In re Gloria Marie S., 55 A.D.3d 320 (N.Y. App. Div. 2008). · Go Syfert
In re Gloria Marie S., 55 A.D.3d 320 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Selah J. S. (nyappdiv, 2024-02-29)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Selah J. S.
N.Y. App. Div. · 2024 · confidence medium
The record contains no evidence substantiating the mother's assertion that she could not appear for the fact-finding hearing, of which she concededly had notice, because the battery of her newly purchased cellphone died, and this excuse is therefore insufficient as a reasonable excuse for vacating a default ( see Matter of Gloria Marie S. , 55 AD3d 320, 320 [1st Dept 2008], lv dismissed 11 NY3d 909 [2009]).
discussed Cited as authority (rule) Matter of Selah J. S.
N.Y. App. Div. · 2024 · confidence medium
The record contains no evidence substantiating the mother's assertion that she could not appear for the fact-finding hearing, of which she concededly had notice, because the battery of her newly purchased cellphone died, and this excuse is therefore insufficient as a reasonable excuse for vacating a default ( see Matter of Gloria Marie S. , 55 AD3d 320, 320 [1st Dept 2008], lv dismissed 11 NY3d 909 [2009]).
discussed Cited as authority (rule) Matter of Tyrone F. v. Mariah O.
N.Y. App. Div. · 2018 · confidence medium
The mother's claim that she missed the January 30, 2017 hearing because she lacked the funds for travel from Georgia to the Bronx was unsubstantiated and therefore insufficient as a reasonable excuse for vacating her default ( see Matter of Gloria Marie S. , 55 AD3d 320, 320 [1st Dept 2008], lv dismissed 11 NY3d 909 [2009]).
discussed Cited as authority (rule) Matter of Matthew C. v. Robin B.
N.Y. App. Div. · 2018 · confidence medium
We note in any event that respondent's claims that the child had spent most of her life with respondent, had more closely bonded with her than with petitioner, and wished to live with her, and that the child was struggling in school in New York City were unsubstantiated ( see Matter of Gloria Marie S. , 55 AD3d 320, 321 [1st Dept 2008], lv dismissed 11 NY3d 909 [2009]; and see Matter of Christian E. , 66 AD3d 433 [1st Dept 2009]).
discussed Cited as authority (rule) Matter of Clarence D.H. (Fidelina A.)
N.Y. App. Div. · 2017 · confidence medium
Contrary to the mother’s contention, she failed to provide a reasonable excuse for her default (see Matter of Barack Darnell B. [Chera B.], 133 AD3d 529 [2015]; Matter of Deyquan M.B. [Lashon H.], 124 AD3d 644, 645 [2015]; Matter of Gloria Marie S., 55 AD3d 320, 320-321 [2008]; Matter of Fa’Shon S., 40 AD3d 863 [2007]; Matter of Devon Dupree F, 298 AD2d 103, 103 [2002]).
discussed Cited as authority (rule) Matter of Barack Darnell B. (Chera B.)
N.Y. App. Div. · 2015 · confidence medium
The mother had abandoned the child and had four children previously removed from her care, and she failed to substantiate her assertions that she had completed a drug treatment program, had begun a domestic violence program, and had been participating in supervised visits with the child (Matter of Gloria Marie S., 55 AD3d 320, 321 [1st Dept 2008], lv dismissed 11 NY3d 909 [2009]).
discussed Cited as authority (rule) Matter of Stephanie F. (Francy Javier A.)
N.Y. App. Div. · 2015 · confidence medium
This is insufficient to establish a meritorious defense (see Matter of Cain Keel L. [Derzerina L.], 78 AD3d 541, 542 [1st Dept 2010], lv dismissed 16 NY3d 818 [2011]; Matter of Gloria Marie S., 55 AD3d 320, 321 [1st Dept 2008], lv dismissed 11 NY3d 909 [2009]).
discussed Cited as authority (rule) In re Michael N.
N.Y. App. Div. · 2013 · confidence medium
Their bare assertions that their respective attorneys would have presented evidence countering the allegations of permanent neglect were insufficient to establish a meritorious defense (see Matter of Gloria Marie S., 55 AD3d 320, 321 [1st Dept 2008], lv dismissed 11 NY3d 909 [2009]).
discussed Cited as authority (rule) In re Michael N.
N.Y. App. Div. · 2013 · confidence medium
Their bare assertions that their respective attorneys would have presented evidence countering the allegations of permanent neglect were insufficient to establish a meritorious defense (see Matter of Gloria Marie S., 55 AD3d 320, 321 [1st Dept 2008], lv dismissed 11 NY3d 909 [2009]).
discussed Cited as authority (rule) In re Anastashia S.
N.Y. App. Div. · 2012 · confidence medium
In addition, the mother’s unsubstantiated and conclusory assertion of partial compliance with the prior dispositional order is insufficient to establish a meritorious defense to the petition (see Matter of Gloria Marie S., 55 AD3d 320, 321 [2008], lv dismissed 11 NY3d 909 [2009]; see also Matter of Kenneth L. [Michelle B.], 92 AD3d 1245, 1247 [2012]; Matter of Alexis C.R. [Victor C.], 71 AD3d 1511 [2010], lv dismissed 14 NY3d 922 [2010]).
discussed Cited as authority (rule) In re Anastashia S.
N.Y. App. Div. · 2012 · confidence medium
In addition, the mother’s unsubstantiated and conclusory assertion of partial compliance with the prior dispositional order is insufficient to establish a meritorious defense to the petition (see Matter of Gloria Marie S., 55 AD3d 320, 321 [2008], lv dismissed 11 NY3d 909 [2009]; see also Matter of Kenneth L. [Michelle B.], 92 AD3d 1245, 1247 [2012]; Matter of Alexis C.R. [Victor C.], 71 AD3d 1511 [2010], lv dismissed 14 NY3d 922 [2010]).
discussed Cited as authority (rule) In re Tyieyanna L.
N.Y. App. Div. · 2012 · confidence medium
There is no evidence that respondent completed the programs called for in her plan within the relevant one-year period so as to demonstrate a meritorious defense to the allegations of permanent neglect (see Matter of Gloria Marie S., 55 AD3d 320, 321 [2008], lv dismissed 11 NY3d 909 [2009]).
discussed Cited as authority (rule) In re Cain Keel L.
N.Y. App. Div. · 2010 · confidence medium
Moreover, counsel’s bare assertion that as her attorney he would have had the opportunity to cross-examine the agency’s witnesses and would have presented evidence countering the allegations of abandonment are insufficient to establish a meritorious defense (see Matter of Gloria Marie S., 55 AD3d 320, 321 [2008], lv dismissed 11 NY3d 909 [2009]).
discussed Cited as authority (rule) In re Prince CC.
N.Y. App. Div. · 2009 · confidence medium
Finally, given respondent’s extended abandonment of the children, his allegations of recent rehabilitative efforts do not constitute a meritorious defense to the termination of his parental rights (see Matter of Gloria Marie S., 55 AD3d 320, 321 [2008], lv dismissed 11 NY3d 909 [2009]; Matter of Adam S., 287 AD2d 723, 724 [2001]; Matter of Raymond Anthony A., 192 AD2d 529, 529 [1993], lv dismissed 82 NY2d 706 [1993]).
cited Cited as authority (rule) In re Christian E.
N.Y. App. Div. · 2009 · confidence medium
Matter of Gloria Marie S., 55 AD3d 320, 321 [2008], lv dismissed 11 NY3d 909 [2009]; Jones, 128 AD2d at 404 ).
Retrieving the full opinion text from the archive…
In the Matter of Gloria Marie S. and Another, Children Alleged to be Abandoned. Alex S., Appellant Leake & Watts Services, Inc.
Appellate Division of the Supreme Court of the State of New York.
Oct 7, 2008.
55 A.D.3d 320
Cited by 28 opinions  |  Published

