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IN THE MATTER OF SAMANTHA P

Appellate Division of the Supreme Court of New York, Second Department.
Aug 19, 2002
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DECISION ORDER

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

The determination whether to relieve a party of an order entered upon his or her default is a matter left to the sound discretion of the Family Court (see Matter of Samaria Ann B., 293 A.D.2d 532; Matter of Latisha I., 238 A.D.2d 340). Contrary to the mother's contention, the Family Court providently exercised its discretion in denying her motion to vacate her default in appearing at the fact-finding and dispositional hearings since she did not offer a reasonable excuse for twice failing to appear in court on dates scheduled for commencement of the hearing, and did not demonstrate the existence of a meritorious defense to the termination petition (see Matter of Samaria Ann B., supra; Matter of Tiffany L., 294 A.D.2d 365 [2d Dept, May 2, 2002]; Matter of Adam S., 287 A.D.2d 723; Matter of Willie Mays J., 287 A.D.2d 504, lv denied 97 N.Y.2d 610). We note that the mother's recent rehabilitative efforts do not constitute a meritorious defense (see Matter of Adam S., supra).

O'BRIEN, J.P., KRAUSMAN, SCHMIDT and COZIER, JJ., concur.