Opinion
October 21, 1999
Susan Clement for Willie James Scott R.
John J. Marafino for Respondent-Appellant.
Frederick J. Macgovern for Petitioner-Respondent.
SULLIVAN, J.P., WILLIAMS, WALLACH, LERNER, FRIEDMAN, JJ.
Order, Family Court, New York County (Rhoda Cohen, J.), entered on or about May 25, 1997, denying appellant's motion to vacate her default at the fact-finding and dispositional hearings that resulted in the termination of her parental rights on a finding of permanent neglect and in a determination that it was in the best interests of the subject children that they be freed for adoption, unanimously affirmed, without costs.
Vacatur of appellant's default at the fact-finding and dispositional hearings was properly denied both for her failure to demonstrate a reasonable excuse for her nonappearance and, more significantly, for her failure to demonstrate a meritorious defense to the finding of permanent neglect or the finding that termination was in the best interests of the children. Her mere submission of a general denial to the termination petitions did not suffice to show that she possessed a meritorious defense (see,Matter of Derrick T., ___ A.D.2d ___, 687 N.Y.S.2d 260; Matter of Edward M., 250 A.D.2d 685).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.