Opinion
February 2, 1995
Appeal from the Family Court, New York County (Leah Marks, J.).
Clear and convincing evidence established that respondent had abandoned his child where he failed to contact her or the agency for the six month period immediately prior to the filing of the petition (Social Services Law § 384-b [b]). Since undisputed evidence was presented that respondent substantially failed to comply with his obligations under the suspended judgment, including drug testing, psychological evaluation and parenting classes, the court properly revoked the suspended judgment (Matter of Israel R., 200 A.D.2d 498). Since the testimonial evidence was contradictory, credibility was for the court to assess and its assessment is entitled to the greatest respect (Matter of Irene O., 38 N.Y.2d 776, 777). The evidence at the dispositional hearing supported the finding that the best interests of the child required the termination of parental rights and that she be freed for adoption, even where such finding resulted in the separation of siblings (Matter of Shaka Efion C., 204 A.D.2d 740).
The court properly exercised its discretion in denying vacatur of the finding of abandonment made following an inquest since respondent did not timely file his motion to vacate (CPLR 5015 [a] [1]) and did not establish either a valid excuse for his nonappearance or a meritorious defense (Matter of Male H., 179 A.D.2d 384). The court also properly rejected as unsupported respondent's contention that he had received ineffective assistance of counsel where the evidence revealed that he had received meaningful representation (see, People v. Baldi, 54 N.Y.2d 137).
Concur — Wallach, J.P., Rubin, Kupferman and Tom, JJ.