Matter of Alexis C.R. (Victor C.)

2010 NY Slip Op 02340 [71 AD3d 1511]

March 19, 2010

Appellate Division, Fourth Department

As corrected through Wednesday, April 28, 2010

In the Matter of Alexis C.R. and Others. Onondaga CountyDepartment of Social Services, Respondent; Victor C., Appellant.

—[*1]Christine M. Cook, Syracuse, for respondent-appellant.

Gordon J. Cuffy, County Attorney, Syracuse (Sara J. Langan of counsel), forpetitioner-respondent.

Theodore W. Stenuf, Law Guardian, Minoa, for Alexis C.R., Jan C.C.R.,

Jonathan L.C.R. and Victor L.C.R.

Appeal from an order of the Family Court, Onondaga County (Bryan R. Hedges, J.), enteredFebruary 17, 2009 in a proceeding pursuant to Social Services Law § 384-b. The orderdenied the motion of respondent to vacate an order entered upon his default.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Family Court properly denied the motion of respondent father to vacate anorder entered upon his default in appearing at the fact-finding and dispositional hearing in thisproceeding seeking termination of his parental rights with respect to the four children who arethe subject of this proceeding. The father failed to meet his burden of providing a reasonableexcuse for his failure to appear and a meritorious defense to the petition (see Matter of TiaraB. [appeal No. 2], 64 AD3d 1181, 1182 [2009]; Matter of Zabrina M., 17 AD3d 1132 [2005], lv denied 5NY3d 710 [2005]). Present—Smith, J.P., Centra, Fahey and Pine, JJ.