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In the Matter of MIGUEL M.-R.B. GRAHAM-WINDHAM, INC., Respondent; MONIQUE B., Appellant.

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

The mother's failure to appear at the combined fact-finding and dispositional hearing constituted a default in light of her counsel's election to stand mute ( see Matter of Geraldine Rose W., 196 AD2d 313; accord Matter of Vanessa M., 263 AD2d 542). In order to be relieved of such a default, the mother was required to provide a reasonable excuse for her failure to appear, as well as a meritorious defense ( see CPLR 5015 [a] [1]; Matter of Vanessa M., supra; Matter of Ann D., 239 AD2d 575; Matter of Jazel Dominique D., 209 AD2d 410).

Even assuming that the mother provided a reasonable excuse for her failure to appear, she failed to establish a meritorious defense to the relief sought in the petition ( see Matter of Shirley C., 145 AD2d 631). Accordingly, the court providently exercised its discretion in denying her motion to vacate her default ( see Matter of Shirley C., supra).

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IN RE MATTER OF MONIQUE B
(Jan 9, 2007)