| Matter of Zeeyana B. (Darnell B.) |
| 2011 NY Slip Op 04455 [84 AD3d 1227] |
| May 24, 2011 |
| Appellate Division, Second Department |
| In the Matter of Zeeyana B. Commissioner of SocialServices/Administration for Children's Services, Respondent; Darnell B., Appellant, et al.,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Edward F. X. Hart and DrakeA. Colley of counsel), for petitioner-respondent. John W. Casey, Long Island City, N.Y., Attorney for the Child.
In a neglect proceeding pursuant to Family Court Act article 10, the father appeals from anorder of disposition of the Family Court, Queens County (Tally, J.), dated December 8, 2010,which, upon the denial of his motion to dismiss the amended petition for failure to state a causeof action insofar as asserted against him, upon a fact-finding order of the same court datedJanuary 26, 2010, entered after an inquest upon his default in appearing at the fact-findinghearing finding, inter alia, that he neglected the subject child, upon the denial of his separatemotion pursuant to Family Court Act § 1042 to vacate his default in appearing at thefact-finding hearing, and after a dispositional hearing, placed the child in the custody of the NewYork City Commissioner of Social Services pending completion of a permanency hearing.
Ordered that the order of disposition is affirmed, without costs or disbursements.
The Family Court providently exercised its discretion in denying the father's motion pursuantto Family Court Act § 1042 to vacate a fact-finding order entered upon his default inappearing at the fact-finding hearing (see Family Ct Act § 1042; Matter ofJenna C. [Omisa C.], 81 AD3d 941 [2011]). In moving to vacate his default, the father didnot provide a reasonable excuse for his failure to appear at the fact-finding hearing, and did notsufficiently establish a potentially meritorious defense to the allegations in the amended petition(see Matter of Jenna C. [Omisa C.], 81 AD3d 941 [2011]; Matter of Devon DefonteB.-S. [Christine B.], 73 AD3d 1037 [2010]).
The father's remaining contentions are without merit. Mastro, J.P., Leventhal, Austin andCohen, JJ., concur.