Opinion
2002-03464
Submitted February 24, 2003.
March 17, 2003.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the father appeals from an order of the Family Court, Queens County (Bogacz, J.), dated January 16, 2002, which denied his motion to vacate his default in appearing at the fact-finding and dispositional hearings.
Larry S. Bachner, Jamaica, N.Y., for appellant.
Carrieri Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri of counsel), for respondent.
Monica Drinane, New York, N.Y. (Patricia S. Colella of counsel), Law Guardian for the child.
Before: SONDRA MILLER, J.P., GLORIA GOLDSTEIN, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The determination of whether to relieve a party of an order entered upon his or her default is left to the sound discretion of the Family Court (see Matter of Samaria Ann B., 293 A.D.2d 532; Matter of Latisha I., 238 A.D.2d 340). A party seeking to vacate such an order must establish that there was a reasonable excuse for the default and a meritorious defense (see Matter of Ann D., 239 A.D.2d 575; Matter of Latisha I., supra; Matter of Naajila J., 235 A.D.2d 540). Since the father's conclusory, unsupported allegations failed to demonstrate either of these requisite elements, the Family Court providently exercised its discretion in refusing to vacate his default (see Matter of James Edward M. III, 250 A.D.2d 685).
The father's remaining contentions are without merit.
S. MILLER, J.P., GOLDSTEIN, ADAMS and RIVERA, JJ., concur.