| Matter of Princess M. |
| 2009 NY Slip Op 00544 [58 AD3d 854] |
| January 27, 2009 |
| Appellate Division, Second Department |
| In the Matter of Princess M., an Infant. Forestdale, Inc., et al.,Respondents; Fatish M., Appellant. |
—[*1] John R. Eyerman, New York, N.Y., for respondent Forestdale, Inc. Steven Banks, New York, N.Y. (Tamara A. Steckler, Judith Waksberg, and Proskauer RoseLLP, New York, N.Y. [David A. Lewis], of counsel), 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 an order of the Family Court,Queens County (Tally, J.), dated October 29, 2007, which denied her motion, in effect, to vacatean order of fact-finding and disposition of the same court dated July 13, 2007, which, upon herdefault in appearing at the fact-finding and dispositional hearings, terminated her parental rightsand transferred guardianship and custody of the child to the Commissioner of Social Services ofthe City of New York and Forestdale, Inc., for the purpose of adoption.
Ordered that the order dated October 29, 2007, is affirmed, without costs or disbursements.
A parent seeking to vacate an order entered upon his or her default in a termination ofparental rights proceeding must establish that there was a reasonable excuse for the default and ameritorious defense to the relief sought in the petition (see CPLR 5015 [a] [1]; Matter of Anna Coral DeL., 50 AD3d792 [2008]; Matter of UniqueM.C., 16 AD3d 1155 [2005]; Matter of Vanessa F., 9 AD3d 464 [2004]). The determination ofwhether to relieve a party of a default is within the sound discretion of the Family Court (seeMatter of Anna Coral DeL., 50 AD3d at 792-793). Here, the mother failed to present areasonable excuse for her [*2]default and failed to set forth ameritorious defense. Accordingly, the Family Court providently exercised its discretion indenying her motion to vacate the order of fact-finding and disposition entered upon her default.Mastro, J.P., Florio, Balkin and Eng, JJ., concur.