Home/Appellate Division of the Supreme Court of New York/In re Brittany Annette M.

In re Brittany Annette M.

88 A.D.3d 466, 930 N.Y.2d 445
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 6, 2011
StatusPublished

This text of 88 A.D.3d 466 (In re Brittany Annette M.) 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 Brittany Annette M., 88 A.D.3d 466, 930 N.Y.2d 445 (N.Y. Ct. App. 2011).

Opinion

The mother’s motion to vacate her default was properly denied because she failed to present a reasonable excuse for her failure to appear for the fact-finding and dispositional hearings and a meritorious defense to the petition to terminate her parental rights (see Matter of Gloria Marie S., 55 AD3d 320 [2008], lv dismissed 11 NY3d 909 [2009]; Matter of Kristen Simone V., 30 AD3d 174 [2006]). The mother did not present an affidavit in support of her claimed excuses for failing to appear for the hearings, after a pattern of missing prior court appearances, nor did she present any evidence to refute the agency’s showing of permanent neglect. She also failed to refute the evidence establishing that termination of parental rights is in the child’s best interests (see Matter of Gloria Marie S. at 321). Concur — Tom, J.E, Saxe, DeGrasse, Freedman and Román, JJ.

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Related

In re Kristen Simone V.
30 A.D.3d 174 (Appellate Division of the Supreme Court of New York, 2006)
In re Gloria Marie S.
55 A.D.3d 320 (Appellate Division of the Supreme Court of New York, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
88 A.D.3d 466, 930 N.Y.2d 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-brittany-annette-m-nyappdiv-2011.