Parent, Child and Family - Order of Protection - Denial of Motion to Vacate Order Entered on Default - Failure to Demonstrate Reasonable Excuse

Order, Family Court, New York County (Gail A. Adams, Ref.), entered on or about May 10, 2024, which denied respondent's motion to vacate a five-year order of protection entered on default on behalf of petitioner, unanimously affirmed, without costs.

Family Court providently exercised its discretion in denying respondent's motion to vacate the order entered upon his default, as he failed to establish a reasonable excuse for his failure to appear at the inquest (CPLR 5015 [a] [1]; see Matter of Desiree P. v Michael L., 194 AD3d 494, 495 [1st Dept 2021]). Respondent's motion was not supported by any competent admissible medical evidence showing that he was hospitalized on May 11, 2023, and unable to appear for the inquest (see Seitzer v McFadden, 219 AD3d 1262 [1st Dept 2023]). Nor did the fact that certain medical providers contacted petitioner at an unspecified time on the May 11, 2023 court date corroborate respondent's contention that he was unable to appear in court for medical reasons. Furthermore, respondent has a history of failing to appear at critical points during proceedings (see Matter of Miguel L. v Ashley J.L., 177 AD3d 476, 477 [1st Dept 2019]).

Since respondent's proffered excuse was not reasonable, we need not determine whether he showed a potentially meritorious defense (see Matter of Sharon M. v Elmer Gabriel M., 217 AD3d 415, 416 [1st Dept 2023]).

We have considered respondent's arguments regarding appointment of counsel and find them unavailing (see Matter of Ikram B. v Abdelkader B.-B., 215 AD3d 468, 469 [1st Dept 2023]). Concur—Scarpulla, J.P., Friedman, González, Shulman, Rosado, JJ.