AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

IN RE APPLICATION FOR GUARDIANSHIP AND CUSTODY OF DANNY DARRELL V., ETC., ET AL., DEPENDENT CHILDREN UNDER THE AGE OF EIGHTEEN YEARS, ETC., CARMEN V., ETC., ET AL., Respondents-Appellants, LEAKE AND WATTS SERVICES, INC., ET AL., Petitioners-Respondents.

Order, Family Court, Bronx County (Clark Richardson, J.), entered on or about August 24, 1999, which denied respondent father's motion to vacate the dispositional orders entered against him upon his default on or about February 8, 1999, unanimously affirmed, without costs.

In light of all the circumstances of this case, including the foster parents' decision not to adopt and the passage of more than a year since the dispositional hearing, we conclude that there should be a new dispositional hearing to reevaluate the best interests of Danny and Manuel (see, Matter of Jelissa Ninette O., 233 A.D.2d 874). We see no reason to disturb the dispositional determination as to Noel, whose best interests are served thereby.

Respondent father's motion to vacate the dispositional orders entered against him upon his default was properly denied in light of his failure to present a reasonable excuse for his failure to attend the proceedings and his failure to offer a meritorious defense to the petition (see,Matter of Derrick T., 261 A.D.2d 108; Matter of Tyrone W., 223 A.D.2d 367).

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

Use AI to get other relevant cases.

Comments

IN RE FOR GDN. CUSTODY OF DANNY DARRELL V
(Jun 26, 2001)