*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 684

CAF 11-01814

PRESENT: SMITH, J.P., FAHEY, PERADOTTO, SCONIERS, AND MARTOCHE, JJ. IN THE MATTER OF ANASTASHIA S. --------------------------------------

CHAUTAUQUA COUNTY DEPARTMENT OF SOCIAL MEMORANDUM AND ORDER SERVICES, PETITIONER-RESPONDENT; TONYA R., RESPONDENT-APPELLANT.

ERICKSON WEBB SCOLTON & HAJDU, LAKEWOOD (PAUL V. WEBB, III, OF COUNSEL), FOR RESPONDENT-APPELLANT.

JANE E. LOVE, MAYVILLE, FOR PETITIONER-RESPONDENT.

MICHAEL J. SULLIVAN, ATTORNEY FOR THE CHILD, FREDONIA, FOR ANASTASHIA S. Appeal from an order of the Family Court, Chautauqua County (Judith S. Claire, J.), entered May 10, 2011 in a proceeding pursuant to Social Services Law § 384-b. The order denied the motion of respondent to vacate a default judgment.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Contrary to the contention of respondent mother, Family Court did not abuse its discretion in denying her motion to vacate a judgment entered upon her default in this permanent neglect proceeding. The mother’s contention that she had a reasonable excuse for her failure to appear based upon her lack of knowledge of the fact-finding hearing and upon her incarceration at the time of that hearing is not preserved for our review, inasmuch as she did not seek vacatur on those grounds ( see Matter of Derrick T ., 261 AD2d 108, 109). In any event, we conclude that the mother failed to establish a reasonable excuse for her failure to appear ( see Matter of Raymond Anthony A. , 192 AD2d 529, lv dismissed 82 NY2d 706; cf. Matter of Danner-Nepage v Nepage , 60 AD3d 1495, 1495-1496). 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, lv dismissed 11 NY3d 909; see also Matter of Kenneth L. , 92 AD3d 1245, 1247; Matter of Alexis C.R. , 71 AD3d 1511, lv dismissed 14 NY3d 922).

Entered: June 8, 2012 Frances E. Cafarell

Clerk of the Court