Opinion
May 30, 1997
Present — Green, J.P., Lawton, Doerr, Balio and Fallon, JJ.
Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum: Family Court abused its discretion in entering an order upon default terminating respondent's parental rights after soliciting and authorizing a motion for withdrawal of counsel without notice to respondent. Consequently, the order must be reversed and the matter remitted to Family Court for reassignment of counsel and a new fact-finding hearing ( see, Matter of Tierra C., 234 A.D.2d 1003; see also, Matter of Dominique L.B., 231 A.D.2d 948; see also, Matter of Tierra C., 227 A.D.2d 994). Because there must be a new fact-finding hearing, we address the argument of respondent that the court erred in admitting into evidence her entire case file from Horizons Village, Inc., a drug rehabilitation facility. Although portions of the case file were properly admitted to prove respondent's failure to attend and complete drug rehabilitation, respondent's entire case file, which contained much irrelevant and prejudicial material, should not have been admitted ( see, Matter of Brandon A., 166 Misc.2d 736, 740). In light of our conclusion that a new factfinding hearing is necessary, we do not address respondent's remaining arguments. (Appeal from Order of Erie County Family Court, Rosa, J. — Terminate Parental Rights.)