The court did not improperly exercise its discretion in denying respondent's motion to vacate her default at the fact-finding hearing since her moving papers failed to demonstrate a reasonable excuse for her absence or a meritorious defense (CPLR 5015 [a] [1]; Matter of "Male" Jones, 128 A.D.2d 403; see also, Matter of Ali Khalil B., 204 A.D.2d 213). Her spurious claim of illness was properly rejected since she never notified the petitioner agency, the court or her attorney of her purported illness, proffered no doctor's note or prescription to verify her claim, and this was only one instance in a repeated pattern of lateness (see, Matter of Jazel Dominique D., 209 A.D.2d 410; Matter of Ali Khalil B., supra). Moreover, although the allegations against respondent were based on her substance abuse problem, she never negated those allegations by asserting that she had completed a rehabilitation program or that she was drug and alcohol-free (see, Matter of Raymond Anthony A., 192 A.D.2d 529, lv dismissed 82 N.Y.2d 706). Petitioner established by clear and convincing evidence that respondent permanently neglected her son (Social Services Law § 384-b [d]; [7] [a]). Contrary to respondent's contention, her attorney's failure to participate in the fact-finding hearing in respondent's absence was not ineffective representation, but rather preserved respondent's opportunity to seek to open the default. (Matter of Geraldine Rose W., 196 A.D.2d 313, lv dismissed 84 N.Y.2d 967.)
The court also properly concluded that the best interests of the child required that custody rights be transferred to petitioner for adoption purposes. The evidence established that respondent's chronic substance abuse and mental instability prevented her from properly caring for this emotionally troubled child who needs a caretaker with special training such as the foster mother has received.
We have considered respondent's additional contention and find it to be without merit.
Concur — Sullivan, J.P., Rosenberger, Wallach, Asch and Williams, JJ.