| Matter of Dominique Beyonce R. (Maria Isabel R.) |
| 2011 NY Slip Op 02013 [82 AD3d 984] |
| March 15, 2011 |
| Appellate Division, Second Department |
| In the Matter of Dominique Beyonce R. Administration forChildren's Services et al., Respondents; Maria Isabel R., Appellant. (Proceeding No. 1.) In theMatter of Marisol N. Administration for Children's Services et al., Respondents; Maria Isabel R.,Appellant. (Proceeding No. 2.) In the Matter of Christian Jesus N. Administration for Children'sServices et al., Respondents; Maria Isabel R., Appellant.(Proceeding No.3.) |
—[*1] Magovern & Sclafani, New York, N.Y. (Frederick J. Magovern of counsel), for respondentSt. Vincent's Services, Inc. Steven Banks, New York, N.Y. (Tamara A. Steckler and Patricia Colella of counsel),Attorney for the Children.
In three related proceedings pursuant to Social Services Law § 384-b to terminate themother's parental rights on the ground of permanent neglect, the mother appeals from an order ofthe Family Court, Queens County (Salinitro, J.), dated March 11, 2010, which denied her motionpursuant to CPLR 5015 (a) (1) to vacate an order of disposition of the same court dated January26, 2010, which, upon her default in appearing at a dispositional hearing, terminated her parentalrights and transferred custody and guardianship of the subject children to the Administration forChildren's Services and St. Vincent's Services, Inc., for the purpose of adoption.
Ordered that the order dated March 11, 2010, is affirmed, without costs or disbursements.
A parent seeking to vacate an order entered upon his or her default in appearing at adispositional hearing in a proceeding for the termination of his or her parental rights mustestablish that there was a reasonable excuse for the default and a potentially meritorious defenseto the [*2]disposition sought by the petitioner (see CPLR5015 [a]; Matter of Princess M., 58AD3d 854 [2009]; Matter ofNicholas S., 46 AD3d 830 [2007]; Matter of David John D., 38 AD3d 661 [2007]; Matter of Miguel M.-R.B., 36 AD3d613 [2007]; Matter of PorschaMonique J., 21 AD3d 415 [2005]).
The Family Court properly denied the mother's motion to vacate her default (see Matter of Capri Alexis R., 48AD3d 821 [2008]; Matter ofNicholas S., 46 AD3d 830 [2007]; Matter of Princess M., 58 AD3d 854 [2009]; Matter of PorschaMonique J., 21 AD3d at 416). In light of the fact that the mother was present in thecourthouse when the dispositional hearing was scheduled, her assertion that she did not know thecorrect time of the hearing was not a reasonable excuse for her default. Nor did the motherprovide any proof that she had been instructed to appear at a different time. Thus, she did notdemonstrate a reasonable excuse for her default (see Matter of Capri Alexis R., 48 AD3d 821 [2008]; Matter ofNicholas S., 46 AD3d at 831; Matter of David John D., 38 AD3d 661 [2007]; Matter ofPorscha Monique J., 21 AD3d at 416). Moreover, the mother failed to establish a potentiallymeritorious defense to the demand for relief in the petitions, which sought the termination of herparental rights (see Matter of MiguelM.-R.B., 36 AD3d 613 [2007]). Covello, J.P., Belen, Hall and Cohen, JJ., concur.