Legal Opinion

In re Isaac Howard M.

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

Decided December 20, 2011PublishedCited by 2 opinions

1Opinion of the Court

The court had discretion to deny the mother’s request to ad*560journ the fact-finding hearing where her nonappearance was not explained (Family Ct Act § 1048 [a]; see Matter of Doran J., 266 AD2d 99 [1999]).

The mother’s motion to vacate her default was properly denied where she did not provide either a reasonable excuse for her nonappearance or demonstrate a meritorious defense (see Matter of Amirah Nicole A. [Tamika R], 73 AD3d 428, 428-429 [2010], lv dismissed 15 NY3d 766 [2010]). The mother’s claim that she lacked money for transportation does not explain why she failed to notify either the…

2Cases cited2 opinions

  1. In re Nicole A.Appellate Division of the Supreme Court of the State of New York · 2010
  2. In re Doran J.Appellate Division of the Supreme Court of the State of New York · 1999

3Cited by2 opinions

  1. In re Octavia Loretta R.Appellate Division of the Supreme Court of the State of New York · 2012
  2. T.S. v. E.L.New York City Family Court · 2015

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