Opinion
937 CAF 19-00558
11-20-2020
In the MATTER OF IRELYNN S. Onondaga County Department of Children and Family Services, Petitioner-Respondent; v. Maurice S., Respondent-Appellant.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PHILIP ROTHSCHILD OF COUNSEL), FOR RESPONDENT-APPELLANT. ROBERT A. DURR, COUNTY ATTORNEY, SYRACUSE (YVETTE VELASCO OF COUNSEL), FOR PETITIONER-RESPONDENT. SUSAN B. MARRIS, MANLIUS, ATTORNEY FOR THE CHILD.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PHILIP ROTHSCHILD OF COUNSEL), FOR RESPONDENT-APPELLANT.
ROBERT A. DURR, COUNTY ATTORNEY, SYRACUSE (YVETTE VELASCO OF COUNSEL), FOR PETITIONER-RESPONDENT.
SUSAN B. MARRIS, MANLIUS, ATTORNEY FOR THE CHILD.
PRESENT: WHALEN, P.J., CENTRA, NEMOYER, WINSLOW, AND BANNISTER, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Respondent father appeals from an order terminating his parental rights and freeing his child for adoption. The father failed to appear at the dispositional 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 Makia S. [Catherine S.] , 134 A.D.3d 1445, 1445-1446, 21 N.Y.S.3d 653 [4th Dept. 2015] ; Matter of Shawn A. [Milisa C.B.] , 85 A.D.3d 1598, 1598-1599, 924 N.Y.S.2d 902 [4th Dept. 2011], lv denied 17 N.Y.3d 713, 2011 WL 4916617 [2011] ).