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In re Ezri

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 2010
71 A.D.3d 472 (N.Y. App. Div. 2010)

Opinion

No. 2322.

March 11, 2010.

Order, Family Court, Bronx County (Douglas E. Hoffman, J.), entered on or about November 12, 2008, which, upon a finding of abandonment, terminated respondent mother's parental rights to the subject child and determined that her consent was not required for the child's adoption by petitioner stepmother, unanimously affirmed, without costs.

Dora M. Lassinger, East Rockaway, for appellant.

Goetz L. Vilsaint, Bronx, for respondent.

Steven N. Feinman, White Plains, Law Guardian.

Before: Gonzalez, P.J., DeGrasse, Freedman, Manzanet-Daniels and Román, JJ.


The finding of abandonment is supported by clear and convincing evidence of "a purposeful ridding of parental obligations and the foregoing of parental rights — a withholding of interest, presence, affection, care and support" ( see Matter of Corey L. v Martin L., 45 NY2d 383, 391). Respondent admitted that she failed to contact, visit, call or provide support for the child during the six months preceding the filing of the petition. She also admitted that the child's father, with whom the child has resided since May 2002, did not discourage contact during this time period. Moreover, although respondent has experience with court proceedings, she took no steps to enforce her parental rights or to obtain visitation until after the adoption petition was filed.


Summaries of

In re Ezri

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 2010
71 A.D.3d 472 (N.Y. App. Div. 2010)
Case details for

In re Ezri

Case Details

Full title:In the Matter of EZRI, a Child Alleged to be Abandoned. KIMBERLY F.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 11, 2010

Citations

71 A.D.3d 472 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 1878
896 N.Y.S.2d 333