From Casetext: Smarter Legal Research

In re of Desiree L.T. Little Flower Children's

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 2004
11 A.D.3d 703 (N.Y. App. Div. 2004)

Opinion

2003-08795

October 25, 2004.

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the father appeals from an order of disposition of the Family Court, Kings County (Turbow, J.), dated August 11, 2003, which, inter alia, denied his motion to vacate his default in appearing at the fact-finding hearing, and after a dispositional hearing, terminated his parental rights and transferred guardianship and custody of the subject child to the petitioner and the Commissioner of Social Services of the City of New York for the purpose of adoption.

Before: H. Miller, J.P., S. Miller, Krausman and Goldstein, JJ., concur.


Ordered that the order of disposition is affirmed, without costs or disbursements.

The Family Court properly denied the appellant's motion to vacate his default in appearing at the fact-finding hearing on the ground that he did not have a meritorious defense to the petition ( see CPLR 5015 [a] [1]; Matter of Aaron R., 282 AD2d 464). The evidence adduced at the dispositional hearing established that it would be in the child's best interests to terminate the father's parental rights and transfer custody and guardianship of the child to the petitioner and the Commissioner of Social Services of the City of New York for the purpose of adoption ( see Matter of Ernesto Thomas A., 5 AD3d 380).


Summaries of

In re of Desiree L.T. Little Flower Children's

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 2004
11 A.D.3d 703 (N.Y. App. Div. 2004)
Case details for

In re of Desiree L.T. Little Flower Children's

Case Details

Full title:In the Matter of DESIREE L.T. LITTLE FLOWER CHILDREN'S SERVICES et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 25, 2004

Citations

11 A.D.3d 703 (N.Y. App. Div. 2004)
783 N.Y.S.2d 291

Citing Cases

Char. Coat. v. Gre. Lee

The determination of whether to relieve a party of an order entered upon his or her default is within the…