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MATTER OF R.

239 A.D.2d 305 (1997)

658 N.Y.S.2d 857

In the Matter of Danielle R. and Others, Children Alleged to be Permanently Neglected. Rita R., Appellant; New York Foundling Hospital et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 29, 1997

The court properly exercised its discretion in denying respondent's motion to vacate her default since her moving papers failed to demonstrate a reasonable excuse for her absence or a meritorious defense (see, Matter of "Male" Jones, 128 A.D.2d 403). Her claim of illness was properly rejected since her submissions failed to establish that she was ill on the day of the proceedings, particularly in light of her previous failure...

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