S., HAROLD L., MTR. OF

89 A.D.3d 1447, 932 N.Y.2d 408

Opinion

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. [Milisa C.B.], 85 AD3d 1598 [2011]). Present — Peradotto, J.E, Garni, Lindley, Sconiers and Green, JJ.