Matter of Ronald Kendell G. (Janet G.)

Summary

The Appellate Division, First Department affirmed the denial of a mother's motion to vacate her default in a permanent neglect proceeding. The court held that she failed to provide a reasonable excuse for her nonappearance or establish a meritorious defense, and that the evidence supported termination of her parental rights as being in the children's best interests.

Holdings

1. Family Court providently exercised its discretion in denying the mother's motion to vacate the default because she failed to establish a reasonable excuse for her failure to attend the hearing.
2. The mother failed to establish a meritorious defense to the allegations of permanent neglect.
3. The preponderance of the evidence supported the finding that termination of the mother's parental rights was in the children's best interests.

Questions Presented

1. Whether Family Court providently exercised its discretion in denying the mother's motion to vacate the default entered in the permanent-neglect proceeding.
2. Whether the mother established a reasonable excuse for her failure to appear.
3. Whether the mother established a meritorious defense to the allegations of permanent neglect.
4. Whether the preponderance of the evidence supported termination of the mother's parental rights as being in the children's best interests.

Disposition

affirmed