Opinion
Submitted March 6, 2000.
April 17, 2000.
In two related child protective proceedings pursuant to Family Court Act article 10, the father appeals from two dispositional orders of the Family Court, Queens County (Friedman, J.) (one as to each child), both dated April 20, 1998, which, upon fact-finding orders of the same court dated November 1, 1996, made after a hearing, finding that the children were derivatively abused based upon the abuse of Ebony M., and upon his default in appearing at the dispositional hearing, prohibited him from having any contact with the children until they are 18 years of age.
Larry S. Bachner, Kew Gardens, N.Y., for appellant.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Barry P. Schwartz and Susan Rockford of counsel), for respondent.
Monica Drinane, New York, N.Y. (Diane Pazar of counsel), Law Guardian for the children.
Before: GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, LEO F. McGINITY, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the appeals are dismissed, without costs or disbursements.
The dispositional orders were entered upon the father's default in appearing at the dispositional hearing. It is well settled that no appeal lies from an order entered upon the default of the appealing party (see, Matter of Benjamin G., 228 A.D.2d 813 ; Matter of Hurst v. Hurst, 227 A.D.2d 689 ; Matter of Zagary George Bayne G., 185 A.D.2d 320 ; see also, CPLR 5511; Family Ct. Act § 165). Accordingly, the appeals from the dispositional orders are dismissed.
Assuming that review of the father's claims was appropriate, we would find that the Family Court properly entered a derivative finding of abuse with respect to the subject children based on the unrebutted evidence that their father sexually abused their older stepsister (see, Matter of Philip M., 186 A.D.2d 462, affd 82 N.Y.2d 238 ;Matter of Lynette W., 177 A.D.2d 1008), and that his remaining contentions are without merit.