| Matter of Isaac Howard M. (Fatima M.) |
| 2011 NY Slip Op 09201 [90 AD3d 559] |
| Dcmbr 20, 2011 |
| Appellate Division, First Department |
| In the Matter of Isaac Howard M. and Another, Children Alleged tobe Neglected. Fatima M., Appellant, Jewish Child Care Association of New York,Respondent. |
—[*1] Law Offices of James M. Abramson, PLLC, New York (Dawn M. Orsatti of counsel), forrespondent.
Orders, Family Court, Bronx County (Monica Drinane, J.), entered on or about June 12,2009, which, upon respondent-appellant mother's default and after conducting hearings,terminated her parental rights to the children upon findings that she had permanently neglectedthe subject children, and committed custody and guardianship of the children to petitioner agencyand the Commissioner of Social Services for purposes of adoption, and order, same court andJudge, entered on or about April 27, 2010, which denied respondent-appellant's motion to vacateher default at the fact-finding and dispositional hearings, unanimously affirmed, without costs.
The court had discretion to deny the mother's request to adjourn the fact-finding hearingwhere her nonappearance was not explained (Family Ct Act § 1048 [a]; see Matter ofDoran J., 266 AD2d 99 [1999]).
The mother's motion to vacate her default was properly denied where she did not provideeither a reasonable excuse for her nonappearance or demonstrate a meritorious defense (see Matter of Amirah Nicole A. [TamikaR.], 73 AD3d 428, 428-429 [2010], lv dismissed 15 NY3d 766 [2010]). Themother's claim that she lacked money for transportation does not explain why she failed to notifyeither the court or her attorney that she could not appear. Moreover, she elected to schedule anappointment for services at the same date and time as the court proceeding. The mother also didnot demonstrate that four years after placement, she had completed a drug treatment program or amental health evaluation. Concur—Saxe, J.P., Catterson, Moskowitz, Acosta andRenwick, JJ.