Opinion
April 29, 1998
Appeals from Order of Erie County Family Court, Townsend, J. — Neglect.
Present — Denman, P.J., Lawton, Pigott, Jr., Balio and Boehm, JJ.
Appeals unanimously dismissed without costs. Memorandum: Respondents appeal from an order of disposition finding their children to be neglected (see, Family Ct. Act art. 10). No appeal lies from the order of disposition entered on respondents' default (see, Matter of Monique Twana C., 246 A.D.2d 351; Matter of Stacy P., 210 A.D.2d 1009). Respondents failed to appear at the fact-finding hearing. Although their attorneys were present at the hearing, they did not actively represent respondents by presenting proof, making motions or conducting cross-examination on respondents' behalf. Thus, Family Court properly determined that respondents were in default (see, Matter of Ashlee X, 244 A.D.2d 707; Matter of Semonae YY., 239 A.D.2d 716; Matter of Geraldine Rose W., 196 A.D.2d 313, 316-318, lv dismissed 84 N.Y.2d 967).