Opinion
November 13, 2000.
Appeal from Order of Erie County Family Court, Townsend, J. — Terminate Parental Rights.
PRESENT: PIGOTT, JR., P. J., WISNER, KEHOE AND BALIO, JJ.
Order unanimously affirmed without costs.
Memorandum:
Family Court properly terminated respondent's parental rights pursuant to Social Services Law § 384-b (4) (b) on the ground of abandonment. Respondent contends that his contact with his children ended only because of his incarceration and that petitioner failed to make a diligent effort to locate him in prison. ";Incarceration does not excuse a parent from establishing or maintaining contact with a child" ( Matter of Anthony M., 195 A.D.2d 315, 316). Respondent failed to rebut the presumption of abandonment ( see, Social Services Law § 384-b [a]). "Contrary to respondent's contention, petitioner was not required to show that it made diligent efforts to encourage respondent to maintain contact with his [children] in order to prevail on the abandonment petition" ( Matter of Christina S., 251 A.D.2d 982, 983; see, Social Services Law § 384-b [b]; Matter of Erica C., 257 A.D.2d 445, 446). Even if petitioner had been aware of respondent's incarceration, it was not "obligated to contact [respondent] and initiate efforts to encourage his parental relationship with [his children]" ( Matter of Shakim Ravon B., 257 A.D.2d 547).