In re Ziemel Jamek-Sha S.
Opinion of the Court
In three related proceedings pursuant to Social Services Law § 384-b to terminate the mother’s parental rights on the ground that she is presently and for the foreseeable future unable, by reason of mental retardation, to provide proper and adequate care for the subject children, the mother appeals from an order of the Family Court, Kings County (Elkins, J.), dated October 17, 2001, which denied her motion to vacate her default in appearing at the dispositional hearing.
Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, and the matter is remitted to the Family Court, Kings County, for a new dispositional hearing.
To vacate her default in appearing for the dispositional hearing, the appellant was required to demonstrate that there was a reasonable excuse for her default and a meritorious defense (see Matter of Glenna Arianna Patricia J-P., 303 AD2d 588
Case-law data current through December 31, 2025. Source: CourtListener bulk data.