Opinion
2012-01-19
In re LISA MARIE ANN L., A Dependent Child Under the Age of Eighteen Years, etc.,Melissa L., Respondent–Appellant,Saint Dominic's Home, Petitioner–Respondent.
Steven N. Feinman, White Plains, for appellant. Warren & Warren, P.C., Brooklyn (Ira L. Eras of counsel) for respondent.
Steven N. Feinman, White Plains, for appellant. Warren & Warren, P.C., Brooklyn (Ira L. Eras of counsel) for respondent.
Patricia W. Jellen, Eastchester, attorney for the child.
Order, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about March 21, 2011, which denied respondent mother's motion to vacate an order of disposition, same court and Justice, entered on or about December 20, 2010, which, upon the mother's default at a combined fact-finding and dispositional hearing, terminated her parental rights to the subject child upon a finding of permanent neglect, and committed custody and guardianship of the child to petitioner agency and the Commissioner of the Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs. Appeal from the aforesaid order of disposition, unanimously dismissed, without costs, as taken from a nonappealable paper.
The mother's motion to vacate her default was properly denied because she failed to demonstrate a reasonable excuse for her nonappearance at the hearing and a meritorious defense to the neglect petition (see Matter of Amirah Nicole A. [Tamika R.], 73 A.D.3d 428, 428–429, 901 N.Y.S.2d 178 [2010], lv. dismissed 15 N.Y.3d 766, 906 N.Y.S.2d 810, 933 N.E.2d 209 [2010] ). The mother's claim that she had a fair notice hearing concerning her public assistance benefits that conflicted with the fact-finding and dispositional hearings fails to explain why she made no effort to schedule the fair notice hearing at a different time since she was aware of the date of the fact-finding hearing prior to the time the fair notice hearing was set.
The agency established that it exerted diligent efforts to reunite the mother with the child, including providing the mother with numerous referrals to drug treatment and other programs, mental health evaluations, and visitation. Despite these efforts, the mother failed to complete any portion of the service plan.
To the extent the mother appeals from the order of disposition, no appeal lies from an order entered on default ( see Matter of Anthony M.W.A. [Micah W.A.], 80 A.D.3d 476, 913 N.Y.S.2d 916 [2011] ).