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In the Matter of DAVID JOHN D. III. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; DAVID D. II, Appellant.

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

Although the father contends that he was not properly served with notice of the petition to terminate his parental rights, he submitted himself to the jurisdiction of the court by appearing on the return date of the petition and at subsequent hearing dates without asserting the defense of lack of personal jurisdiction ( see Matter of Springs v Springs, 234 AD2d 552; Matter of Rosso v Rosso, 171 AD2d 797). The father's failure to appear on the ultimate hearing date constituted a default, and the court appropriately proceeded by inquest ( see Matter of Geraldine Rose W., 196 AD2d 313, 316). In order to be relieved of such a default, the father was required to establish a reasonable excuse for his failure to appear, as well as a meritorious defense ( see CPLR 5015 [a] [1]; Matter of Michael William O., 16 AD3d 511). He failed to meet these requirements ( see Matter of Raymond Anthony A., 192 AD2d 529, 530). Accordingly, the Family Court properly denied the motion to vacate.

The father's remaining contentions are without merit.

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IN RE DAVID JOHN D
(Mar 13, 2007)