Won Affirmance On Behalf Of The Child To Order Denying Mother’s Motion To Vacate Her Default Of Order Terminating Her Parental Rights.

Matter of Stephen Daniel A. (Sandra M.-A.), 122 AD3d 837 (2nd Dept 2014)

In this proceeding for the termination of parental rights where I represented the child on appeal, the Second Department accepted my argument Family Court providently exercised its discretion in denying the mother’s motion to vacate her default in appearing at the fact-finding hearing.  The Court accepted my argument that the mother failed to present a reasonable excuse, as the record reflects that, although the door to the courtroom where the hearing was conducted may have been inadvertently locked when the mother first arrived, she was advised by cell phone shortly thereafter by her legal representative that the door was unlocked, and that she should “come back now” for the hearing.

http://www.nycourts.gov/reporter/3dseries/2014/2014_08010.htm