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In re Harold L.S.

89 A.D.3d 1447 Court N.Y. App. Div. Decision date 2011-11-10 English

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p. 1447
In the Matter of Harold L.S., an Infant. Monroe County Department of Human Services, Respondent; Harold S., Appellant.
[932 NYS2d 408]

Respondent father appeals from an order terminating his parental rights on the ground of abandonment and freeing his child for adoption. The father refused to attend the fact-finding 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 Shawn A. [Milisa C.B.], 85 AD3d 1598 [2011]). Present — Peradotto, J.E, Garni, Lindley, Sconiers and Green, JJ.

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