| Matter of Chelsea Antoinette A. (Anna S.) |
| 2011 NY Slip Op 07588 [88 AD3d 627] |
| October 27, 2011 |
| Appellate Division, First Department |
| In the Matter of Chelsea Antoinette A. and Others, ChildrenAlleged to be Permanently Neglected. Anna S., Appellant; Mercyfirst,Respondent. |
—[*1] Warren & Warren, P.C., Brooklyn (Ira L. Eras of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Judith Waksberg of counsel),attorney for the children.
Order, Family Court, New York County (Jody Adams, J.), entered on or about September 27,2010, which denied respondent's motion to vacate an order, entered on her default, which, upon afact-finding of permanent neglect, terminated her parental rights and committed the subjectchildren to the custody and guardianship of petitioner and the Commissioner of theAdministration for Children's Services, unanimously affirmed, without costs.
Respondent did not meet her burden of establishing a reasonable excuse for her default and ameritorious defense to this proceeding (see CPLR 5015 [a] [1]; Matter of Jones,128 AD2d 403 [1987]). She failed to substantiate her excuse that her train to the courthouse waslate by submitting either an affidavit by someone with personal knowledge of the facts or officialdocumentation of a delay in public transportation (see Adefioye v Volunteers of Am.,222 AD2d 246 [1995]). She failed to controvert the allegation of permanent neglect bypresenting competent evidence that she had taken measures to remove the obstacles to herregaining custody [*2]of the children and that she had a realisticplan to support the children (see Matter of Leon RR, 48 NY2d 117, 125 [1979];Matter of Male J., 214 AD2d 417 [1995]; see also Matter of Lorenda M. [LorenzoMcG.], 2 AD3d 370 [2003]). Concur—Andrias, J.P., Sweeny, Acosta, Freedman andManzanet-Daniels, JJ.