| Matter of Nyree S. v Gregory C. |
| 2012 NY Slip Op 06884 [99 AD3d 561] |
| October 16, 2012 |
| Appellate Division, First Department |
| In the Matter of Nyree S., Respondent, v Gregory C.,Appellant. |
—[*1] Kramer Levin Naftalis & Frankel LLP, New York (Ashley S. Miller of counsel), forrespondent. Karen P. Simmons, The Children's Law Center, Brooklyn (Janet Neustaetter of counsel),attorney for the child.
Appeal from order, Family Court, Bronx County (Alma Cordova, J.), entered on or aboutDecember 9, 2010, which granted the petition seeking a five-year order of protection in favor ofpetitioner mother and the parties' child upon a determination that respondent father hadcommitted 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 andwas grossly disrespectful to the court. When the court admonished respondent, he responded in amanner indicating that he had no respect for the court's authority. The court therefore actedproperly in excluding respondent from the proceedings by disconnecting his telephoneconnection, and his conduct constituted a knowing and willful default (see Matter of Anita L. v Damon N., 54AD3d 630 [1st Dept 2008]; Matterof Kondratyeva v Yapi, 13 AD3d 376 [2d Dept 2004]; Matter of McConnell vMontagriff, 233 AD2d 512 [2d Dept 1996]). Accordingly, since no appeal lies from an orderentered upon the aggrieved party's default, the appeal is dismissed (see CPLR 5511;Anita L., 54 AD3d at 631). Concur—Tom, J.P., Mazzarelli, Andrias, DeGrasseand Román, JJ.