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In the Matter of Graham-Windham

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 2004
13 A.D.3d 379 (N.Y. App. Div. 2004)

Opinion

2003-10811

December 6, 2004.

In a proceeding pursuant to Social Services Law 384-b to terminate parental rights, the mother appeals from an order of the Family Court, Richmond County (Porzio, J.), dated November 6, 2003, which, after a hearing, denied her motion to vacate so much of an order of disposition of the same court dated April 28, 2003, as, upon her default in appearing at the fact-finding and dispositional hearing, terminated her parental rights.

Before: Ritter, J.P., S. Miller, Goldstein and Fisher, JJ., concur.


Ordered that the order is affirmed, without costs or disbursements.

The Family Court properly concluded, after a hearing, that the mother failed to establish either a reasonable excuse for her default in appearing at the fact-finding and dispositional hearing, or a meritorious defense to the proceedings. Accordingly, the Family Court providently exercised its discretion in denying her motion to vacate her default ( see Matter of Helena W., 6 AD3d 541; Matter of Jessica Dee D., 6 AD3d 435).

The mother's remaining contentions are without merit.


Summaries of

In the Matter of Graham-Windham

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 2004
13 A.D.3d 379 (N.Y. App. Div. 2004)
Case details for

In the Matter of Graham-Windham

Case Details

Full title:In the Matter of CINDY SARAH R. GRAHAM-WINDHAM, Respondent; DAISY L., Also…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 6, 2004

Citations

13 A.D.3d 379 (N.Y. App. Div. 2004)
785 N.Y.S.2d 348

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