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Matter of Irvin R

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 1999
257 A.D.2d 624 (N.Y. App. Div. 1999)

Opinion

January 19, 1999.

Appeals from the Family Court, Kings County (Bogacz, J.).


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.


Summaries of

Matter of Irvin R

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 1999
257 A.D.2d 624 (N.Y. App. Div. 1999)
Case details for

Matter of Irvin R

Case Details

Full title:IN THE MATTER OF IRVIN R., Also Known as ERVEN R., Also Known as WALTER…

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

Date published: Jan 19, 1999

Citations

257 A.D.2d 624 (N.Y. App. Div. 1999)
684 N.Y.S.2d 255

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