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In the Matter of Shawn A., Jr., Shane A., Zachary A., and Lena A. v. Milisa C.B

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


June 10, 2011

IN THE MATTER OF SHAWN A., JR., SHANE A., ZACHARY A., AND LENA A.
ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES,
PETITIONER-RESPONDENT;
v.
MILISA C.B.,
RESPONDENT-APPELLANT.

Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), entered April 8, 2010 in a proceeding pursuant to Social Services Law § 384-b. The order terminated the parental rights of respondent.

Matter of Shawn A. v Milisa C.B.

Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 10, 2011

PRESENT: CENTRA, J.P., FAHEY, CARNI, SCONIERS, AND GREEN, JJ.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Respondent mother appeals from an order terminating her parental rights and freeing her children for adoption. The mother failed to appear at the dispositional hearing and her attorney, although present, elected not to participate in her absence. "Under those circumstances, we conclude that . . . the mother's unexplained failure to appear constituted a default" (Matter of Tiara B. [appeal No. 2], 64 AD3d 1181, 1182; see Matter of Vanessa M., 263 AD2d 542, 543; Matter of Amy Lee P., 245 AD2d 1136). We therefore dismiss this appeal (see CPLR 5511; Tiara B., 64 AD3d at 1182; Amy Lee P., 245 AD2d 1136).

Entered: June 10, 2011

Patricia L. Morgan Clerk of the Court

20110610

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