SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
November 10, 2011
IN THE MATTER OF HAROLD L.S.
MONROE COUNTY DEPARTMENT OF HUMAN SERVICES,
PETITIONER-RESPONDENT; AND HAROLD 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.
Matter of Harold L.S. v Harold S.
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 November 10, 2011
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, SCONIERS, AND GREEN, JJ.
The order terminated the parental rights of respondent.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
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
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