In re Graham-Windham

Appellate Division of the Supreme Court of New York

In re Graham-Windham

13 A.D.3d 379, 785 N.Y.S.2d 348, 2004 N.Y. App. Div. LEXIS 14875

Procedural entryThis page is a short order in In re Graham-Windham. Read the opinion of the Court — 18 A.D.3d 755 →

Appellate Division of the Supreme Court of the State of New York·Decided December 6, 2004·Published

Opinion

In a proceeding pursuant to Social Services Law 384-b to terminate parental rights, the mother appeals from an order of the Family Court, Richmond County (Porzio, J.), dated November 6, 2003, which, after a hearing, denied her motion to vacate so much of an order of disposition of the same court dated April 28, 2003, as, upon her default in appearing at the fact-finding and dispositional hearing, terminated her parental rights.

Ordered that the order is affirmed, without costs or disbursements.

The Family Court properly concluded, after a hearing, that the mother failed to establish either a reasonable excuse for her default in appearing at the fact-finding and dispositional hearing, or a meritorious defense to the proceedings. Accordingly, the Family Court providently exercised its discretion in denying her motion to vacate her default (see Matter of Helena W., 6 AD3d 541 [2004]; Matter of Jessica Dee D., 6 AD3d 435 [2004]).

[380]*380The mother’s remaining contentions are without merit. Ritter, J.P., S. Miller, Goldstein and Fisher, JJ., concur.

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In a proceeding pursuant to Social Services Law 384-b to terminate parental rights, the mother appeals from an order of the Family Court, Richmond County (Porzio, J.), dated November 6, 2003, which, after a hearing, denied her motion to vacate so much of an order of disposition of the same court dated April 28, 2003, as, upon her default in appearing at the fact-finding and dispositional hearing, terminated her parental rights.

Ordered that the order is affirmed, without costs or disbursements.

The Family Court properly concluded, after a hearing, that the mother failed to establish either a reasonable excuse for her default in appearing at the fact-finding and dispositional hearing, or a meritorious defense to the proceedings. Accordingly, the Family Court providently exercised its discretion in denying her motion to vacate her default (see Matter of Helena W., 6 AD3d 541 [2004]; Matter of Jessica Dee D., 6 AD3d 435 [2004]).

[380]*380The mother’s remaining contentions are without merit. Ritter, J.P., S. Miller, Goldstein and Fisher, JJ., concur.

In re Graham-Windham, 13 A.D.3d 379, 785 N.Y.S.2d 348, 2004 N.Y. App. Div. LEXIS 14875 (N.Y. Ct. App. 2004).

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13 A.D.3d 379 (In re Graham-Windham) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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