S., HAROLD L., MTR. OF

Appellate Division of the Supreme Court of New York

S., HAROLD L., MTR. OF

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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 10, 2011

DocketCAF 10-00863

StatusPublished

Cited by2 cases

This text of 89 A.D.3d 1447 (S., HAROLD L., MTR. OF) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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S., HAROLD L., MTR. OF, 89 A.D.3d 1447, 932 N.Y.2d 408 (N.Y. Ct. App. 2011).

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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.

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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.

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89 A.D.3d 1447, 932 N.Y.2d 408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/s-harold-l-mtr-of-nyappdiv-2011.

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