In re Cain Keel L., 78 A.D.3d 541 (N.Y. App. Div. 2010). · Go Syfert
In re Cain Keel L., 78 A.D.3d 541 (N.Y. App. Div. 2010). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Landyn M. (Laquanna W.) (nyappdiv, 2016-12-13)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Landyn M. (Laquanna W.)
N.Y. App. Div. · 2016 · confidence medium
Were we to consider this argument, we would find that respondent has failed to show that she or the child is a member or is eligible for membership in an Indian Tribe such that the ICWA would apply (see 25 USC § 1903 [4]; Matter of Cain Keel L. [Derzerina L.], 78 AD3d 541, 542 [1st Dept 2010], lv dismissed 16 NY3d 818 [2011]).
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) Matter of Devin M. (Margaret W.)
N.Y. App. Div. · 2014 · confidence medium
The mother also failed to preserve her claim that the Indian Child Welfare *437 Act ( 25 USC § 1901 et seq.) was applicable and, in any event, she failed to demonstrate that she or the child qualified for its protection (see 25 USC § 1903 [4]; Matter of Cain Keel L. [Derzerina L.], 78 AD3d 541, 542 [1st Dept 2010], lv dismissed 16 NY3d 818 [2011]).
discussed Cited "see" Matter of Selah J. S.
N.Y. App. Div. · 2024 · signal: see · confidence high
Family Court providently exercised its discretion in denying the mother's motion to vacate her default, as her moving papers failed to demonstrate a reasonable excuse for her absence from the virtual hearing and a meritorious defense to the allegation that she abandoned the child (CPLR 5015[a][1]; see Matter of Cain Keel L. [Derzerina L.] , 78 AD3d 541, 542 [1st Dept 2010], lv dismissed 16 NY3d 818 [2011]).
discussed Cited "see" Matter of Selah J. S.
N.Y. App. Div. · 2024 · signal: see · confidence high
Family Court providently exercised its discretion in denying the mother's motion to vacate her default, as her moving papers failed to demonstrate a reasonable excuse for her absence from the virtual hearing and a meritorious defense to the allegation that she abandoned the child (CPLR 5015[a][1]; see Matter of Cain Keel L. [Derzerina L.] , 78 AD3d 541, 542 [1st Dept 2010], lv dismissed 16 NY3d 818 [2011]).
discussed Cited "see" Jeanette J. v. Administration for Children's Services
N.Y. App. Div. · 2016 · signal: see · confidence high
The grandmother, as the party asserting the applicability of the ICWA, failed to meet her burden of providing sufficient information to at least put the court on notice that the child may be an “Indian child” within the meaning of the ICWA ( 25 USC § 1903 [4]; see Matter of Cain Keel L. [Derzerina L.], 78 AD3d 541, 542 [2010]; In re Trever I., 973 A2d 752, 759 [Me Sup Ct 2009]).
Retrieving the full opinion text from the archive…
In the Matter of Cain Keel L. and Another, Infants. Derzerina L., Appellant The New York Foundling Hospital
Appellate Division of the Supreme Court of the State of New York.
Nov 18, 2010.
78 A.D.3d 541
Cited by 12 opinions  |  Published

[*542] Order, Family Court, Bronx County (Allen Alpert, J.), entered on or about June 17, 2009, which denied appellant mother’s motion to vacate two orders of disposition of the same court and Judge, entered on or about March 11, 2009, upon appellant’s default, terminating her parental rights to her children on the ground of abandonment, unanimously affirmed, without costs.

The court properly exercised its discretion in denying appellant’s motion to vacate the orders terminating her parental rights upon her default because her moving papers failed to demonstrate a reasonable excuse for her absence from the court’s March 11, 2009 proceeding and a meritorious defense (see Matter of Amirah Nicole A. [Tamika R.], 73 AD3d 428, 428-429 [2010], lv dismissed 15 NY3d 766 [2010]; Matter of Bibianamiet L.-M. [Miledy L.N.], 71 AD3d 402 [2010]). Given the fact that appellant failed to appear at two prior Family Court proceedings and that the court notified her attorney that should she fail to appear at the March 11, 2009 hearing, the court would proceed with an inquest, the court acted within its discretion to proceed notwithstanding her guardian ad litem’s request for an adjournment (see Matter of Jones, 128 AD2d 403 [1987]). 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]).

Lastly, appellant’s argument that the Family Court lacked jurisdiction to issue a final order because the Cherokee Indian tribe was not given the opportunity to intervene pursuant to the Indian Child Welfare Act of 1978 (ICWA) is without merit. Appellant, as the party asserting the applicability of the ICWA, failed to meet her burden to provide sufficient information to at least put the court or department on notice that the child may be an “Indian child” within the meaning of the ICWA, and that further inquiry is necessary (In re Trever I., 973 A2d 752, 758, 2009 ME 59, ¶ 21 [2009]). Concur — Mazzarelli, J.P., Saxe, McGuire, Freedman and Abdus-Salaam, JJ.