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IN RE CUSTODY, ETC., ASHLEY MARIE M., A CHILD UNDER THE AGE OF EIGHTEEN YEARS, ETC., YOLANDA M., RESPONDENT-APPELLANT, MCMAHON SERVICES FOR CHILDREN, ET AL., PETITIONERS-RESPONDENTS.

Respondent shows neither a reasonable excuse for her failure to appear at the hearings nor a meritorious defense to the proceeding (Matter of "Male" Jones, 128 A.D.2d 403). Although respondent eventually provided documentation of medical treatment that prevented her attendance in court on the day of the hearings, she does not explain why she failed to contact her attorney, the court or the agency to advise of her unavailability. Nor does she explain why she waited almost nine months after the inquests to submit a motion to vacate her defaults (see, Matter of Baby Girl S., 240 A.D.2d 215, lv dismissed 91 N.Y.2d 887). Also unsubstantiated were respondent's conclusory and inconsistent assertions that she had complied with the agency's goals or was physically unable to do so (see, Matter of Wesley Antonio C., 268 A.D.2d 299).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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IN RE CUSTODY OF ASHLEY MARIE M
(Oct 16, 2001)