Matter of Irelynn S. (Maurice S.)
Supreme Court, Appellate Division, Fourth Department, New YorkNovember 20, 2020188 A.D.3d 1744132 N.Y.S.3d 707132 N.Y.S.3d 707 (Mem)
188 A.D.3d 1744, 132 N.Y.S.3d 707 (Mem), 2020 N.Y. Slip Op. 06904
*1 In the Matter of Irelynn S. Onondaga County Department of Children and Family Services, Respondent; Maurice S., Appellant.
Supreme Court, Appellate Division, Fourth Department, New York
November 20, 2020
CITE TITLE AS: Matter of Irelynn S. (Maurice S.)
Frank H. Hiscock Legal Aid Society, Syracuse (Philip Rothschild of counsel), for respondent-appellant.
Robert A. Durr, County Attorney, Syracuse (Yvette Velasco of counsel), for petitioner-respondent.
Susan B. Marris, Manlius, Attorney for the Child.
Appeal from an order of the Family Court, Onondaga County (Michele Pirro Bailey, J.), entered February 11, 2019, in a proceeding pursuant to Social Services Law § 384-b. The order, among other things, terminated respondent's parental rights with respect to the subject child.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Memorandum: Respondent father appeals from an order terminating his parental rights and freeing his child for adoption. The father failed to appear at the dispositional hearing and his attorney, although present, elected not to participate in the father's absence. Under those circumstances, we conclude that the father's refusal to appear constituted a default, and we therefore dismiss the appeal (see Matter of Makia S. [Catherine S.], 134 AD3d 1445, 1445-1446 [4th Dept 2015]; Matter of Shawn A. [Milisa C.B.], 85 AD3d 1598, 1598-1599 [4th Dept 2011], lv denied 17 NY3d 713 ). Present—Whalen, P.J., Centra, NeMoyer, Winslow and Bannister, JJ.
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