Won affirmance on behalf of the children of order denying mother’s motion to vacate her default of an order terminating her parental rights.
Matter of Serenity Victoria M. (Allison B.), 150 AD3d 486 (1st Dept 2017)
In this termination of parental rights proceeding where I represented the children, the First Department accepted my argument Family Court providently exercised its discretion in denying the mother’s motion to vacate her default since she failed to demonstrate a reasonable excuse for her absences from the proceedings despite numerous adjournments. The Court further accepted my argument that even though it was not necessary to reach the issue of meritorious defense, Family Court properly found that the mother failed to demonstrate a meritorious defense, since she did not refute the expert medical evidence establishing that, because of her mental illness, she was presently and for the foreseeable future unable to provide proper and adequate care for the subject children (see Social Services Law § 384-b  [c]).