| Matter of Capri Alexis R. |
| 2008 NY Slip Op 01766 [48 AD3d 821] |
| February 26, 2008 |
| Appellate Division, Second Department |
| In the Matter of Capri Alexis R. Administration for Children'sServices of the City of New York, Respondent; Andrea R., Appellant. St. Vincent's Services,Inc., Nonparty Respondent. |
—[*1] Magovern & Sclafani, New York, N.Y. (Marion G. Perry and Frederick Magovern ofcounsel), for nonparty respondent. Steven Banks, New York, N.Y. (Tamara Steckler and Carol A. Lafond of counsel), LawGuardian.
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 (Pearl, J.), dated January 12, 2007, which denied her motion to vacate an order offact-finding and disposition (one paper) of the same court dated December 7, 2006, which, upon,inter alia, her default in appearing at the fact-finding and dispositional hearings, terminated herparental rights and transferred guardianship and custody of the child to the Commissioner of theAdministration for Children's Services of the City of New York for the purpose of adoption.
Ordered that the order is affirmed, without costs or disbursements.
A parent seeking to vacate a default in a termination of parental rights proceeding mustestablish a reasonable excuse for the default and a meritorious defense (see Matter of JosephN., 45 AD3d 849 [2007]). The determination whether to relieve a party of a default is amatter left to the sound discretion of the Family Court (see Matter of Viergela A., 40AD3d 630, 631 [2007]). Here, the [*2]mother failed to present areasonable excuse for her default and failed to set forth a meritorious defense. Accordingly, theFamily Court providently exercised its discretion in denying her motion to vacate her default.Rivera, J.P., Santucci, Covello and Balkin, JJ., concur.