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IN THE MATTER OF FRANCIS K.

20 A.D.3d 478 (2005)

798 N.Y.S.2d 516

In the Matter of NICHOLAS FRANCIS K., an Infant. WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; EDWARD K., Appellant. (Proceeding No. 1.) In the Matter of TABITHA JILLIAN K., an Infant. WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; EDWARD K., Appellant. (Proceeding No. 2.)

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

July 11, 2005.

Ordered that the orders are affirmed insofar as appealed from, without costs or disbursements.

The father's contention that the Family Court erred in terminating his parental rights in the absence of "unusual, justifiable circumstances . . . without his presence at the hearing" is without merit. The father and his attorney participated in the fact-finding hearing on January 20, 2004, and cross-examined the petitioner's witness thereat. At the conclusion of the testimony...

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