Legal Opinion

In re Giovanni Maurice D.

Appellate Division of the Supreme Court of the State of New York

Decided October 25, 2012Published

1Opinion of the Court

Family Court properly exercised its discretion in denying respondent’s motion to vacate the orders terminating his parental rights and freeing the child for adoption upon his default because his moving papers failed to demonstrate a reasonable excuse for his absence from the court’s proceedings on January 19, 2011 and January 25, 2011, and a meritorious defense to the permanent neglect allegation (see Matter of Octavia Loretta R. [Randy McN. — Keisha W.], 93 AD3d 537, 538 [1st Dept 2012]).

Respondent’s assertion that he missed the January 19 hearing because he was confused as to the proper…

2Cases cited3 opinions

  1. In re Gloria Marie S.Appellate Division of the Supreme Court of the State of New York · 2008
  2. In re Dominique Beyonce R.Appellate Division of the Supreme Court of the State of New York · 2011
  3. In re Octavia Loretta R.Appellate Division of the Supreme Court of the State of New York · 2012

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