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IN RE ZEEYANA B. COMM

Appellate Division of the Supreme Court of New York, Second Department.
May 24, 2011
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Ordered that the order of disposition is affirmed, without costs or disbursements.

The Family Court providently exercised its discretion in denying the father's motion pursuant to Family Court Act § 1042 to vacate a fact-finding order entered upon his default in appearing at the fact-finding hearing ( see Family Ct Act § 1042; Matter of Jenna C. [Omisa C.], 81 AD3d 941). In moving to vacate his default, the father did not provide a reasonable excuse for his failure to appear at the fact-finding hearing, and did not sufficiently establish a potentially meritorious defense to the allegations in the amended petition ( see Matter of Jenna C. [Omisa C.], 81 AD3d 941; Matter of Devon Defonte B.-S. [Christine B.], 73 AD3d 1037).

The father's remaining contentions are without merit.