Matter of Stephanie F. (Francy Javier A.)

Order, Family Court, Bronx County (Robert Hettleman, J.), entered on or about November 20, 2014, which denied respondent’s motion to vacate an order of fact-finding and disposition entered upon his default, unanimously affirmed, without costs.

Even if the Family Court should have considered respondent’s motion under Family Court Act § 1042, as opposed to CPLR 5015 (a) (1), it properly denied the motion because respondent failed to present a meritorious defense to the abuse petition (see Family Ct Act § 1042; see also Matter of Rodney W. v Josephine F., 126 AD3d 605, 606 [1st Dept 2015], lv…