Opinion
105 CAF 18-02356
02-11-2021
In the MATTER OF PAUL S., Jr. Steuben County Department of Social Services, Petitioner-Respondent; v. Ingrid D., Respondent-Appellant. (Appeal No. 1.)
CHARU NARANG, BROCKPORT, FOR RESPONDENT-APPELLANT. DONALD S. THOMSON, BATH, FOR PETITIONER-RESPONDENT. THOMAS V. CASE, HORNELL, ATTORNEY FOR THE CHILD.
CHARU NARANG, BROCKPORT, FOR RESPONDENT-APPELLANT.
DONALD S. THOMSON, BATH, FOR PETITIONER-RESPONDENT.
THOMAS V. CASE, HORNELL, ATTORNEY FOR THE CHILD.
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, TROUTMAN, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: In appeal Nos. 1-4, respondent mother appeals from orders terminating her parental rights with respect to the subject children and freeing them for adoption. The mother refused to appear at the dispositional hearing and her attorney, although present, elected not to participate in the mother's absence. We thus conclude that the mother's refusal to appear constituted a default, and we therefore dismiss the appeals ( see Matter of Makia S. [Catherine S.] , 134 A.D.3d 1445, 1445-1446, 21 N.Y.S.3d 653 [4th Dept. 2015] ; see also Matter of Heavenly A. [Michael P.] , 173 A.D.3d 1621, 1622, 105 N.Y.S.3d 227 [4th Dept. 2019] ).