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IN RE: ADAM S. (Anonymous). April S. (Anonymous), Appellant; Little Flower Children's Services, Respondent.
In a neglect proceeding pursuant to Social Services Law § 384-b to terminate parental rights, the mother appeals from an order of the Family Court, Queens County (Stokinger, J.), dated October 16, 2000, which denied her motion to, in effect, vacate an order of the same court (Berman, J.), dated November 26, 1996, made upon her default in appearing, which, inter alia, continued the child's placement in foster care, and for custody of the child.
ORDERED that the order is affirmed, without costs or disbursements.
The Family Court properly found that the mother failed to sustain her burden of establishing a reasonable excuse for her default in appearing and a meritorious defense (see, CPLR 5015[a][1] ). The mother's rehabilitative efforts did not constitute a meritorious defense (see, Matter of Aaron R., 282 A.D.2d 464, 722 N.Y.S.2d 422; Matter of Julie T., 248 A.D.2d 477, 478, 668 N.Y.S.2d 924; Matter of Raymond Anthony A., Jr., 192 A.D.2d 529, 596 N.Y.S.2d 723; Matter of Shirley C., 145 A.D.2d 631, 536 N.Y.S.2d 156; cf., Matter of Patrick L., 179 A.D.2d 220, 582 N.Y.S.2d 437). In addition, the termination of the mother's parental rights precluded her right to regain custody (see, Matter of Santosky v. Roach, 161 A.D.2d 908, 557 N.Y.S.2d 473).
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Decided: October 29, 2001
Court: Supreme Court, Appellate Division, Second Department, New York.
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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.
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