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In the Matter of DANIELLE R. and Others, Children Alleged to be Permanently Neglected. RITA R., Appellant; NEW YORK FOUNDLING HOSPITAL et al., Respondents.

The court properly exercised its discretion in denying respondent's motion to vacate her default since her moving papers failed to demonstrate a reasonable excuse for her absence or a meritorious defense ( see, Matter of "Male" Jones, 128 A.D.2d 403). Her claim of illness was properly rejected since her submissions failed to establish that she was ill on the day of the proceedings, particularly in light of her previous failure to appear. No meritorious defense was established, since despite petitioners' concerted efforts, respondent failed to complete either a parenting skills class or a drug rehabilitation program, and the evidence adduced demonstrated that the children's best interests were served by the termination of respondent's parental rights ( Matter of Male J., 214 A.D.2d 417).

Concur — Rosenberger, J.P., Ellerin, Rubin, Williams and Andrias, JJ.

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MATTER OF DANIELLE R
(May 29, 1997)