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In the Matter of Joseph S

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 2002
298 A.D.2d 588 (N.Y. App. Div. 2002)

Opinion

2001-09109

Argued September 27, 2002.

October 28, 2002.

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights, the father appeals from an order of the Family Court, Westchester County (Dickerson, J.), entered October 11, 2001, which, after a hearing, terminated his parental rights on the ground of abandonment.

George E. Reed, Jr., White Plains, N.Y., for appellant.

Charlene M. Indelicato, County Attorney, White Plains, N.Y. (Stacey Dolgin-Kmetz and Thomas G. Gardiner of counsel), for respondent.

Saundra Neubardt, White Plains, N.Y., Law Guardian for the child.

Before: FRED T. SANTUCCI, J.P., CORNELIUS J. O'BRIEN, LEO F. McGINITY, SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

The Supreme Court properly determined that there was clear and convincing proof of the appellant's abandonment of his child during the six-month period prior to the filing of the petition on January 16, 2001 (see Social Services Law § 384-b[b]; Matter of I.R., 153 A.D.2d 559, 560; Matter of Rose Marie M., 94 A.D.2d 734). The father failed to show good reason for his failure to contact or communicate with his son (see Matter of Charmaine T., 173 A.D.2d 625, 626).

Contrary to the father's contention, there is no evidence in the record to support the claim that he was denied the effective assistance of counsel as a result of the amount of compensation paid to his assigned counsel.

The father's remaining contentions are without merit.

SANTUCCI, J.P., O'BRIEN, McGINITY and TOWNES, JJ., concur.


Summaries of

In the Matter of Joseph S

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 2002
298 A.D.2d 588 (N.Y. App. Div. 2002)
Case details for

In the Matter of Joseph S

Case Details

Full title:IN THE MATTER OF JOSEPH S. (ANONYMOUS). WESTCHESTER COUNTY DEPARTMENT OF…

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

Date published: Oct 28, 2002

Citations

298 A.D.2d 588 (N.Y. App. Div. 2002)
748 N.Y.S.2d 684

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