IN THE MATTER OF TIFFANY L

ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.

The Family Court properly denied the mother's motion to vacate her default in appearing at the fact-finding hearing. To vacate the default, the mother had to provide a reasonable excuse for her default and offer a meritorious defense to the proceeding (see CPLR 5015[a][1]; Matter of Willie Mays J., 287 A.D.2d 504). The mother's alleged incarceration at the time the hearing was scheduled does not constitute a reasonable excuse since she failed to notify her attorney or the court of her imprisonment (see Matter of Raymond Anthony A., 192 A.D.2d 529, 530). Moreover, the mother could not establish a meritorious defense to the charge of permanent neglect since she failed to overcome her drug addiction which was the original reason the child was taken from her and placed in foster care (see Matter of Maldrina R., 219 A.D.2d 723).

Additionally, the evidence presented at the dispositional hearing supports the Family Court's determination that the child's best interests would be served by freeing her for adoption (see Matter of Star Leslie W., 63 N.Y.2d 136, 148). The mother claims that when the Family Court became aware that she was incarcerated, it should have granted her application for a mistrial and started the dispositional hearing anew. We disagree. The Family Court gave the mother an opportunity to testify and present evidence, and the mother had sufficient time to request a transcript of the hearing minutes and recall the caseworker. Accordingly, the Family Court acted properly in denying the application for a mistrial.

RITTER, J.P., ALTMAN, ADAMS and CRANE, JJ., concur.