Orders, Family Court, Bronx County (Allen Alpert, J), entered on or about May 2, 2007, which denied respondent father Alex S.’s motion to vacate a prior dispositional order entered on or about July 11, 2006, which, upon his default in appearing at the underlying fact-finding and dispositional hearings, terminated his parental rights to the subject children on the ground of abandonment and committed their custody to petitioner and the Commissioner of the Administration for Children’s Services for the purpose of adoption, unanimously affirmed, without costs.

Appellant’s motion to vacate his default was properly denied because he failed to present a reasonable excuse for his failure to appear for the fact-finding and dispositional hearings and a meritorious defense to the petition to terminate his parental rights (Matter of Robert B. v Tina Q., 40 AD3d 473 [2007]). The proffered excuse was that he had also missed a prior appearance on May 2, 2006, at which the July 11 date was set, and neither his attorney nor the court notified him of the adjourned date. His reason for failing to attend the May 2 court date, of which he concededly had notice—lack of funds for travel from Brooklyn to the Bronx—is unsubstantiated and thus insufficient as a reasonable excuse for vacating a default (Matter of Cornelius G., 2 AD3d 283 [2003], lv dismissed 2 NY3d 759 [2004]). Even if lack of funds had been the true reason for his failure to appear on May 2, 2006, he provided no reason why he did not advise either his lawyer, the court or the petitioning agency of his inability to attend (see Matter of Damian Richard A., 49 AD3d 458 [2008]). Appellant’s additional contentions that his attorney lost contact with him following the May 2 court date and thus was unable to notify him of the July 11 adjournment[*321] date, that he was homeless as of May 2006, and that because he had received a slip from the court notifying him of an appearance date in the related neglect proceeding scheduled for July 27, 2006, he assumed that the next court date for the termination proceeding would be that date as well, are equally unpersuasive.

Assuming appellant had offered a reasonable excuse for his failure to attend the July 11, 2006 proceedings, he nonetheless failed to make the requisite showing that he possessed a meritorious defense to warrant vacatur of his default. His affidavit in support of vacatur instead contains generalized and conclusory statements to the effect that he has “never abandoned [his] children,” that he has been “trying to do what was asked of’ him by petitioner “from the time [his] children were placed” in the agency’s care, that he has “attended therapy [and] parenting skills” classes, and that he has “visited [his] children whenever possible,” even though the agency’s “caseworkers made it clear to [him] that they did not want [him] to attend visits at the agency . . . treating him] with contempt whenever [he] saw them.” These bare allegations, devoid of any detail or substantiation, are insufficient to establish a meritorious defense to the allegation of abandonment (see Matter of Violet Crystal F., 270 AD2d 163 [2000]; see generally Peacock v Kalikow, 239 AD2d 188, 190 [1997]). In contrast, the evidence adduced at the fact-finding hearing demonstrated that appellant’s three contacts with the children within the six-month period preceding the filing of the petition were insubstantial and supported a finding of abandonment under Social Services Law § 384-b (4) (b); (5) (a) (Matter of Candice K., 245 AD2d 821, 822 [1997]).

We have considered appellant’s remaining contentions and find them unavailing. Concur—Lippman, EJ., Gonzalez, Sweeny, Catterson and DeGrasse, JJ.