Opinion
2012-10-16
In re NYREE S., etc., Petitioner–Respondent, v. GREGORY C., Respondent–Appellant.
George E. Reed Jr., White Plains, for appellant. Kramer Levin Naftalis & Frankel LLP, New York (Ashley S. Miller of counsel), for respondent.
George E. Reed Jr., White Plains, for appellant. Kramer Levin Naftalis & Frankel LLP, New York (Ashley S. Miller of counsel), for respondent.
Karen P. Simmons, The Children's Law Center, Brooklyn (Janet Neustaetter of counsel), attorney for the child.
Appeal from order, Family Court, Bronx County (Alma Cordova, J.), entered on or about December 9, 2010, which granted the petition seeking a five-year order of protection in favor of petitioner mother and the parties' child upon a determination that respondent father had committed the family offenses of harassment and stalking, unanimously dismissed, without costs, as taken from a nonappealable paper.
The record shows that the incarcerated respondent appeared telephonically at a hearing and was grossly disrespectful to the court. When the court admonished respondent, he responded in a manner indicating that he had no respect for the court's authority. The court therefore acted properly in excluding respondent from the proceedings by disconnecting his telephone connection, and his conduct constituted a knowing and willful default ( see Matter of Anita L. v. Damon N., 54 A.D.3d 630, 864 N.Y.S.2d 23 [1st Dept. 2008];Matter of Kondratyeva v. Yapi, 13 A.D.3d 376, 788 N.Y.S.2d 394 [2d Dept. 2004];Matter of McConnell v. Montagriff, 233 A.D.2d 512, 650 N.Y.S.2d 768 [2d Dept. 1996] ). Accordingly, since no appeal lies from an order entered upon the aggrieved party's default, the appeal is dismissed
( seeCPLR 5511; Anita L., 54 A.D.3d at 631, 864 N.Y.S.2d 23).