Appellate Division of the Supreme Court of New York, 2012

In re Tyieyanna L.

Appellate Division of the Supreme Court of New York · Decided April 10, 2012

94 A.D.3d 494; 941 N.Y.S.2d 498

Cases that cite this one

12 later published cases cite this decision.

In re Nasir Levon L. (Appellate Division of the Supreme Court of New York 2013)
In re Nasir Levon L. (Appellate Division of the Supreme Court of New York 2013)
Matter of Qwin L. X. P. (Leonard P.) (Appellate Division of the Supreme Court of New York 2018)
Matter of Tyrone F. v. Mariah O. (Appellate Division of the Supreme Court of New York 2018)
Matter of Christina McK. v. Kyle S. (Appellate Division of the Supreme Court of New York 2017)
Matter of Raymond C. M. (Appellate Division of the Supreme Court of New York 2015)
Tony's Towing Service, Inc. v. Swarts (Appellate Division of the Supreme Court of New York 2013)
Tony's Towing Service, Inc. v. Swarts (Appellate Division of the Supreme Court of New York 2013)
In re Diamond Lee P. (Appellate Division of the Supreme Court of New York 2012)
In re Diamond Lee P. (Appellate Division of the Supreme Court of New York 2012)
Commissioner of Social Services v. Kastriot D. (Appellate Division of the Supreme Court of New York 2012)
Commissioner of Social Services v. Kastriot D. (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

Order, Family Court, New York County (Jody Adams, J.), entered on or about March 8, 2011, which denied respondent mother’s motion to vacate orders of disposition, same court and Judge, entered on or about July 14, 2010, upon her default, which, upon findings of permanent neglect, terminated her parental rights to the subject children and committed the custody and guardianship of the children to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

Respondent failed to demonstrate a reasonable excuse for her default and a meritorious defense to the petition (see CFLR 5015 [a] [1]; Matter of Calvin S., 47 AD3d 491 [2008]; Matter of Jones, 128 AD2d 403 [1987]). She submitted an affidavit explaining that she had a severe toothache on the day of the hearing and a letter from her dentist stating that she was in his office on that day and was referred to an oral surgeon. However, she failed to notify her counsel, the court, or the agency in advance that she would not appear at the hearings, although her condition did not prevent her from doing so (see Matter of Amirah Nicole A. [Tamika R.], 73 AD3d 428 [2010], lv dismissed 15 NY3d 766 [2010]; Matter of Ciara Lee C. [Lourdes R.], 67 AD3d 437 [2009], lv dismissed 14 NY3d 756 [2010]).

*495There is no evidence that respondent completed the programs called for in her plan within the relevant one-year period so as to demonstrate a meritorious defense to the allegations of permanent neglect (see Matter of Gloria Marie S., 55 AD3d 320, 321 [2008], lv dismissed 11 NY3d 909 [2009]). Her incarceration during that period did not excuse her from the requirement that she realistically plan for her children’s future (see Matter of Jayson M., 177 AD2d 396 [1991]). Concur — Andrias, J.E, Friedman, Acosta, Freedman and Richter, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.