AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

IN THE MATTER OF IRVIN R., Also Known as ERVEN R., Also Known as WALTER K., JR. 2D. WALTER K., JR., Appellant; COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK et al., Respondents. (Proceeding No. 1.) IN THE MATTER OF IRVIN R., Also Known as ERVEN R., Also Known as WALTER K., JR. 2D. WALTER K., JR., Appellant; COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK et al., Respondents. (Proceeding No. 2.)

Ordered that the orders are affirmed, without costs or disbursements.

The Family Court did not improvidently exercise its discretion when it denied the father's motion to vacate his default in the neglect proceeding. The father could not establish that his nonappearance at the fact-finding and dispositional hearings was other than willful ( see, Family Court Act § 1042 Fam. Ct. Act).

In addition, the court did not improvidently exercise its discretion when it denied the father's motion to vacate his default in the proceeding to terminate his parental rights. The father failed to establish either a reasonable excuse for his default or a meritorious defense to the proceeding ( see, CPLR 5015 [a] [1]; see also, Matter of James Edward M., III, 250 A.D.2d 685; Matter of Ann D., 239 A.D.2d 575).

The father's remaining contentions are without merit.

Mangano, P. J., O'Brien, Krausman and Goldstein, JJ., concur.

Use AI to get other relevant cases.

Comments

MATTER OF IRVIN R
(Jan 19, 1999)