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IN RE CAPRI ALEXIS
Appellate Division of the Supreme Court of New York, Second Department.
Feb 26, 2008
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Ordered that the order is affirmed, without costs or disbursements.
A parent seeking to vacate a default in a termination of parental rights proceeding must establish a reasonable excuse for the default and a meritorious defense ( see Matter of Joseph N., 45 AD3d 849). The determination whether to relieve a party of a default is a matter left to the sound discretion of the Family Court ( see Matter of Viergela A., 40 AD3d 630, 631). 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 her default.
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