Legal Opinion

In re Niaja A.W.

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

Decided November 28, 2012Published

1Opinion of the Court

In a proceeding pursuant to Social Services Law § 384-b to *1010terminate parental rights, the mother appeals from an order of the Family Court, Kings County (Danoff, J.), dated October 11, 2011, which denied her motion, in effect, to vacate her default in appearing at the fact-finding hearing and dispositional hearing.

Ordered that the order is affirmed, without costs or disbursements.

A parent seeking to vacate a default in a proceeding for the termination of parental rights must establish a reasonable excuse for the default, as well as a potentially meritorious defense (see CPLR 5015 [a] [1];…

2Cases cited4 opinions

  1. In re Alexis R.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Kenneth S. v. Bethzaida P.Appellate Division of the Supreme Court of the State of New York · 2012
  3. In re Joseph N.Appellate Division of the Supreme Court of the State of New York · 2007
  4. In re Michael William O.Appellate Division of the Supreme Court of the State of New York · 2005

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