In re Julian Michael
G.
Matter of Matter of Julian Michael G. (Jeannette G.)
2012
NY Slip Op 02807
Decided
on April 17, 2012
Appellate
Division, First Department
Published
by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This
opinion is uncorrected and subject to revision before publication in the
Official Reports.
Decided
on April 17, 2012
Tom, J.P., Catterson, Richter, Abdus-Salaam, Román, JJ.
[*1]7405
In re Julian Michael G., and Others, Dependent Children Under the Age of
Eighteen Years, etc.,
and
Jeannette G., Respondent-Appellant,
Saint Dominic's Home, et al., Petitioners-Respondents.
Steven
N. Feinman,
Warren
& Warren, P.C.,
respondents.
Tamara
A. Steckler, The Legal Aid
Society,
Egger
of counsel), attorney for the children Marcus Issaiah
M.,
Julian
Michael G., and Matthew Jimmy M.
George
E. Reed, Jr.,
Elijah
M.
Order,
Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about April 7,
2011, which denied respondent mother's motion to vacate dispositional orders,
same court and Justice, entered on or about March 19, 2010 and September 8,
2010, which, upon her default in appearing at the fact-finding and
dispositional hearings, found that she had permanently neglected the subject
children, terminated her parental rights and committed the custody and
guardianship of the children to petitioner and the Commissioner of the
Administration for Children's Services for the purpose of adoption, unanimously
affirmed, without costs.
Respondent
failed to present a reasonable excuse for her failure to appear at the
fact-finding and dispositional hearings, and she failed to present a
meritorious defense to the allegations of permanent neglect (see Matter of Evan
Matthew A. [Jocelyn Yvette A.], 91 AD3d 538, 539 [2012]). Respondent's
purported excuses of depression and eviction were properly rejected, since she
failed to provide any documentation to substantiate her claims. She also did
not explain why she was unable to contact the court or her attorney to advise of her inability to attend the hearings or to learn
of the status of the pending proceedings (id.). Respondent's partial compliance
with the requisite service plan was insufficient to establish a meritorious
defense (see Matter of Shavenon N. [Miledy L.N.], 71 AD3d 401, 402 [2010]; Matter of Hadiyyah J.M. [Fatima D.R.], 91 AD3d 874, 875 [2012]).
Indeed, respondent failed to complete drug treatment and anger management
programs, and she failed to obtain domestic violence counseling and individual
therapy (see Matter of Simon J., 40 AD3d 317, 318 [2007]). A preponderance of
the [*2]evidence also established that it was in the subject children's best
interests to terminate respondent's parental rights so as to free the children
for adoption by their respective foster parents (id.).
THIS
CONSTITUTES THE DECISION AND ORDER
OF
THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED:
APRIL 17, 2012
CLERK