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IN RE HEART
Appellate Division of the Supreme Court of New York, Second Department.
May 15, 2007
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Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The father's incarceration at the time of the fact-finding hearing was not a reasonable excuse for his default because he provided no explanation as to why he did not notify his attorney or the court of his imprisonment ( see Matter of Tiffany L., 294 AD2d 365, 366; Matter of Raymond Anthony A., 192 AD2d 529, 530). Since the father established neither a reasonable excuse for his failure to appear nor a meritorious defense to the proceeding, the Family Court properly denied the father's motion to vacate his default ( see CPLR 5015 [a] [1]; Matter of Michael William O., 16 AD3d 511).
The father's remaining contention is without merit.
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