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Matter of Dominique

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1994
209 A.D.2d 410 (N.Y. App. Div. 1994)

Opinion

November 7, 1994

Appeal from the Family Court, Kings County (Yancey, J.).


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

The appellant failed to meet the requirement of CPLR 5015 (a) that she provide a reasonable excuse for her failure to appear on the day of the inquest and dispositional hearing, and demonstrate a meritorious defense to the proceeding (see, Matter of Raymond Anthony A., 192 A.D.2d 529; Matter of Shirley C., 145 A.D.2d 631; see generally, Matter of Geraldine Rose W., 196 A.D.2d 313, 316). Although the appellant claimed to have been waiting to see her boyfriend, who was in the infirmary at the Brooklyn House of Detention approximately three blocks from the Family Court, at the time the hearing was scheduled, she failed to explain why she never notified the court or her attorney of her predicament (see, Matter of Raymond Anthony A., supra, at 529). Moreover, her affidavit stated facts and conclusory assertions which were insufficient to support a meritorious defense (see, e.g., Matter of Raymond Anthony A., supra; Matter of Shirley C., supra; Matter of Nathalie A., 145 A.D.2d 629; Matter of "Male" Jones, 128 A.D.2d 403). Accordingly, the Family Court properly denied her motion to vacate the orders of disposition. Thompson, J.P., Balletta, Rosenblatt and Florio, JJ., concur.


Summaries of

Matter of Dominique

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1994
209 A.D.2d 410 (N.Y. App. Div. 1994)
Case details for

Matter of Dominique

Case Details

Full title:In the Matter of JAZEL DOMINIQUE D., Also Known as GISELLE D., and Others…

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

Date published: Nov 7, 1994

Citations

209 A.D.2d 410 (N.Y. App. Div. 1994)
618 N.Y.S.2d 419

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