In re James R.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion granted and orders of disposition vacated. Memorandum: Family Court abused its discretion in denying the motion of petitioner to vacate the orders of disposition entered against her upon her default. Those orders terminated the parental rights of petitioner with respect to her four children on the ground of permanent neglect.
Ordinarily, a party seeking to vacate a default must show that there is a reasonable excuse for the default and a meritorious defense (see, Matter of Naajila J., 235 AD2d 540; Matter of Little Flower Children’s…
2Cases cited11 opinions
- People v. BaldiNew York Court of Appeals · 1981
- In re JonesAppellate Division of the Supreme Court of the State of New York · 1987
- In re Matthew C.Appellate Division of the Supreme Court of the State of New York · 1996
- In re Erin G.Appellate Division of the Supreme Court of the State of New York · 1988
- De Vivo v. BurrellAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by12 opinions
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- In re Cleveland W.Appellate Division of the Supreme Court of the State of New York · 1998
- In re Sarah A.Appellate Division of the Supreme Court of the State of New York · 2009
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