Opinion
December 9, 1997
Appeal from the Family Court, Bronx County (Marjory Fields, J.).
Respondent's claim that his incarceration prevented him from communicating with the children and the agency for the statutory six-month period (Social Services Law § 384-b [b]; [5] [a]) is contradicted by his admissions that he knew the agency's name, was able to make telephone calls while in jail, and had in fact called other members of his family (see, Matter of Anthony M., 195 A.D.2d 315). Nor is the refusal of the children's foster parent to allow respondent to see or speak with the children without respondent first contacting the agency an acceptable excuse (compare, Matter of Murrell, 79 A.D.2d 866).
Concur — Sullivan, J. P., Ellerin, Wallach, Williams and Andrias, JJ.