MATTER OF MARIE


198 A.D.2d 55 (1993)

602 N.Y.S.2d 870

In the Matter of Shannel Marie M., a Child Alleged to be Abandoned. William V., Appellant; Brookwood Child Care, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 9, 1993


The court did not abuse its discretion in commencing the fact-finding hearing in respondent's absence given that there was no way of knowing when or even if respondent would appear. Respondent did arrive just as his attorney anticipated in requesting "a brief adjournment", shortly after the hearing began, and before completion of cross examination of the first witness. Thereupon respondent was given the opportunity to consult with...

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