Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: SEAN MICHAEL N., and Others, Dependent Children Under the Age of Eighteen Years, etc., Lydia T., Respondent–Appellant, v. Shawn N., Respondent, Edwin Gould Services for Children, Petitioner–Respondent. In re Sean Michael N., and Others, Dependent Children Under the Age of Eighteen Years, etc., Shawn N., Respondent–Appellant, Lydia T., Respondent, Edwin Gould Services for Children, Petitioner–Respondent.
Order, Family Court, Bronx County (Fernando H. Silva, J.), entered on or about May 2, 2012, which denied respondents parents' motions to vacate an order of disposition, same court and Judge, entered on or about September 28, 2011, upon their default, which, upon findings of permanent neglect, terminated their parental rights to their children and committed the custody and guardianship of the children to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.
Respondents failed to demonstrate a reasonable excuse for their absence from the proceeding and a meritorious defense to the petition (see Matter of Amirah Nicole A. [Tamika R.], 73 AD3d 428 [1st Dept 2010], lv dismissed 15 NY3d 766 [2010]; Matter of Bibianamiet L.-M. [Miledy L.N.], 71 AD3d 402 [1st Dept 2010] ). Contrary to their assertions, they were responsible for knowing the time of the hearing. Their bare assertions that their respective attorneys would have presented evidence countering the allegations of permanent neglect were insufficient to establish a meritorious defense (see Matter of Gloria Marie S., 55 AD3d 320, 321 [1st Dept 2008], lv dismissed 11 NY3d 909 [2009] ).
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: May 21, 2013
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)