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Matter of Juatina S

Appellate Division of the Supreme Court of New York, Fourth Department
May 30, 1997
239 A.D.2d 929 (N.Y. App. Div. 1997)

Opinion

May 30, 1997

Present — Denman, P.J., Green, Balio, Boehm and Fallon, JJ.


Order unanimously affirmed without costs. Memorandum: Family Court properly proceeded with the dispositional hearing in respondent's absence. Respondent was aware of the adjourned date and thus forfeited any right she had to be present (see, Matter of Michael Dennis C., 121 A.D.2d 535, 636, lv denied 68 N.Y.2d 611). The record does not support the contention that respondent's absence was procured by petitioner. The witness for petitioner testified that respondent "wanted a bus ticket" to go to Rochester to attend a drug rehabilitation program. The witness did not testify that she gave respondent a ticket, and there was no evidence that respondent was at the drug rehabilitation program at the time of the dispositional hearing. (Appeal from Order of Onondaga County Family Court, Bersani, J. — Terminate Parental Rights.)


Summaries of

Matter of Juatina S

Appellate Division of the Supreme Court of New York, Fourth Department
May 30, 1997
239 A.D.2d 929 (N.Y. App. Div. 1997)
Case details for

Matter of Juatina S

Case Details

Full title:In the Matter of JUATINA S. and Others, Infants. TINA H., Appellant…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 30, 1997

Citations

239 A.D.2d 929 (N.Y. App. Div. 1997)
661 N.Y.S.2d 802