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Matter of Willie James Scott R

Appellate Division of the Supreme Court of New York, First Department
Oct 5, 1999
265 A.D.2d 153 (N.Y. App. Div. 1999)

Opinion

October 5, 1999

Order, Family Court, New York County (Rhoda Cohen, J.), entered on or about March 25, 1997, denying appellant's motion to vacate her default at the fact-finding and dispositional hearings that resulted in the termination of her parental rights on a finding of permanent neglect and in a determination that it was in the best interests of the subject children that they be freed for adoption, unanimously affirmed, without costs.


Vacatur of appellant's default at the fact-finding and dispositional hearings was properly denied both for her failure to demonstrate a reasonable excuse for her nonappearance and, more significantly, for her failure to demonstrate a meritorious defense to the finding of permanent neglect or the finding that termination was in the best interests of the children. Her mere submission of a general denial to the termination petitions did not suffice to show that she possessed a meritorious defense (see, Matter of Derrick T., 261 A.D.2d 108, 687 N.Y.S.2d 260; Matter of Edward M., 250 A.D.2d 685).

Concur — SULLIVAN, J.P., WILLIAMS, WALLACH, LERNER, FRIEDMAN, JJ.


Summaries of

Matter of Willie James Scott R

Appellate Division of the Supreme Court of New York, First Department
Oct 5, 1999
265 A.D.2d 153 (N.Y. App. Div. 1999)
Case details for

Matter of Willie James Scott R

Case Details

Full title:In Matter of WILLIE JAMES SCOTT R., etc., et al., Dependent Children Under…

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

Date published: Oct 5, 1999

Citations

265 A.D.2d 153 (N.Y. App. Div. 1999)
695 N.Y.S.2d 358