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: DOMINIQUE BEYONCE R. (Anonymous). Administration for Children's Services, et al., respondents; Maria Isabel R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Marisol N. (Anonymous). Administration for Children's Services, et al., respondents; Maria Isabel R. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Christian Jesus N. (Anonymous). Administration for Children's Services, et al., respondents; Maria Isabel R. (Anonymous), appellant. (Proceeding No. 3)
In three related proceedings pursuant to Social Services Law § 384–b to terminate the mother's parental rights on the ground of permanent neglect, the mother appeals from an order of the Family Court, Queens County (Salinitro, J.), dated March 11, 2010, which denied her motion pursuant to CPLR 5015(a)(1) to vacate an order of disposition of the same court dated January 26, 2010, which, upon her default in appearing at a dispositional hearing, terminated her parental rights and transferred custody and guardianship of the subject children to the Administration for Children's Services and St. Vincent's Services, Inc., for the purpose of adoption.
ORDERED that the order dated March 11, 2010, is affirmed, without costs or disbursements.
A parent seeking to vacate an order entered upon his or her default in appearing at a dispositional hearing in a proceeding for the termination of his or her parental rights must establish that there was a reasonable excuse for the default and a potentially meritorious defense to the disposition sought by the petitioner (see CPLR 5015[a]; Matter of Princess M., 58 A.D.3d 854, 873 N.Y.S.2d 121; Matter of Nicholas S., 46 A.D.3d 830, 848 N.Y.S.2d 311; Matter of David John D., 38 A.D.3d 661, 831 N.Y.S.2d 536; Matter of Miguel M.-R.B., 36 A.D.3d 613, 828 N.Y.S.2d 167; Matter of Porscha Monique J., 21 A.D.3d 415, 799 N.Y.S.2d 780).
The Family Court properly denied the mother's motion to vacate her default (see Matter of Capri Alexis R., 48 A.D.3d 821, 852 N.Y.S.2d 386; Matter of Nicholas S., 46 A.D.3d 830, 848 N.Y.S.2d 311; Matter of Princess M., 58 A.D.3d 854, 873 N.Y.S.2d 121; Matter of Porscha Monique J., 21 A.D.3d at 416, 799 N.Y.S.2d 780). In light of the fact that the mother was present in the courthouse when the dispositional hearing was scheduled, her assertion that she did not know the correct time of the hearing was not a reasonable excuse for her default. Nor did the mother provide any proof that she had been instructed to appear at a different time. Thus, she did not demonstrate a reasonable excuse for her default (see Matter of Capri Alexis R., 48 A.D.3d 821, 852 N.Y.S.2d 386; Matter of Nicholas S., 46 A.D.3d at 831, 848 N.Y.S.2d 311; Matter of David John D., 38 A.D.3d 661, 831 N.Y.S.2d 536; Matter of Porscha Monique J., 21 A.D.3d at 416, 799 N.Y.S.2d 780). Moreover, the mother failed to establish a potentially meritorious defense to the demand for relief in the petitions, which sought the termination of her parental rights (see Matter of Miguel M.-R.B., 36 A.D.3d 613, 828 N.Y.S.2d 167).
Thank you for your feedback!
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: March 15, 2011
Court: Supreme Court, Appellate Division, Second Department, New York.
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)