| Matter of Amber Megan D. |
| 2008 NY Slip Op 06564 [54 AD3d 338] |
| August 5, 2008 |
| Appellate Division, Second Department |
| In the Matter of Amber Megan D., an Infant. Orange CountyDepartment of Social Services, Respondent; Robin D., Appellant. |
—[*1] David L. Darwin, County Attorney, Goshen, N.Y. (Christine Foy Stage of counsel), forrespondent. Kelli M. O'Brien, Goshen, N.Y., attorney for the child.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rightson the ground of permanent neglect, the mother appeals from (1) an order of fact-finding anddisposition of the Family Court, Orange County (Kiedaisch, J.), dated March 5, 2007, which,after fact-finding and dispositional hearings, and upon her default in appearing at thedispositional hearing, granted the petition, terminated her parental rights, freed the child foradoption, and committed the guardianship and custody of the child to the Orange CountyDepartment of Social Services for the purpose of consenting to the child's adoption, and (2) anorder of the same court dated October 22, 2007, which denied her motion to vacate her default.
Ordered that the appeal from so much of the order of fact-finding and disposition datedMarch 5, 2007, as terminated the mother's parental rights and freed the child for adoption, uponher default in appearing at the dispositional hearing, is dismissed, without costs ordisbursements; and it is further,
Ordered that the order of fact-finding and disposition dated March 5, 2007, is affirmedinsofar as reviewed, without costs or disbursements; and it is further,
Ordered that the order dated October 22, 2007, is affirmed, without costs or [*2]disbursements.
On February 5, 2007, the court held separate fact-finding and dispositional hearings. Themother failed to appear at either hearing. The mother's attorney appeared at both hearings butparticipated only in the fact-finding hearing. Accordingly, the mother may appeal from thoseportions of the March 5, 2007, order which, after a fact-finding hearing, determined that she hadpermanently neglected the child (see Matter of Vanessa M., 263 AD2d 542, 543 [1999];Matter of Tyrell M., 283 AD2d 500, 501 [2001]). However, since the mother's attorneydid not participate in the dispositional hearing, those portions of the order dated March 5, 2007,which terminated her parental rights and freed the child for adoption were entered upon herdefault and are not appealable (seeMatter of Joseph Kenneth B., 47 AD3d 809 [2008]; Matter of Miguel M.-R.B., 36 AD3d 613, 613-614 [2007];Matter of Vanessa M., 263 AD2d 542 [1999]).
The Family Court properly found that the mother permanently neglected the child (seeSocial Services Law § 384-b [7] [a], [f]; Matter of Star Leslie W., 63 NY2d136, 142 [1984]). Moreover, the court providently exercised its discretion in denying themother's motion to vacate her default with respect to the dispositional portions of the order datedMarch 5, 2007. To be relieved of her default the mother was required to demonstrate areasonable excuse for the default and a meritorious defense (see CPLR 5015 [a] [1]; Matter of Anna Coral DeL., 50 AD3d792 [2008]; Matter of Capri AlexisR., 48 AD3d 821, 821-822 [2008]). The mother failed to present a meritorious defense.
The mother's contention that the court erred in not adjourning the fact-finding hearing uponher failure to appear is without merit (see Matter of Paulino v Camacho, 36 AD3d 821, 822 [2007]).
The mother's contention that she was denied the effective assistance of counsel is withoutmerit (see Matter of Laura F., 48AD3d 812 [2008]; Matter of CrystalL., 36 AD3d 812 [2007]; Matter of Shaheen P.J., 29 AD3d 996, 998 [2006]). Santucci, J.P.,Angiolillo, Eng and Chambers, JJ., concur.