Appellate Division of the Supreme Court of New York, 2011

In re Isaac Howard M.

Appellate Division of the Supreme Court of New York · Decided December 20, 2011

90 A.D.3d 559; 936 N.Y.2d 11

Cases that cite this one

2 later published cases cite this decision.

T.S. v. E.L. (NYC Family Court 2015)
In re Octavia Loretta R. (Appellate Division of the Supreme Court of New York 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The court had discretion to deny the mother’s request to ad*560journ the fact-finding hearing where her nonappearance was not explained (Family Ct Act § 1048 [a]; see Matter of Doran J., 266 AD2d 99 [1999]).

The mother’s motion to vacate her default was properly denied where she did not provide either a reasonable excuse for her nonappearance or demonstrate a meritorious defense (see Matter of Amirah Nicole A. [Tamika R], 73 AD3d 428, 428-429 [2010], lv dismissed 15 NY3d 766 [2010]). The mother’s claim that she lacked money for transportation does not explain why she failed to notify either the court or her attorney that she could not appear. Moreover, she elected to schedule an appointment for services at the same date and time as the court proceeding. The mother also did not demonstrate that four years after placement, she had completed a drug treatment program or a mental health evaluation. Concur — Saxe, J.E, Catterson, Moskowitz, Acosta and Renwick, JJ.

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