Matter of Vanessa F.
| Decision Date | 26 July 2004 |
| Docket Number | 2003-03361. |
| Citation | 9 A.D.3d 464,2004 NY Slip Op 06208,779 N.Y.S.2d 917 |
| Parties | In the Matter Of VANESSA F. EDWARD GOULD SERVICES FOR CHILDREN & FAMILIES, Respondent; VANESSA F., Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order of fact-finding and disposition is affirmed, without costs or disbursements.
The order of fact-finding and disposition was entered upon the mother's alleged default in appearing at the fact-finding and dispositional hearings. However, the order dated June 28, 2002, is brought up for review on the appeal from the order of factfinding and disposition (see CPLR 5501 [a] [1]; Matter of Aho, 39 NY2d 241, 248 [1976]). "Appellate review is not precluded because the mother may obtain review of `matters which were the subject of contest below'" (Matter of Daquan Malik B., 6 AD3d 428 [2004], quoting James v Powell, 19 NY2d 249, 256 n 3 [1967]; Matter of Kindra B., 296 AD2d 456, 457 [2002]).
The determination of whether to relieve a party of an order entered upon his or her default is within the sound discretion of the Family Court (see Matter of Samaria Ann B., 293 AD2d 532 [2002]; Matter of Latisha I., 238 AD2d 340 [1997]). A party seeking to vacate such an order must establish that there was a reasonable excuse for the default and a meritorious defense (see CPLR 5015 [a] [1]; Matter of Daquan Malik B., supra; Matter of Tiffany L., 294 AD2d 365, 366 [2002]). We agree with the Family Court that the mother's conclusory, unsupported allegations failed to demonstrate either of these requisite elements (see Matter of Glenna Artanna Patricia J-P., 303 AD2d 588 [2003]; Matter of James Edward M., III, 250 AD2d 685 [1998]).
The mother's due process and equal protection claims are unpreserved for appellate review (see Matter of Female D.,...
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