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Matter of Male T

Appellate Division of the Supreme Court of New York, Second Department
Aug 24, 2001
286 A.D.2d 506 (N.Y. App. Div. 2001)

Opinion

Submitted June 21, 2001.

August 24, 2001.

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 (Salinitro, J.), dated September 30, 1999, which denied his motion to vacate a dispositional order of the same court dated May 11, 1999, entered upon his default in appearing at the fact-finding and dispositional hearings, terminating his parental rights to the subject child on the ground of permanent neglect.

Jeffrey C. Bluth, Brooklyn, N.Y., for appellant.

Shafter Shafter, Garden City, N.Y. (Allan D. Shafter of counsel), for petitioner-respondent.

Monica Drinane, New York, N.Y. (Susan Clement of counsel), Law Guardian for the child.

Before: GABRIEL M. KRAUSMAN, J.P., LEO F. McGINITY, ROBERT W. SCHMIDT, THOMAS A. ADAMS, JJ.


ORDERED that the order is affirmed, without costs and disbursements.

The Family Court providently exercised its discretion in denying the father's motion to vacate his default in appearing at the fact-finding and dispositional hearings. The father failed to establish a reasonable excuse for his absence or a meritorious defense to the proceeding (see, CPLR 5015[a][1]; Matter of Irvin R., 257 A.D.2d 624; Matter of James Edward M., 250 A.D.2d 685; Matter of Male J., 214 A.D.2d 417).

KRAUSMAN, J.P., McGINITY, SCHMIDT and ADAMS, JJ., concur.


Summaries of

Matter of Male T

Appellate Division of the Supreme Court of New York, Second Department
Aug 24, 2001
286 A.D.2d 506 (N.Y. App. Div. 2001)
Case details for

Matter of Male T

Case Details

Full title:IN THE MATTER OF MALE T. (ANONYMOUS), a/k/a TYLER T. (ANONYMOUS)…

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

Date published: Aug 24, 2001

Citations

286 A.D.2d 506 (N.Y. App. Div. 2001)
729 N.Y.S.2d 637