Opinion
December 31, 1997
Present — Green, J. P., Lawton, Wisner, Callahan and Boehm, JJ.
Appeal unanimously dismissed without costs. Memorandum: Respondent mother appeals from an order terminating her parental rights following a hearing held in her absence. Pursuant to CPLR 5511, "[a]n aggrieved party or a person substituted for him may appeal from any appealable judgment or order except one entered upon the default of the aggrieved party." Respondent waived her right to be present by her persistent and unexplained failure to appear for court dates ( see, Matter of Victoria B., 185 A.D.2d 811; cf., Matter of Dominique L. B., 231 A.D.2d 948). After respondent's counsel declined to participate in the proceedings, Family Court properly treated the matter as a default ( see, Matter of Geraldine Rose W., 196 A.D.2d 313, 318, lv dismissed 84 N.Y.2d 967; cf., Matter of Jennifer DD., 227 A.D.2d 675). We therefore dismiss this appeal ( see, Matter of Natanya Sharay G., 232 A.D.2d 487; Matter of Ashley X., 200 A.D.2d 911; Matter of Geraldine Rose W., supra). (Appeal from Order of Monroe County Family Court, Bonadio, J. — Terminate Parental Rights.)