Opinion
June 16, 1998
Appeal from the Family Court, New York County (Leah Marks, J.).
The testimony at the fact-finding hearing conducted in respondents absence clearly showed that respondent failed to maintain contact with the children or petitioner agency for well more than the six-month period preceding the filing of the petition and amended petitions in January 1996. Respondent's motion to vacate her default at the fact-finding hearing was properly denied upon a showing that she was personally served with a summons and notice of the March 13, 1996 court date, and in the absence of any excuse for her failure to appear on that date (Family Ct Act § 1042).
Respondent's evidence at the dispositional hearing of her efforts at drug treatment was inadequate to warrant a different result.
Concur — Milonas, J. P., Tom, Andrias and Saxe, JJ.