Legal Opinion

In re Damian Richard A.

Appellate Division of the Supreme Court of the State of New York

Decided March 27, 2008PublishedCited by 3 opinions

1Opinion of the Court

*459Respondent failed to show either a reasonable excuse for his failure to appear for the fact-finding and dispositional hearings or a meritorious defense to the proceeding. His excuse that he was “out of town” because it was Easter week is insufficient and also does not explain why he failed to contact his attorney, the court, or the agency to advise of his unavailability (see Matter of Laura Mariela R., 302 AD2d 300 [2003]; Matter of Ashley Marie M., 287 AD2d 333 [2001]). In light of respondent’s chronic failure to appear, the court properly went forward with the proceeding in his absence (see…

2Cases cited3 opinions

  1. In re Ashley Marie M.Appellate Division of the Supreme Court of the State of New York · 2001
  2. In re Kristen Simone V.Appellate Division of the Supreme Court of the State of New York · 2006
  3. In re Laura Mariela R.Appellate Division of the Supreme Court of the State of New York · 2003

3Cited by3 opinions

  1. In re Gloria Marie S.Appellate Division of the Supreme Court of the State of New York · 2008
  2. In re Ilyas Zaire A.-R.Appellate Division of the Supreme Court of the State of New York · 2013
  3. In re Ilyas Zaire A.-R.Appellate Division of the Supreme Court of the State of New York · 2013

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API