Matter of Fantanajia Natalie Y.

Matter of Fantanajia Natalie Y. v Troy W. 2007 NY Slip Op 05327 [41 AD3d 219] Decided on June 14, 2007 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 June 14, 2007
Mazzarelli, J.P., Sullivan, Buckley, Sweeny, Catterson, JJ.
1348

[*1]In re Fantanajia Natalie Y., A Child Under the Age of Eighteen Years, etc.,

and

Troy W., Respondent-Appellant, Natalie D.B., et al., Respondents, Catholic Home Bureau for Dependent Children, Petitioner-Respondent.




Nancy Botwinik, New York, for appellant.
Magovern & Sclafani, New York (Megan Eiss-Proctor of
counsel), for Catholic Home Bureau for Dependent Children,
respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Diane
Pazar of counsel), Law Guardian.

Order, Family Court, Bronx County (Clark V. Richardson, J.), entered on or about August 14, 2006, which denied appellant's motion to vacate the fact-finding order entered February 19, 2006, upon his default, unanimously affirmed, without costs.

Appellant failed to demonstrate a reasonable excuse for his failure to appear at the fact-finding hearing (Matter of Kristen Simone V., 30 AD3d 174 [2006]; Matter of Jones, 128 AD2d 403 [1987]). Incarcerated at the time of the hearing, appellant was repeatedly offered the opportunity to be produced for the hearing, yet admittedly refused to be produced, changing his mind
with respect to his participation in the proceedings only after the hearing's completion. [*2]

We have considered appellant's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 14, 2007

CLERK