MATTHEW v. SUSAN (2007)

Respondent appeals from an order that, inter alia, granted the petition seeking modification of a prior order providing for joint custody of the parties' child and awarded sole custody to petitioner.   We reject the contention of respondent that Family Court abused its discretion in denying the request of her attorney for an adjournment and conducting a portion of the hearing in his absence.   After balancing the relevant factors, including counsel's unexcused failure to comply with the court's prior directive to arrange for another attorney to appear on respondent's behalf and respondent's own unexplained failure to appear at the hearing, we conclude that the court properly exercised its discretion in denying the request for an adjournment and proceeding with a portion of the hearing in the absence of respondent's counsel (cf. Matter of Sullivan v. Sullivan, 24 A.D.3d 455, 456, 807 N.Y.S.2d 103;  Matter of Vidal v. Mintzer, 309 A.D.2d 756, 758, 765 N.Y.S.2d 385).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: