| Matter of Jaynices D. (Yesenia Del V.) |
| 2009 NY Slip Op 08454 [67 AD3d 518] |
| November 17, 2009 |
| Appellate Division, First Department |
| In the Matter of Jaynices D. and Others, Infants. Yesenia Del V.,Appellant; McMahon Services for Children, Respondent. In the Matter of Jose M. and Others,Infants. Yesenia Del V., Appellant; McMahon Services for Children,Respondent. |
—[*1] Joseph T. Gatti, New York, for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Raymond E. Rogers of counsel),Law Guardian.
Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about May19, 2008, which denied respondent's motion to vacate orders of disposition entered on or aboutJanuary 17, 2008, terminating her parental rights to Jose, Christine, Cynthia and Yesenia, andtransferring guardianship and custody of the children to the Commissioner of Social Servicesand petitioner agency for the purpose of adoption, unanimously affirmed, without costs. Orders,same court and Judge, entered on or about May 23, 2008 and on or about July 29, 2008, whichterminated respondent's parental rights to Myra and Shakira and to Jaynices, respectively, andtransferred guardianship and custody of the children to the Commissioner of Social Services andpetitioner agency for the purpose of adoption, unanimously affirmed, without costs.
Respondent failed to demonstrate a reasonable excuse for her absence from the [*2]dispositional hearing that resulted in the termination of her parentalrights to Jose, Christine, Cynthia and Yesenia and a meritorious defense to the proceeding(see Matter of Jones, 128 AD2d 403 [1987]). Her proffered excuse—that she wasconfused about the time of the hearing—was not reasonable, particularly in light of herhistory of failing to appear at scheduled proceedings. The defense that respondent stated sheintended to offer was the very defense that had been rejected at the fully contested dispositionalhearing regarding Myra, Shakira and Jaynices.
Family Court properly denied respondent's request for an adjournment of the dispositionalhearing that resulted in the termination of her parental rights to Myra, Shakira and Jaynices,since respondent's need for an adjournment arose from her own conduct (see Matter of Steven B., 24 AD3d384, 385 [2005], affd 6 NY3d 888 [2006]). Concur—Gonzalez, P.J., Saxe,McGuire, Acosta and Roman, JJ.