Opinion
March 2, 1995
Appeal from the Family Court of Madison County (Humphreys, J.).
On this appeal from the order embodying Family Court's finding that respondent was responsible for the neglect of his girlfriend's infant daughter (born in 1991), the contentions advanced by respondent lack merit and do not warrant extended discussion. First, having been made aware that respondent received notice of the hearing (and, in fact, through his counsel worked out a proposed disposition of the petition) but failed to appear because of a "hangover", Family Court was authorized to proceed with the fact-finding hearing in respondent's absence (see, Family Ct Act § 1041, 1042; Matter of Geraldine Rose W., 196 A.D.2d 313, lv dismissed 84 N.Y.2d 967; Matter of Raymond Dean L., 109 A.D.2d 87). In any event, respondent's failure to submit an affidavit in support of an application for rehearing in Family Court bars him from raising the issue on appeal (see, Family Ct Act § 1042; Matter of Geraldine Rose W., supra). Second, the evidence produced at the fact-finding hearing, particularly the testimony of the child's great-grandmother, provided a sufficient basis for a finding that the child was neglected and that respondent was responsible therefor (see, Matter of Michelle S., 195 A.D.2d 721; Matter of Melissa R., 162 A.D.2d 754).
Cardona, P.J., White, Casey and Peters, JJ., concur. Ordered that the order is affirmed, without costs.