| Matter of Unique M.C. v Jessica M.L. |
| 2005 NY Slip Op 02157 |
| Decided on March 18, 2005 |
| Appellate Division, Fourth Department |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on March 18, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., SCUDDER, KEHOE, SMITH, AND HAYES, JJ.
MEMORANDUM AND ORDER
374 CAF 04-01066
[*1]MATTER OF UNIQUE M.C. AND SAAFIR M. ————————————————————— ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT;
and
JESSICA M.L., RESPONDENT-APPELLANT.
and
JESSICA M.L., RESPONDENT-APPELLANT.
Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), entered February 5, 2004 in a proceeding pursuant to Social Services Law § 384-b. The order, insofar as appealed from, denied in part respondent's motion to vacate an order entered upon respondent's default.
CHARLES J. GREENBERG, BUFFALO, FOR RESPONDENT-APPELLANT.
JOSEPH T. JARZEMBEK, BUFFALO, FOR PETITIONER-RESPONDENT.
DAVID C. SCHOPP, LAW GUARDIAN, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CHARLES D. HALVORSEN OF COUNSEL), FOR UNIQUE M.C. AND SAAFIR M.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Family Court properly denied in part the motion of respondent to vacate an order entered upon her default in appearing at the fact-finding and dispositional hearings in this proceeding seeking, inter alia, termination of her parental rights regarding Unique M.C. Respondent failed to meet her burden of providing a reasonable excuse for her default or a meritorious defense to the proceeding (see Matter of Vanessa F., 9 AD3d 464; Matter of Ricky V., 4 AD3d 368).
Entered: March 18, 2005
Clerk of the Court