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IN RE OF DESIREE L.T. LITTLE FLOWER CHILDREN'S

Appellate Division of the Supreme Court of New York, Second Department.
Oct 25, 2004
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Ordered that the order of disposition is affirmed, without costs or disbursements.

The Family Court properly denied the appellant's motion to vacate his default in appearing at the fact-finding hearing on the ground that he did not have a meritorious defense to the petition ( see CPLR 5015 [a] [1]; Matter of Aaron R., 282 AD2d 464). The evidence adduced at the dispositional hearing established that it would be in the child's best interests to terminate the father's parental rights and transfer custody and guardianship of the child to the petitioner and the Commissioner of Social Services of the City of New York for the purpose of adoption ( see Matter of Ernesto Thomas A., 5 AD3d 380).