Matter of R.M. v. S.B.

Summary

The Appellate Division, First Department dismissed the appeal from a Family Court order as taken from a nonappealable paper because the respondent had not moved to vacate his default. The court concluded that the respondent’s departure from the hearing after being warned that it would continue in his absence constituted a knowing and willful default. It stated that, if the merits were reached, it would affirm the order, including the rulings concerning assigned counsel, adjournments, and the respondent’s claimed medical emergency.

Holdings

1. An appeal from the order was unavailable because respondent did not move to vacate his default; the appeal was therefore dismissed as taken from a nonappealable paper.
2. Respondent's departure from the hearing after being warned that the proceedings would continue in his absence was properly treated as a knowing and willful default.

Questions Presented

1. Whether the appeal could be maintained from a Family Court order entered upon respondent's default when respondent had not moved to vacate the default.
2. Whether respondent's departure from the hearing constituted a knowing and willful default.
3. Whether, if the merits were considered, Family Court improperly denied assigned counsel or a further adjournment and improperly rejected respondent's medical-emergency contention.

Disposition

dismissed