Opinion
February 9, 2001.
April 30, 2001.
Larry S. Bachner, Jamaica, N.Y., for appellant.
Quinlan and Carmel, Hastings-on-Hudson, N.Y. (Jeremiah Quinlan of counsel), for respondent New York Foundling Hospital.
Monica Drinane, New York, N.Y. (Patricia S. Colella of counsel), Law Guardian for the child.
Before: CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals from (1) an order of the Family Court, Queens County (Bogacz, J.), dated November 13, 1998, which denied her motion to vacate her default in appearing at the dispositional hearing, and (2) so much of a fact-finding and dispositional order of the same court, entered December 9, 1998, as, after a fact-finding and dispositional hearing, 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 New York Foundling Hospital.
ORDERED that the order dated November 13, 1998 is affirmed, without costs or disbursements; and it is further,
ORDERED that the appeal from so much of the order entered December 9, 1998, as terminated the mother's parental rights, upon her default in appearing at the dispositional hearing, is dismissed, without costs or disbursements, as no appeal lies from the portion of an order entered upon the default of the appealing party (see, Matter of Vanessa M., 263 A.D.2d 542); and it is further,
ORDERED that the order entered December 9, 1998, is affirmed insofar as reviewed, without costs or disbursements.
Contrary to the mother's contentions, the presentment agency met its burden of establishing, by clear and convincing evidence, that she permanently neglected her son by failing to maintain contact with him and to plan for his future despite its diligent efforts to encourage the parental relationship and reunite them (see, Matter of Chimere C., 259 A.D.2d 615; Matter of La'Quan DeVota H., 259 A.D.2d 486; Matter of Hasson B., 219 A.D.2d 649; Matter of Marcel F., 212 A.D.2d 705).
As the mother failed to establish either a reasonable excuse for her failure to attend the dispositional hearing, or that she had a meritorious defense to the proceeding, the court providently exercised its discretion in denying her motion to vacate her default (see, Matter of Irvin R., 257 A.D.2d 624; Matter of James M., 250 A.D.2d 685).
Those remaining contentions of the mother which are properly before this court are without merit.