In re Shakyra M.

Appellate Division of the Supreme Court of New York

In re Shakyra M.

270 A.D.2d 941, 705 N.Y.S.2d 549, 2000 N.Y. App. Div. LEXIS 3353

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

DecidedMarch 29, 2000

StatusPublished

Cited by2 cases

This text of 270 A.D.2d 941 (In re Shakyra 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 Shakyra M., 270 A.D.2d 941, 705 N.Y.S.2d 549, 2000 N.Y. App. Div. LEXIS 3353 (N.Y. Ct. App. 2000).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Family Court did not abuse its discretion in denying the motion of respondent to vacate an order of disposition entered upon her default, which terminated her parental rights. Respondent was in court when the date for the hearing was set. Therefore, her contention that she did not receive written notice of the hearing date does not constitute a reasonable excuse for the default, nor has respondent demonstrated a meritorious defense to the petition (see, Matter of Vanessa M., 263 AD2d 542; Matter of Little Flower Children’s Servs. v Vernon J., 213 AD2d 548, 549; see also, Matter of Monica Irene C., 262 AD2d 69, 70). (Appeal from Order of Erie County Family Court, Szczur, J. — Vacate Order.) Present — Hayes, J. P., Hurlbutt, Scudder and Kehoe, JJ.

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—Order unanimously affirmed without costs. Memorandum: Family Court did not abuse its discretion in denying the motion of respondent to vacate an order of disposition entered upon her default, which terminated her parental rights. Respondent was in court when the date for the hearing was set. Therefore, her contention that she did not receive written notice of the hearing date does not constitute a reasonable excuse for the default, nor has respondent demonstrated a meritorious defense to the petition (see, Matter of Vanessa M., 263 AD2d 542; Matter of Little Flower Children’s Servs. v Vernon J., 213 AD2d 548, 549; see also, Matter of Monica Irene C., 262 AD2d 69, 70). (Appeal from Order of Erie County Family Court, Szczur, J. — Vacate Order.) Present — Hayes, J. P., Hurlbutt, Scudder and Kehoe, JJ.

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270 A.D.2d 941, 705 N.Y.S.2d 549, 2000 N.Y. App. Div. LEXIS 3353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-shakyra-m-nyappdiv-2000.

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