Opinion
September 30, 1994
Appeal from the Niagara County Family Court, Halpin, J.
Present — Denman, P.J., Green, Fallon, Callahan and Boehm, JJ.
Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Niagara County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in summarily dismissing the petition in the absence of petitioner or his attorney. "`"Absent unusual, justifiable circumstances, one's rights should not be terminated without [his] presence at the hearing"'" (Matter of Kendra M., 175 A.D.2d 657, 658, quoting Matter of Laticia B., 156 A.D.2d 681, 682, quoting Matter of Ana Maria Q., 52 A.D.2d 607). Respondent has no objection to this matter being returned to Family Court for de novo proceedings to be conducted in the presence of petitioner and, if he requests and is eligible, assigned counsel.