Opinion
2012-12-26
In the Matter of MARTIQUE S.C. (Anonymous). SCO Family of Services, et al., respondents; Sharika C. (Anonymous), appellant.
Peter Dailey, New York, N.Y., for appellant. Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph Carrieri of counsel), for respondent SCO Family of Services.
Peter Dailey, New York, N.Y., for appellant. Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph Carrieri of counsel), for respondent SCO Family of Services.
Geanine Towers, Brooklyn, N.Y., attorney for the child.
DANIEL D. ANGIOLILLO, J.P., THOMAS A. DICKERSON, L. PRISCILLA HALL, and LEONARD B. AUSTIN, JJ.
In a proceeding pursuant to Social Services Law § 384–b to terminate the mother's parental rights on the ground of permanent neglect, the mother appeals from an order of the Family Court, Kings County (Weinstein, J.), dated December 19, 2011, which denied her motion to vacate an order of fact-finding and disposition of the same court dated July 15, 2011, which, upon her default in appearing at the fact-finding and dispositional hearings, terminated her parental rights and transferred guardianship and custody of the child to the Commissioner of Social Services of the City of New York and the petitioner SCO Family of Services, for the purpose of adoption.
ORDERED that the order dated December 19, 2011, is affirmed, without costs or disbursements.
“A parent seeking to vacate an order entered upon his or her default in a termination of parental rights proceeding must establish that there was a reasonable excuse for the default and a potentially meritorious defense to the relief sought in the petition” ( Matter of Daniel Marcus Y. [ Marilyn Y.], 77 A.D.3d 843, 843, 909 N.Y.S.2d 378;seeCPLR 5015[a][1]; Matter of David John D., 38 A.D.3d 661, 662, 831 N.Y.S.2d 536;Matter of Miguel M.-R.B., 36 A.D.3d 613, 614, 828 N.Y.S.2d 167). “The determination of whether to relieve a party of a default is within the sound discretion of the Family Court” ( Matter of Daniel Marcus Y. [ Marilyn Y.], 77 A.D.3d at 843, 909 N.Y.S.2d 378;see Matter of Princess M., 58 A.D.3d 854, 854, 873 N.Y.S.2d 121;Matter of Capri Alexis R., 48 A.D.3d 821, 822, 852 N.Y.S.2d 386). Here, the mother established neither a reasonable excuse for the default nor a potentially meritorious defense to the relief sought in the petition. Accordingly, the Family Court properly denied the mother's motion to vacate the order of fact-finding and disposition entered on her default in appearing at the fact-finding and dispositional hearings ( see Matter of Andrea C.B.B. [ Tyshawn B.], 95 A.D.3d 1308, 1309, 944 N.Y.S.2d 906;Matter of Daniel Marcus Y. [ Marilyn Y.], 77 A.D.3d at 843–844, 909 N.Y.S.2d 378).