In re Anthony A., 192 A.D.2d 529 (N.Y. App. Div. 1993). · Go Syfert
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In re Anthony A., 192 A.D.2d 529 (N.Y. App. Div. 1993). Cases Citing This Book View Copy Cite
26 citation events (16 in the last 25 years) across 2 distinct courts.
Strongest positive: Matter of Deyquan M.B. (Lashon H.) (nyappdiv, 2015-01-14)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Deyquan M.B. (Lashon H.)
N.Y. App. Div. · 2015 · confidence medium
The mother’s failure to appear on the second day of the hearing due to her incarceration was not a reasonable excuse for her default, because she did not explain why she failed to notify her attorney or the court of her imprisonment (see Matter of Fa’Shon S., 40 AD3d 863 [2007]; Matter of Tiffany L., 294 AD2d 365 , 366 [2002]; Matter of Raymond Anthony A., 192 AD2d 529, 530 [1993]).
discussed Cited as authority (rule) In re Elijah J.
N.Y. App. Div. · 2010 · confidence medium
The father’s remaining contentions are without merit (see Matter of Fa’Shon S., 40 AD3d 863 [2007]; Matter of Tiffany L., 294 AD2d 365 , 366 [2002]; Matter of Raymond Anthony A., 192 AD2d 529, 530 [1993]).
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]).
discussed Cited as authority (rule) In re Fa'Shon S. Heart Share Human Services
N.Y. App. Div. · 2007 · confidence medium
The father’s incarceration at the time of the fact-finding hearing was not a reasonable excuse for his default because he provided no explanation as to why he did not notify his attorney or the court of his imprisonment (see Matter of Tiffany L., 294 AD2d 365, 366 [2002]; Matter of Raymond Anthony A., 192 AD2d 529, 530 [1993]).
cited Cited as authority (rule) In re David John D.
N.Y. App. Div. · 2007 · confidence medium
He failed to meet these requirements (see Matter of Raymond Anthony A., 192 AD2d 529, 530 [1993]).
discussed Cited as authority (rule) In re Daquan Malik B.
N.Y. App. Div. · 2004 · confidence medium
Contrary to the mother’s contention, CPLR 5015 (a) is the proper statute under which her motion to vacate the orders of fact-finding and disposition must be reviewed (see Matter of Raymond Anthony A., Jr., 192 AD2d 529, 530 [1993]).
discussed Cited as authority (rule) In re Jazel Dominique D.
N.Y. App. Div. · 1994 · confidence medium
Although the appellant claimed to have been waiting to see her boyfriend, who was in the infirmary at the Brooklyn House of Detention approximately three blocks from the Family Court, at the time the hearing was scheduled, she failed to explain why she never notified the court or her attorney of her predicament (see, Matter of Raymond Anthony A., supra, at 529).
discussed Cited "see" In re Jennifer DD.
N.Y. App. Div. · 1996 · signal: see · confidence high
To the contrary, we agree with the rationale set forth in Matter of Geraldine Rose W. ( 196 AD2d 313 , lv dismissed 84 NY2d 967 ) that "[a]lthough Social Services Law § 384-b does not explicitly state that proceedings are governed by the default mechanism of CPLR 5015 and 5511, the sensibilities of the statutory scheme and the ancillary provisions demand as much” (supra, at 316-317; see, Matter of Raymond Anthony A., 192 AD2d 529 , lv dismissed 82 NY2d 706 ).
Retrieving the full opinion text from the archive…
In the Matter of Raymond Anthony A., Jr., and Others, Children Alleged to be Neglected. Venus D., Appellant Catholic Child Care Society of the Diocese of Brooklyn
Appellate Division of the Supreme Court of the State of New York.
Apr 5, 1993.
192 A.D.2d 529
1993 N.Y. App. Div. LEXIS 3387
Cited by 23 opinions  |  Published

—In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights, the mother appeals from an order of the Family Court, Kings County (Palmer, J.), dated September 11, 1991, which denied her motion to vacate three orders of disposition of the same court, all dated May 22, 1991, made upon inquest after her default, which, inter alia, terminated her parental rights on the ground of permanent neglect.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the appellant’s contention, CPLR 5015 (a) is the proper statute under which her motion to vacate the orders dated May 22, 1991, must be reviewed (see, e.g., Matter of Nathalie A., 145 AD2d 629; Matter of "Male" Jones, 128 AD2d 403; Matter of Andrea M. T., 115 Misc 2d 1). So considered, we conclude that the Family Court did not improvidently exercise its discretion in denying the motion.

Pursuant to CPLR 5015 (a), the appellant had to provide a reasonable excuse for her failure to appear on the day of the fact-finding and dispositional hearing, as well as make a showing of a meritorious defense to the proceeding. Although the appellant claims to have been incarcerated at the time the hearing was scheduled, she did not explain why, at minimum, she failed to notify the court or her attorney of her difficulty. Moreover, in her affidavit she provided only a conclusory statement of her readiness and ability to resume the care of the three subject children. She did not controvert any of the evidence adduced at the inquest or address the allegations of permanent neglect made in the petitions. Under these circumstances, her motion to vacate her default was properly denied (Matter of Nathalie A., supra; see also, Matter of Linday E., 177 AD2d 276).

We have examined the appellant’s remaining contention and find it to be without merit. Bracken, J. P., Lawrence, Copertino and Pizzuto, JJ., concur.