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In the Matter of PRINCESS M., an Infant. FORESTDALE, INC., et al., Respondents; FATISH M., Appellant.

Ordered that the order dated October 29, 2007, is affirmed, without costs or disbursements.

A parent seeking to vacate an order entered upon his or her default in a termination of parental rights proceeding must establish that there was a reasonable excuse for the default and a meritorious defense to the relief sought in the petition ( see CPLR 5015 [a] [1]; Matter of Anna Coral DeL., 50 AD3d 792; Matter of Unique M.C., 16 AD3d 1155; Matter of Vanessa F., 9 AD3d 464). The determination of whether to relieve a party of a default is within the sound discretion of the Family Court ( see Matter of Anna Coral DeL., 50 AD3d at 792-793). Here, the mother failed to present a reasonable excuse for her default and failed to set forth a meritorious defense. Accordingly, the Family Court providently exercised its discretion in denying her motion to vacate the order of fact-finding and disposition entered upon her default.

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IN RE PRINCESS
(Jan 27, 2009)