Opinion
2002-02168
Submitted March 10, 2003.
April 21, 2003.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the father appeals, as limited by his brief, from so much of an order of fact-finding and disposition (one paper) of the Family Court, Westchester County (Dickerson, J.), entered February 6, 2002, as, after fact-finding and dispositional hearings, and upon his default in appearing at both hearings, terminated his parental rights on the ground of neglect and transferred custody of the child to the Westchester County Department of Social Services for the purpose of adoption.
David M. Rosoff, Harrison, N.Y., for appellant.
Charlene M. Indelicato, County Attorney, White Plains, N.Y., (Stacey Dolgin-Kmetz and Brendan McGrath of counsel), for respondent.
Lawrence S. Horowitz, Bedford Hills, N.Y., Law Guardian for the child.
Before: SONDRA MILLER, J.P., GABRIEL M. KRAUSMAN, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, without costs or disbursements.
The Family Court held separate fact-finding and dispositional hearings. At both hearings the appellant failed to appear and his attorney, although present, did not participate in either proceeding. Accordingly, the order of fact-finding and disposition was entered upon the appellant's default and is not appealable (see CPLR 5511; Matter of Smith v. Richards, 286 A.D.2d 393; Matter of Vanessa M., 263 A.D.2d 542, 543; Matter of Geraldine Rose W., 196 A.D.2d 313; see also Matter of Yarbough v. Franco, 95 N.Y.2d 342, 347). The proper procedure was for the appellant to move to vacate the default and, if necessary, appeal from the order determining that motion (see Matter of Geraldine Rose W., supra).
S. MILLER, J.P., KRAUSMAN, TOWNES and MASTRO, JJ., concur.