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In the Matter of Anthony M

Appellate Division of the Supreme Court of New York, First Department
May 18, 2006
29 A.D.3d 404 (N.Y. App. Div. 2006)

Opinion

8551.

May 18, 2006.

Order of disposition, Family Court, Bronx County (Douglas Hoffman, J.), entered on or about November 5, 2004, which, to the extent appealed from, upon findings of abandonment, terminated respondent father's parental rights and committed custody and guardianship of the subject child to the Commissioner of Social Services of the City of New York and petitioner agency for the purpose of adoption, unanimously affirmed, without costs.

Dora M. Lassinger, East Rockaway, for appellant.

Jeremiah Quinlan, Hastings-on-Hudson, for respondent.

Tamara A. Steckler, The Legal Aid Society, New York, and Milbank, Tweed, Hadley McCloy LLP, New York (Alyssa A. Rower of counsel), Law Guardian.

Before: Buckley, P.J., Mazzarelli, Friedman, Sweeny and McGuire, JJ., concur.


Clear and convincing evidence that respondent had no contact with the child or the agency during the six months preceding the filing of the petition raised a presumption of abandonment, which he failed to rebut (Social Services Law § 384-b [b]; [5] [a]; see Matter of Anthony M., 195 AD2d 315). The court did not err in declining to conduct a dispositional hearing with respect to respondent ( see Matter of Israel R., 200 AD2d 498, 499).


Summaries of

In the Matter of Anthony M

Appellate Division of the Supreme Court of New York, First Department
May 18, 2006
29 A.D.3d 404 (N.Y. App. Div. 2006)
Case details for

In the Matter of Anthony M

Case Details

Full title:In the Matter of ANTHONY M., a Child Alleged to be Abandoned. CARMELO M.…

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

Date published: May 18, 2006

Citations

29 A.D.3d 404 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 3974
815 N.Y.S.2d 80

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