Cited for
At page 1445 Dismissing appeal due to parent's default at hearing10 citing cases“Under those circumstances, we conclude that the mother’s refusal to appear constituted a default, and we therefore dismiss the appeal (see Matter of”
- Matter of Meilani M., 250 A.D.3d 1712 (N.Y. App. Div. 4th Dep't 2026).publishedThe orders were entered following a fact-finding hearing at which the mother failed to appear and in which her attorney, although present, elected not to participate ( see Matter of Ramere D. [Biesha D.] , 177 AD3d 1386 , 1386 [4th Dept 20…
- Matter of Larae L. (Heather L.), 202 A.D.3d 1454 (N.Y. App. Div. 4th Dep't 2022).publishedThe order was thus entered upon the mother's default ( see Matter of Tyrone O. [Lillian G.] , 199 AD3d 1386, 1387 [4th Dept 2021]; Matter of Ramere D. [Biesha D.] , 177 AD3d 1386 , 1386 [4th Dept 2019], lv denied 35 NY3d 904 [2020]; Matter…
- Matter of John D., Jr. (John D.), 2021 NY Slip Op 06472 (N.Y. App. Div. 4th Dep't 2021).publishedAddressing first appeal Nos. 2 and 3, we note that both orders in those appeals were entered following fact-finding and dispositional hearings at which respondents failed to appear and in which their attorneys, although present, elected no…
- Matter of Tyrone O. (Lillian G.), 199 A.D.3d 1386 (N.Y. App. Div. 4th Dep't 2021).publishedThe order was entered following fact-finding and dispositional hearings at which the mother failed to appear and in which her attorney, although present, elected not to participate ( see Matter of Ramere D. [Biesha D.] , 177 AD3d 1386 , 13…
- Matter of Bianca F. (Terrald F.), 2021 NY Slip Op 00979 (N.Y. App. Div. 4th Dep't 2021).publishedMatter of Heavenly A. [Michael P.] , 173 AD3d 1621 , 1622 [4th Dept 2019]; Matter of Makia S. [Catherine S.] , 134 AD3d 1445, 1445 [4th Dept 2015]).
- Matter of Paul S. (Ingrid D.), 191 A.D.3d 1421 (N.Y. App. Div. 4th Dep't 2021).publishedWe thus conclude that the mother's refusal to appear constituted a default, and we therefore dismiss the appeals ( see Matter of Makia S. [Catherine S.] , 134 AD3d 1445, 1445-1446 [4th Dept 2015]; see also Matter of Heavenly A. [Michael P.…
- Matter of Irelynn S. (Maurice S.), 188 A.D.3d 1744 (N.Y. App. Div. 4th Dep't 2020).publishedUnder those circumstances, we conclude that the father's refusal to appear constituted a default, and we therefore dismiss the appeal ( see Matter of Makia S. [Catherine S.] , 134 AD3d 1445, 1445-1446 [4th Dept 2015]; Matter of Shawn A. [M…
- Matter of Ramere D. (Biesha D.), 2019 NY Slip Op 8312 (N.Y. App. Div. 4th Dep't 2019).publishedBoth orders were entered following a dispositional hearing at which the mother failed to appear and in which her attorney, although present, elected not to participate ( see Matter of Makia S. [Catherine S.] , 134 AD3d 1445, 1445-1446 [4th…
- Matter of Christopher P. (Jessica P.), 2019 NY Slip Op 720 (N.Y. App. Div. 4th Dep't 2019).publishedIt is hereby ORDERED that the appeal from the order insofar as it concerns disposition is unanimously dismissed ( see Matter of Makia S . [Catherine S.] , 134 AD3d 1445, 1445 [4th Dept 2015]) and the order is affirmed without costs.
- Matter of Nevaeh D.J. (Daniel J.--Janelle J.), 151 A.D.3d 1867 (N.Y. App. Div. 4th Dep't 2017).publishedThose contentions are not reviewable on this appeal inasmuch as the finding of neglect was made upon the father’s default (see Matter of Makia S. [Catherine S.], 134 AD3d 1445, 1445 [2015]; Matter of Lastanzea L. [Lakesha L.], 87 AD3d 1356…
Retrieving the full opinion text from the archive…
In the Matter of Makia S., an Infant. Wyoming County Department of Social Services, Respondent Catherine S.
Appellate Division of the Supreme Court of the State of New York.
Dec 23, 2015.
Published opinion
Cited by 9 opinions | Published
Appeal from an order of the Family Court, Wyoming County (Michael M. Mohun, J.), entered June 18, 2014 in a proceeding pursuant to Social Services Law § 384-b. The order, among other things, transferred guardianship and custody of the subject child to petitioner.
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 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 [*1446] Shawn A. [Milisa C.B.], 85 AD3d 1598, 1598-1599 [2011], lv denied 17 NY3d 713 [2011]). Present — Centra, J.P., Peradotto, Garni, Lindley and DeJoseph, JJ.