Opinion
2001-06633
Submitted June 7, 2002
August 19, 2002.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals from an order of the Family Court, Queens County (Bogacz, J.), dated May 24, 2001, which denied her motion to vacate her default in appearing at the fact-finding and dispositional hearings.
John A. Gemelli, Forest Hills, N.Y., for appellant.
James M. Abramson, New York, N.Y., for respondent.
Sarah A. Tirgary, Jamaica, N.Y., Law Guardian for the child.
Steven Greenfield, for nonparty-grandparents.
Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The determination whether to relieve a party of an order entered upon his or her default is a matter 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). Contrary to the mother's contention, the Family Court providently exercised its discretion in denying her motion to vacate her default in appearing at the fact-finding and dispositional hearings since she did not offer a reasonable excuse for twice failing to appear in court on dates scheduled for commencement of the hearing, and did not demonstrate the existence of a meritorious defense to the termination petition (see Matter of Samaria Ann B., supra; Matter of Tiffany L., 294 A.D.2d 365 [2d Dept, May 2, 2002]; Matter of Adam S., 287 A.D.2d 723; Matter of Willie Mays J., 287 A.D.2d 504, lv denied 97 N.Y.2d 610). We note that the mother's recent rehabilitative efforts do not constitute a meritorious defense (see Matter of Adam S., supra).
O'BRIEN, J.P., KRAUSMAN, SCHMIDT and COZIER, JJ., concur.