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Matter of Danielle R

Appellate Division of the Supreme Court of New York, First Department
May 29, 1997
239 A.D.2d 305 (N.Y. App. Div. 1997)

Opinion

May 29, 1997

Appeal from Family Court, New York County (Mary Bednar, J.),


The court properly exercised its discretion in denying respondent's motion to vacate her default since her moving papers failed to demonstrate a reasonable excuse for her absence or a meritorious defense ( see, Matter of "Male" Jones, 128 A.D.2d 403). Her claim of illness was properly rejected since her submissions failed to establish that she was ill on the day of the proceedings, particularly in light of her previous failure to appear. No meritorious defense was established, since despite petitioners' concerted efforts, respondent failed to complete either a parenting skills class or a drug rehabilitation program, and the evidence adduced demonstrated that the children's best interests were served by the termination of respondent's parental rights ( Matter of Male J., 214 A.D.2d 417).

Concur — Rosenberger, J.P., Ellerin, Rubin, Williams and Andrias, JJ.


Summaries of

Matter of Danielle R

Appellate Division of the Supreme Court of New York, First Department
May 29, 1997
239 A.D.2d 305 (N.Y. App. Div. 1997)
Case details for

Matter of Danielle R

Case Details

Full title:In the Matter of DANIELLE R. and Others, Children Alleged to be…

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

Date published: May 29, 1997

Citations

239 A.D.2d 305 (N.Y. App. Div. 1997)
658 N.Y.S.2d 857

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