Nyree S. v. Gregory C.
Matter of Matter of Nyree S. v
Gregory C.
2012
NY Slip Op 06884
Decided
on October 16, 2012
Appellate
Division, First Department
Published
by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This
opinion is uncorrected and subject to revision before publication in the
Official Reports.
Decided
on October 16, 2012
Tom, J.P., Mazzarelli, Andrias,
DeGrasse, Román, JJ.
8303
[*1]In
re Nyree S., etc., Petitioner-Respondent,
v
Gregory C., Respondent-Appellant.
George
E. Reed Jr.,
Kramer
Levin Naftalis & Frankel LLP,
Miller of counsel), for respondent.
Karen
P. Simmons, The Children's
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 AD3d 630 [1st Dept 2008]; Matter of Kondratyeva v Yapi, 13 AD3d 376 [2d Dept 2004]; Matter of McConnell v Montagriff, 233 AD2d 512 [2d Dept 1996]). Accordingly,
since no appeal lies from an order entered upon the aggrieved party's default,
the appeal is dismissed
(see CPLR 5511; Anita L., 54 AD3d at 631).
THIS
CONSTITUTES THE DECISION AND ORDER
OF
THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED:
OCTOBER 16, 2012
CLERK