N.Y.S.2d 514, 645 N.E.2d 1213).   We therefore dismiss the appeal from the order in appeal No. 1 (see Matter of Vanessa M., 263 A.D.2d 542, 693 N.Y.S.2d 221;  Amy Lee P., 245 A.D.2d 1136, 666 N.Y.S.2d 532).

In appeal No. 2, the mother appeals from an order denying her motion to vacate the order entered upon her default.   Contrary to the mother's contention, the court did not abuse its discretion in denying the motion inasmuch as the mother failed to establish a reasonable excuse for her failure to appear and a meritorious defense to the petition (see Matter of David John D., 38 A.D.3d 661, 831 N.Y.S.2d 536;  Matter of Devon Dupree F., 298 A.D.2d 103, 747 N.Y.S.2d 501).

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

MEMORANDUM: