Opinion
12-23-2015
In the Matter of MAKIA S. Wyoming County Department of Social Services, Petitioner–Respondent; Catherine S., Respondent–Appellant.
Alan Birnholz, Lake Worth, Florida, for Respondent–Appellant. Wendy S. Sisson, Geneseo, for Petitioner–Respondent. Pamela Thibodeau, Attorney for the Child, Williamsville.
Alan Birnholz, Lake Worth, Florida, for Respondent–Appellant.
Wendy S. Sisson, Geneseo, for Petitioner–Respondent.
Pamela Thibodeau, Attorney for the Child, Williamsville.
MEMORANDUM:Respondent mother appeals from an order terminating her parental rights and freeing her child for adoption. The mother refused to appear at the dispositional hearing and her attorney, although present, elected not to participate in the mother's absence. Under those circumstances, we conclude that the mother's refusal to appear constituted a default, and we therefore dismiss the appeal (see Matter of
Shawn A. [Milisa C.B.], 85 A.D.3d 1598, 1598–1599, 924 N.Y.S.2d 902, lv. denied 17 N.Y.3d 713, 2011 WL 4916617 ).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, and DeJOSEPH, JJ., concur.