IN RE: DONALD M.P. (Anonymous). (2024)

DECISION & ORDER

In a proceeding pursuant Family Court Act article 10, the mother appeals from an order of fact-finding of the Family Court, Kings County (Jacqueline B. Deane, J.), dated September 26, 2022, as amended June 22, 2023.  The order of fact-finding, as amended, upon the mother's failure to appear at a fact-finding hearing, and after an inquest, found that she derivatively neglected the subject child.

ORDERED that the appeal is dismissed, without costs or disbursements, except insofar as it brings up for review the denial of the mother's attorney's application for an adjournment (see CPLR 5511;  Matter of Vallencia P. [Valdissa R.], 215 A.D.3d 850, 851, 186 N.Y.S.3d 383);  and it is further,

ORDERED that the order of fact-finding, as amended, is affirmed insofar as reviewed, without costs or disbursements.

The order of fact-finding, as amended, was entered upon the mother's failure to appear at a fact-finding hearing (see e.g. Matter of Harlem H.H. [Coty H.], 218 A.D.3d 579, 581, 192 N.Y.S.3d 567;  Matter of Bartosz B. [Andrezej B.], 187 A.D.3d 894, 896, 134 N.Y.S.3d 45).  Among other reasons, although the mother's attorney appeared at the fact-finding hearing, she elected not to participate and she did not actively represent the mother by presenting evidence or making objections (see Matter of Devon W. [Lavern D.], 127 A.D.3d 1098, 1099, 5 N.Y.S.3d 876), except to the extent that she objected to the Family Court's decision to proceed in the mother's absence.  Since the finding of derivative neglect was made upon the mother's default, review is limited to matters that were the subject of contest in the Family Court (see CPLR 5511;  Matter of Vallencia P. [Valdissa R.], 215 A.D.3d at 851, 186 N.Y.S.3d 383).

Under the circumstances present here, the mother's contention that the Family Court improvidently exercised its discretion in denying her attorney's application for an adjournment is without merit (Matter of Vallencia P. [Valdissa R.], 215 A.D.3d at 851–852, 186 N.Y.S.3d 383;  Matter of Zowa D.P. [Jenia W.], 190 A.D.3d 744, 745, 135 N.Y.S.3d 879).

DILLON, J.P., MILLER, WARHIT and VENTURA, JJ., concur.