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IN THE MATTER OF BABY BOY P. (ANONYMOUS). COMMISSIONER OF SOCIAL SERVICES, Respondent; PATRICIA P. (ANONYMOUS), appellant.

ORDERED that the appeal from the order dated March 17, 1999, is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see, CPLR 5511); and it is further,

ORDERED that the order dated May 6, 1999, is affirmed, without costs or disbursements.

Contrary to the appellant's contention, the Family Court properly denied her motion to vacate the order dated March 17, 1999, entered upon her default in appearing at the dispositional hearing. The appellant failed to demonstrate a reasonable excuse for the default or a meritorious defense to the proceeding. In her motion to vacate the order dated March 17, 1999, the appellant merely advised the court that she had been suffering from herpes and submitted a doctor's note to that effect. Moreover, the appellant failed to submit an affidavit of merit. As a result, the Family Court correctly concluded that the appellant "willfully refused to appear at the hearing" (Family Ct Act — 1042; see, Matter of Irvin R., 257 A.D.2d 624; Matter of Cassandra M., 260 A.D.2d 962).

The Family Court's finding of neglect is supported by a preponderance of the evidence (see, Matter of Nassau County Dept. of Social Servs. v. Denise J., 87 N.Y.2d 73).

The appellant's remaining contentions are without merit.

SANTUCCI, J.P., FLORIO, H. MILLER and TOWNES, JJ., concur.

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MATTER OF BABY BOY P. (ANONYMOUS)
(Oct 1, 2001)