Legal Opinion

In re Brittany Annette M.

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

Decided October 6, 2011Published

1Opinion of the Court

The mother’s motion to vacate her default was properly denied because she failed to present a reasonable excuse for her failure to appear for the fact-finding and dispositional hearings and a meritorious defense to the petition to terminate her parental rights (see Matter of Gloria Marie S., 55 AD3d 320 [2008], lv dismissed 11 NY3d 909 [2009]; Matter of Kristen Simone V., 30 AD3d 174 [2006]). The mother did not present an affidavit in support of her claimed excuses for failing to appear for the hearings, after a pattern of missing prior court appearances, nor did she present any evidence to…

2Cases cited2 opinions

  1. In re Gloria Marie S.Appellate Division of the Supreme Court of the State of New York · 2008
  2. In re Kristen Simone V.Appellate Division of the Supreme Court of the State of New York · 2006

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