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In the Matter of JOSEPH N., an Infant. HEART SHARE HUMAN SERVICES OF NEW YORK et al., Respondents; BRENDA E., Appellant.

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

The mother failed to appear at both the fact-finding hearing and the subsequent dispositional hearing. The mother's failure to appear at those hearings constituted a default and the Family Court properly proceeded by inquest ( see Matter of David John D., 38 AD3d 661, 662).

A parent seeking to vacate a default in a termination of parental rights proceeding must establish a reasonable excuse for the default, as well as a meritorious defense to the proceeding ( see CPLR 5015 [a] [1]; Matter of Fa'Shon S., 40 AD3d 863; Matter of David John D., 38 AD3d at 662; Matter of Michael William O., 16 AD3d 511). 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; Matter of Samantha P., 297 AD2d 348). Here, the mother presented neither a meritorious defense to the termination petition nor a reasonable excuse for her failure to appear at the fact-finding hearing ( see Matter of Ricky V., 4 AD3d 368, 368-369; Matter of Samantha P., 297 AD2d 348; Matter of Iris R., 295 AD2d 521; see also Matter of Danielle R., 239 AD2d 305). Accordingly, the Family Court properly denied the motion to vacate.

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IN RE JOSEPH
(Nov 27, 2007)