Opinion
April 20, 1992
Appeal from the Family Court, Queens County (Ambrosio, J., Waltrous, H.E.).
Ordered that the order is affirmed, without costs or disbursements.
We find no merit to the appellant's contentions that he was denied due process when the Hearing Examiner continued the hearing on the application to fix the arrears and modify a prior award of child support in his absence. The appellant was present in the courtroom when the case was called and had ample opportunity to explain the absence of his attorney. Instead, he left the courtroom without explaining the circumstances or requesting that the Hearing Examiner wait for his attorney's arrival. Therefore, the appellant waived his right to participate in the remainder of the hearing (cf., Matter of Michael Dennis C., 121 A.D.2d 535). Sullivan, J.P., Lawrence, Eiber and Pizzuto, JJ.