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MATTER OF SHAWN A.

CAF 10-00959.

85 A.D.3d 1598 (2011)

924 N.Y.S.2d 902

2011 NY Slip Op 4890

In the Matter of SHAWN A., JR., and Others, Infants. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; MILISA C.B., Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 10, 2011.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Respondent mother appeals from an order terminating her parental rights and freeing her children for adoption. The mother failed to appear at the dispositional hearing and her attorney, although present, elected not to participate in her absence. "Under those circumstances, we conclude that . . . the mother's unexplained failure to appear constituted a default" (Matter of...

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