Opinion
Submitted September 6, 2001.
October 9, 2001.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals from an order of disposition of the Family Court, Kings County (Elkins, J.), dated January 4, 1999, which, upon her default in appearing at the fact-finding hearing, and after a dispositional hearing, terminated her parental rights and transferred guardianship and custody of the subject child to the petitioners, Salvation Army and the Commissioner of Social Services of the City of New York, for the purposes of adoption. The appeal from the order of disposition brings up for review so much of an order of the same court (Bogacz, J.), dated September 14, 1998, as denied her motion to vacate her default in appearing at the fact-finding hearing.
Lisa R. Marlow Wolland, Montrose, N.Y., for appellant.
Rosin Reiniger, New York, N.Y., (Douglas H. Reiniger of cousel), for respondent Salvation Army.
Monica Drinane, New York, N.Y., (Raymond E. Rogers of cousel), Law Guardian for the child.
Before: GLORIA GOLDSTEIN, J.P., LEO F. McGINITY, HOWARD MILLER and SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order of disposition is affirmed, without costs or disbursements.
The Family Court properly denied the mother's motion to vacate her default in appearing at the fact-finding hearing, since she demonstrated neither a reasonable excuse for her default nor a meritorious defense to the proceeding (see, CPLR 5015; Matter of Angel Joseph S., 282 A.D.2d 752; Matter of Aaron R., 282 A.D.2d 464).
The evidence presented at the dispositional hearing supports the Family Court's determination that the child's best interests would be served by terminating the mother's parental rights and freeing him for adoption (see, Social Services Law § 384-b; Family Ct Act § 631; Matter of Star Leslie W., 63 N.Y.2d 136; Matter of Sheila G., 61 N.Y.2d 368).