| Matter of Joseph N. |
| 2007 NY Slip Op 09399 [45 AD3d 849] |
| November 27, 2007 |
| Appellate Division, Second Department |
| In the Matter of Joseph N., an Infant. Heart Share Human Servicesof New York et al., Respondents; Brenda E., Appellant. |
—[*1] Wingate, Kearney & Cullen, Brooklyn, N.Y. (Angelique I. Segarra of counsel), forrespondent Heart Share Human Services of New York, Roman Catholic Diocese of Brooklyn. Steven Banks, New York, N.Y. (Tamara A. Steckler and Raymond E. Rogers of counsel),Law Guardian.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rightson the ground of permanent neglect, the mother appeals from an order of the Family Court, KingsCounty (Freeman, J.), dated March 24, 2006, which denied her motion, in effect, to vacate anorder of fact-finding and disposition (one paper) of the same court dated August 9, 2005, which,upon, inter alia, her default in appearing at the fact-finding and dispositional hearings, terminatedher parental rights, and transferred guardianship and custody of the subject child to theCommissioner of Social Services of the City of New York and Heart Share Human Services ofNew York, Roman Catholic Diocese of Brooklyn for the purpose of adoption.
Ordered that the order is affirmed, without costs or disbursements.
The mother failed to appear at both the fact-finding hearing and the subsequent dispositionalhearing. The mother's failure to appear at those hearings constituted a default and the FamilyCourt properly proceeded by inquest (see Matter of David John D., 38 AD3d 661, 662 [2007]).[*2]
A parent seeking to vacate a default in a termination ofparental rights proceeding must establish a reasonable excuse for the default, as well as ameritorious defense to the proceeding (see CPLR 5015 [a] [1]; Matter of Fa'Shon S., 40 AD3d863 [2007]; Matter of David John D., 38 AD3d at 662; Matter of Michael William O., 16AD3d 511 [2005]). The determination whether to relieve a party of a default is a matter leftto the sound discretion of the Family Court (see Matter of Viergela A., 40 AD3d 630, 631 [2007]; Matter ofSamantha P., 297 AD2d 348 [2002]). Here, the mother presented neither a meritoriousdefense to the termination petition nor a reasonable excuse for her failure to appear at thefact-finding hearing (see Matter ofRicky V., 4 AD3d 368, 368-369 [2004]; Matter of Samantha P., 297 AD2d 348[2002]; Matter of Iris R., 295 AD2d 521 [2002]; see also Matter of Danielle R.,239 AD2d 305 [1997]). Accordingly, the Family Court properly denied the motion to vacate.Crane, J.P., Fisher, Carni and McCarthy, JJ., concur.