Opinion
2011-10-6
In re BRITTANY ANNETTE M., A Dependent Child Under the Age of Eighteen Years, etc.,Danielle McC., Respondent–Appellant,Episcopal Social Services, Petitioner–Respondent.
Patricia W. Jellen, Eastchester, for appellant.Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of counsel), for respondent.Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), attorney for the child.
Order, Family Court, New York County (Jody Adams, J.), entered on or about May 3, 2010, which denied respondent mother's motion to vacate a prior dispositional order entered on or about February 4, 2010, which, inter alia, upon the mother's default in appearing at the fact-finding and dispositional hearings, terminated her parental rights on the ground of neglect and transferred custody and guardianship of the child to petitioner agency and the Commissioner of the Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs.
*446 The mother's motion to vacate her default was properly denied because she failed to present a reasonable excuse for her failure to appear for the fact-finding and dispositional hearings and a meritorious defense to the petition to terminate her parental rights ( see Matter of Gloria Marie S., 55 A.D.3d 320, 865 N.Y.S.2d 68 [2008], lv. dismissed 11 N.Y.3d 909, 873 N.Y.S.2d 523, 901 N.E.2d 1275 [2009]; Matter of Kristen Simone V., 30 A.D.3d 174, 815 N.Y.S.2d 561 [2006] ). The mother did not present an affidavit in support of her claimed excuses for failing to appear for the hearings, after a pattern of missing prior court appearances, nor did she present any evidence to refute the agency's showing of permanent neglect. She also failed to refute the evidence establishing that termination of parental rights is in the child's best interests ( see Matter of Gloria Marie S. at 321, 865 N.Y.S.2d 68).
TOM, J.P., SAXE, DeGRASSE, FREEDMAN, ROMÁN, JJ., concur.