In re Kristen Simone V.
Matter of Kristen
Simone V. v Danyel J.
2006 NY Slip Op
04332
Decided on
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
Mazzarelli, J.P., Andrias, Saxe, Williams, Malone,
JJ.
8666- 8666A
[*1]In re Kristen Simone V., A Child Under the Age of
Eighteen Years, etc.,
and
Danyel J., also known as Danielle J., Respondent-Appellant, Lakeside
Family and Children's Services, Petitioner-Respondent. George E. Reed, Jr.,
Order, Family Court, Bronx County (Clarke V. Richardson,
J.), entered on or about July 15, 2004, which denied respondent mother's motion
to vacate an earlier order, after a fact-finding determination of permanent
neglect, terminating her parental rights to the subject child and committing
custody and guardianship to petitioner agency and the Commissioner of Social
Services of the City of New York for the purpose of adoption, unanimously
affirmed, without costs. Appeal from the earlier order, same court and Judge,
entered on or about May 20, 2004, unanimously dismissed, without costs, as
taken from a
nonappealable
paper entered on respondent's default.
Respondent demonstrated neither a reasonable excuse nor a
meritorious defense in support of her motion to vacate defaults at both the
fact-finding and dispositional hearings (see Matter of "Male" Jones,
128 AD2d 403 [1987]). The agency made the case, not refuted by respondent, that
termination of parental rights was in the child's best interests (see Matter of
Danielle T., 242 AD2d 488 [1997], lv dismissed 92
NY2d 876 [1998]). In light of respondent's chronic failure to appear in court,
Family Court properly went forward with the permanent neglect proceeding in her
absence (see Matter of Geraldine Rose W., 196 AD2d 313, 316-317 [1994]; see
also Matter of James Carton K., 245 AD2d 374 [1997], lv
denied 91 NY2d 809 [1998]). On the merits, clear and convincing evidence
supports the court's finding that despite [*2]the
agency's diligent efforts, respondent permanently neglected her child.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED:
CLERK