Opinion
2011-10-27
In re CHELSEA ANTOINETTE A., and Others, Dependent Children Under Eighteen Years of Age, etc.,Anna S., Respondent–Appellant,v.Mercyfirst, Petitioner–Respondent.
Tennille M. Tatum–Evans, New York, for appellant.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.
*504 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 a fact-finding of permanent neglect, terminated her parental rights and committed the subject children to the custody and guardianship of petitioner and the Commissioner of the Administration for Children's Services, unanimously affirmed, without costs.
Respondent did not meet her burden of establishing a reasonable excuse for her default and a meritorious defense to this proceeding ( see CPLR 5015[a][1]; Matter of Jones, 128 A.D.2d 403, 512 N.Y.S.2d 689 [1987] ). She failed to substantiate her excuse that her train to the courthouse was late by submitting either an affidavit by someone with personal knowledge of the facts or official documentation of a delay in public transportation ( see Adefioye v. Volunteers of Am., 222 A.D.2d 246, 634 N.Y.S.2d 696 [1995] ). She failed to controvert the allegation of permanent neglect by presenting competent evidence that she had taken measures to remove the obstacles to her regaining custody of the children and that she had a realistic plan to support the children ( see Matter of Leon RR, 48 N.Y.2d 117, 125, 421 N.Y.S.2d 863, 397 N.E.2d 374 [1979]; Matter of Male J., 214 A.D.2d 417, 625 N.Y.S.2d 179 [1995]; see also Matter of Lorenda M. [Lorenzo McG.], 2 A.D.3d 370, 770 N.Y.S.2d 70 [2003] ).
ANDRIAS, J.P., SWEENY, ACOSTA, FREEDMAN, MANZANET–DANIELS, JJ., concur.