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MATTER OF SAMUEL V.S.

5668.

89 A.D.3d 566 (2011)

933 N.Y.S.2d 243

2011 NY Slip Op 8289

In the Matter of SAMUEL V.S., a Child Alleged to be Neglected. SHAMEA L., Appellant. ADMINISTRATION FOR CHILDREN SERVICES, Respondent.

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

Decided November 17, 2011.

A party seeking to vacate an order must establish that there was a reasonable excuse for the default and a meritorious defense to the petition (see CPLR 5015 [a] [1]; Matter of Atkin v Atkin, 55 A.D.3d 905 [2008]). Without reaching the question of whether or not the mother had a reasonable excuse for default, we find that the court properly denied the mother's motion because she failed to set forth a meritorious defense. The...

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