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Matter of Raheem

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 1996
224 A.D.2d 263 (N.Y. App. Div. 1996)

Opinion

February 13, 1996

Appeal from the Family Court, New York County (Leah Marks, J.).


The record contains ample support for Family Court's finding that the petitions to terminate respondent's parental rights were personally delivered to respondent at the time and place indicated in the affidavit of service of petitioner agency's process server, including the accurate description of respondent contained in the affidavit of service, the absence of any explanation of how the alleged place of service could have been on record with the agency as respondent's address at least two months before respondent admits to having taken up residence there, and the absence of any corroborating proof, and indeed the existence of refuting proof, that respondent was living at the address she claims was her residence at the time of service. Nor did respondent adduce facts showing that the agency did not exercise diligent efforts to encourage and strengthen the parental relationship — efforts that included arranging numerous visits with the children, often cancelled by respondent, and numerous attempts to admit respondent to a drug rehabilitation program, unsuccessful for lack of cooperation — or otherwise demonstrate a meritorious defense ( see, Matter of "Male" Jones, 128 A.D.2d 403). It is also pertinent that two and a half years passed between the default and respondent's motion to vacate it, during which time she had no contact with the children, who are ready to be adopted by their foster parents.

Concur — Murphy, P.J., Sullivan, Rubin, Ross and Tom, JJ.


Summaries of

Matter of Raheem

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 1996
224 A.D.2d 263 (N.Y. App. Div. 1996)
Case details for

Matter of Raheem

Case Details

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

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

Date published: Feb 13, 1996

Citations

224 A.D.2d 263 (N.Y. App. Div. 1996)
637 N.Y.S.2d 718