Legal Opinion

In re Calvin S.

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

Decided January 17, 2008PublishedCited by 4 opinions

1Opinion of the Court

—Order, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about September 12, 2005, which denied respondent mother’s motion to vacate default in the termination of her parental rights, unanimously affirmed, without costs.

It is well settled that a parent seeking to vacate a default in a proceeding to terminate her parental rights must establish a reasonable excuse for the default as well as a meritorious defense to the proceeding (Matter of Simon J., 40 AD3d 317 [2007]; see also Matter of Laura Mariela R., 302 AD2d 300 [2003]), and that determination is a matter left to the sound…

2Cases cited3 opinions

  1. In re Joei R.Appellate Division of the Supreme Court of the State of New York · 2003
  2. In re Laura Mariela R.Appellate Division of the Supreme Court of the State of New York · 2003
  3. In re Simon J.Appellate Division of the Supreme Court of the State of New York · 2007

3Cited by4 opinions

  1. In re Nicole A.Appellate Division of the Supreme Court of the State of New York · 2010
  2. In re Tyieyanna L.Appellate Division of the Supreme Court of the State of New York · 2012
  3. Azmara N.G. v. Jessica Stephanie S.Appellate Division of the Supreme Court of the State of New York · 2013
  4. Azmara N.G. v. Jessica Stephanie S.Appellate Division of the Supreme Court of the State of New York · 2013

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