In re Donald LL.
Opinion of the Court
Appeal from an order of the Family Court of Otsego County (Nydam, J.), entered October 14, 1993, which granted petitioner’s application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate Donald LL. a permanently neglected child, and terminated respondent’s parental rights.
Petitioner commenced this proceeding in July 1992 seeking, inter alia, to have Donald LL. (born in Aug. 1988) adjudicated a permanently neglected child. Neither respondent nor Donald’s father appeared at the September 1992 hearing scheduled in this matter; Family Court deemed respondent and the child’s father to be in default and the matter was adjourned. Thereafter, in January 1993, respondent appeared before Family Court and indicated that she wished to be relieved of her default. Family Court appointed counsel and respondent subsequently moved by order to show cause to open the default and proceed with a hearing on the underlying petition.
Respondent, as so limited by her brief, contends that Family Court abused its discretion in denying her application to vacate her default. We cannot agree. In order to vacate the default, respondent was required to demonstrate both a reasonable excuse for the default and a meritorious defense (see, Matter of Linday E., 177 AD2d 276). This respondent failed to do. Although respondent averred that she did not appear at
Mikoll, J. P., White, Casey and Peters, JJ., concur. Ordered that the order is affirmed, without costs.
As of January 1993, no fact-finding hearing had been conducted. Additionally, at some point prior to this date, Family Court opened the default with respect to Donald’s father and permitted him to answer the petition and appear in this matter.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.