From Casetext: Smarter Legal Research

Matter of Polly W

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1998
255 A.D.2d 595 (N.Y. App. Div. 1998)

Opinion

November 30, 1998

Appeal from the Family Court, Kings County (Salinitro, J.).


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

Contrary to the appellant's contention, the Family Court was correct in utilizing CPLR 5015 (a) (1) to determine her motion to vacate the order of disposition terminating her parental rights ( see, Matter of Latisha I., 238 A.D.2d 340; Matter of Geraldine Rose W., 196 A.D.2d 313). Thus, the Family Court properly denied the motion to vacate the order of disposition upon finding that she failed to establish a reasonable excuse for her default and a meritorious defense ( see, Matter of Ann D., 239 A.D.2d 575; Matter of Latisha I., supra).

The appellant's remaining contentions are without merit.

O'Brien, J. P., Sullivan, Krausman and Florio, JJ., concur.


Summaries of

Matter of Polly W

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1998
255 A.D.2d 595 (N.Y. App. Div. 1998)
Case details for

Matter of Polly W

Case Details

Full title:In the Matter of ISAIAH W. POLLY W., Appellant; GRAHAM-WINDHAM SERVICES TO…

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

Date published: Nov 30, 1998

Citations

255 A.D.2d 595 (N.Y. App. Div. 1998)
680 N.Y.S.2d 872