IN RE: JAMES L. (Anonymous). (2026)

DECISION & ORDER

In a proceeding pursuant to Social Services Law § 384–b, the father appeals from an order of the Family Court, Nassau County (Ellen R. Greenberg, J.), dated August 21, 2024.  The order denied the father's motions to vacate so much of an order of fact-finding and disposition of the same court dated May 20, 2024, as, upon his failure to appear, and after an inquest, terminated his parental rights to the child James L. on the ground of abandonment, and transferred custody and guardianship of that child to the Nassau County Department of Social Services for the purpose of adoption.

ORDERED that the order dated August 21, 2024, is affirmed, without costs or disbursements.

In this proceeding pursuant to Social Services Law § 384–b, inter alia, to terminate the father's parental rights to the child James L. (hereinafter the subject child) on the ground of abandonment, the father was found in default upon his failure to appear on the return date.  In an order of fact-finding and disposition dated May 20, 2024, after an inquest, the Family Court determined that the subject child was an abandoned child, terminated the father's parental rights, and transferred custody and guardianship of the subject child to the Nassau County Department of Social Services for the purpose of adoption.

The father thereafter moved, in effect, pursuant to CPLR 5015(a)(1) to vacate those portions of the order of fact-finding and disposition.  By order dated August 21, 2024, the Family Court denied that relief.  The father appeals.

The determination of whether to relieve a party of a default is within the sound discretion of the Family Court (see Matter of Caden Y.L. [Kathy L.], 198 AD3d 780, 781;  Matter of Brandon G. [Tiynia M.], 155 AD3d 626, 626).  A parent seeking to vacate a default in a proceeding for the termination of parental rights must establish a reasonable excuse for the default and a potentially meritorious defense to the relief sought in the petition (see CPLR 5015[a][1];  Matter of Caden Y.L. [Kathy L.], 198 AD3d at 781;  Matter of Kamiyah D.B.V. [Myron B.], 168 AD3d 752, 753).  “Termination of parental rights is authorized by Social Services Law § 384–b(4)(b) when a parent abandons a child for a period of six months immediately prior to the date of the filing of the petition” (Matter of Joshua A.M. [Stephen M.], 247 AD3d 767, 768 [internal quotation marks omitted] ).

Here, while the father demonstrated a reasonable excuse for his default, he failed to establish a potentially meritorious defense to the relief sought in the petition, as his proffered defense did not account for the relevant six-month time period (see Social Services Law § 384–b[4][b];  Matter of Harlem H.H. [Coty H.], 218 AD3d 579, 581).

Accordingly, the Family Court providently exercised its discretion in declining to vacate so much of the order of fact-finding and disposition as determined that the subject child was an abandoned child, terminated the father's parental rights, and transferred custody and guardianship of the subject child to the Nassau County Department of Social Services for the purpose of adoption.

IANNACCI, J.P., VOUTSINAS, TAYLOR and MCCORMACK, JJ., concur.