MILISA RESPONDENT APPELLANT v. << (2011)

Supreme Court, Appellate Division, Fourth Department, New York.

ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER–RESPONDENT; MILISA C.B., RESPONDENT–APPELLANT.

CAF 10–00959

Decided: June 10, 2011

PRESENT: CENTRA, J.P., FAHEY, CARNI, SCONIERS, AND GREEN, JJ.

CHARLES J. GREENBERG, BUFFALO, FOR RESPONDENT–APPELLANT. JOSEPH T. JARZEMBEK, BUFFALO, FOR PETITIONER–RESPONDENT.

MEMORANDUM AND ORDER

KENNETH W. GIBBONS, ATTORNEY FOR THE CHILD, BUFFALO, FOR SHAWN A., JR.

DAVID C. SCHOPP, ATTORNEY FOR THE CHILDREN, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CHARLES D. HALVORSEN OF COUNSEL), FOR SHANE A., ZACHARY A. AND LENA A.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Respondent mother appeals from an order terminating her parental rights and freeing her children for adoption. The mother failed to appear at the dispositional hearing and her attorney, although present, elected not to participate in her absence. “Under those circumstances, we conclude that ․ the mother's unexplained failure to appear constituted a default” (Matter of Tiara B. [appeal No. 2], 64 AD3d 1181, 1182; see Matter of Vanessa M., 263 A.D.2d 542, 543; Matter of Amy Lee P., 245 A.D.2d 1136). We therefore dismiss this appeal (see CPLR 5511; Tiara B., 64 AD3d at 1182; Amy Lee P., 245 A.D.2d 1136).

Patricia L. Morgan

Clerk of the Court

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