S., HAROLD L., MTR. OF , 932 N.Y.2d 408 ( 2011 )

SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
1156
CAF 10-00863
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, SCONIERS, AND GREEN, JJ.
IN THE MATTER OF HAROLD L.S.
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MONROE COUNTY DEPARTMENT OF HUMAN SERVICES, MEMORANDUM AND ORDER
PETITIONER-RESPONDENT;
HAROLD S., RESPONDENT-APPELLANT.
PALOMA A. CAPANNA, PENFIELD, FOR RESPONDENT-APPELLANT.
DAVID VAN VARICK, COUNTY ATTORNEY, ROCHESTER (CAROL L. EISENMAN OF
COUNSEL), FOR PETITIONER-RESPONDENT.
LISA J. MASLOW, ATTORNEY FOR THE CHILD, ROCHESTER, FOR HAROLD L.S.
Appeal from an order of the Family Court, Monroe County (John J.
Rivoli, J.), entered March 22, 2010 in a proceeding pursuant to Social
Services Law § 384-b. The order terminated the parental rights of
respondent.
It is hereby ORDERED that said appeal is unanimously dismissed
without costs.
Memorandum: Respondent father appeals from an order terminating
his parental rights on the ground of abandonment and freeing his child
for adoption. The father refused to attend the fact-finding hearing
and his attorney, although present, elected not to participate in the
father’s absence. Under those circumstances, we conclude that the
father’s refusal to appear constituted a default, and we therefore
dismiss the appeal (see Matter of Shawn A., 85 AD3d 1598).
Entered: November 10, 2011 Patricia L. Morgan
Clerk of the Court