Opinion
2014-02-14
In the Matter of Delmar GRICE, Petitioner–Respondent, v. Tiffany HARRIS, Respondent–Appellant.
Appeal from an order of the Family Court, Monroe County (Joan S. Kohout, J.), entered August 6, 2012 in a proceeding pursuant to Family Court Act article 6. The order granted sole custody of the parties' child to petitioner. Jon Stern, Rochester, for Respondent–Appellant. Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of Counsel), for Petitioner–Respondent.
Appeal from an order of the Family Court, Monroe County (Joan S. Kohout, J.), entered August 6, 2012 in a proceeding pursuant to Family Court Act article 6. The order granted sole custody of the parties' child to petitioner.
Jon Stern, Rochester, for Respondent–Appellant. Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of Counsel), for Petitioner–Respondent.
Sara E. Rook, Attorney for the Child, Rochester.
MEMORANDUM:
Respondent mother appeals from an order that, inter alia, awarded sole custody of the subject child to petitioner father. The mother contends that Family Court abused its discretion in denying her request to adjourn the evidentiary hearing. We reject that contention. It is well settled that “[t]he grant or denial of a motion for ‘an adjournment for any purpose is a matter resting within the sound discretion of the trial court’ ” (Matter of Steven B., 6 N.Y.3d 888, 889, 817 N.Y.S.2d 599, 850 N.E.2d 646, quoting Matter of Anthony M., 63 N.Y.2d 270, 283, 481 N.Y.S.2d 675, 471 N.E.2d 447). Here, the mother “failed to demonstrate that the need for the adjournment to [arrange transportation] was not based on a lack of due diligence on [her] part” (Matter of Sophia M.G.–K. [Tracy G.–K.], 84 A.D.3d 1746, 1747, 922 N.Y.S.2d 907;see Matter of Matthew K. v. Susan O., 37 A.D.3d 1119, 1119, 829 N.Y.S.2d 366,lv. denied 8 N.Y.3d 811, 834 N.Y.S.2d 719, 866 N.E.2d 1049). Consequently, we conclude that the court did not abuse its discretion in denying the mother's request for an adjournment, and in proceeding with the hearing in her absence ( see Matter of La'Derrick J.W. [Ashley W.], 85 A.D.3d 1600, 1602, 925 N.Y.S.2d 741,lv. denied 17 N.Y.3d 709, 2011 WL 4089938;cf. Matter of Nicole J., 71 A.D.3d 1581, 1582, 896 N.Y.S.2d 918).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. SMITH, J.P., FAHEY, CARNI, VALENTINO, and WHALEN, JJ., concur.