In re Prince CC.
Opinion of the Court
Appeal from an order of the Family Court of Albany County (Maney, J.), entered September 30, 2008, which, in a proceeding pursuant to Social Services Law § 384-b, denied respondent’s motion to vacate a default order entered against him terminating his parental rights.
In 2005, petitioner removed respondent’s three children from the custody of their mother, who later surrendered her parental rights. In 2006, based upon respondent’s lack of contact with the children, their service providers and petitioner for more than six months, petitioner commenced this proceeding to terminate his parental rights (see Social Services Law § 384-b [4] [b]). A fact-finding hearing was held and, based on respondent’s admissions, Family Court found that he had abandoned the children and scheduled a dispositional hearing. After respondent failed to appear at that hearing and neither the court nor his counsel had heard from him, Family Court issued an order of disposition which terminated his parental rights, continued the children in foster care and freed them for adoption. Nine months later, respondent moved to vacate that order. Family Court denied his motion, prompting this appeal.
We affirm. To vacate his default, respondent was required to demonstrate both a reasonable excuse for his failure to appear at the dispositional hearing and a meritorious defense to
Spain, J.P, Lahtinen, Malone Jr. and Kavanagh, JJ., concur. Ordered that the order is affirmed, without costs.
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