In re Alexis C.R.

Appellate Division of the Supreme Court of New York

In re Alexis C.R.

71 A.D.3d 1511, 895 N.Y.S.2d 912

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 19, 2010

StatusPublished

Cited by5 cases

This text of 71 A.D.3d 1511 (In re Alexis C.R.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Alexis C.R., 71 A.D.3d 1511, 895 N.Y.S.2d 912 (N.Y. Ct. App. 2010).

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Opinion

Appeal from an order of the Family Court, Onondaga County (Bryan R. Hedges, J.), entered February 17, 2009 in a proceeding pursuant to Social Services Law § 384-b. The order denied the motion of respondent to vacate an order entered upon his default.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Family Court properly denied the motion of respondent father to vacate an order entered upon his default in appearing at the fact-finding and dispositional hearing in this proceeding seeking termination of his parental rights with respect to the four children who are the subject of this proceeding. The father failed to meet his burden of providing a reasonable excuse for his failure to appear and a meritorious defense to the petition (see Matter of Tiara B. [appeal No. 2], 64 AD3d 1181, 1182 [2009]; Matter of Zabrina M., 17 AD3d 1132 [2005], lv denied 5 NY3d 710 [2005]). Present — Smith, J.P., Centra, Fahey and Pine, JJ.

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Appeal from an order of the Family Court, Onondaga County (Bryan R. Hedges, J.), entered February 17, 2009 in a proceeding pursuant to Social Services Law § 384-b. The order denied the motion of respondent to vacate an order entered upon his default.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Family Court properly denied the motion of respondent father to vacate an order entered upon his default in appearing at the fact-finding and dispositional hearing in this proceeding seeking termination of his parental rights with respect to the four children who are the subject of this proceeding. The father failed to meet his burden of providing a reasonable excuse for his failure to appear and a meritorious defense to the petition (see Matter of Tiara B. [appeal No. 2], 64 AD3d 1181, 1182 [2009]; Matter of Zabrina M., 17 AD3d 1132 [2005], lv denied 5 NY3d 710 [2005]). Present — Smith, J.P., Centra, Fahey and Pine, JJ.

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Bluebook (online)

71 A.D.3d 1511, 895 N.Y.S.2d 912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-alexis-cr-nyappdiv-2010.

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