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In re Daquan H.S. (Anonymous). Good Shepherd Servs.

Supreme Court, Appellate Division, Second Department, New York.
Jun 24, 2015
129 A.D.3d 1093 (N.Y. App. Div. 2015)

Opinion

06-24-2015

In the Matter of DAQUAN H.S. (Anonymous). Good Shepherd Services, respondent; Zeluric E. (Anonymous), appellant.

Austin I. Idehen, Jamaica, N.Y., for appellant. James M. Abramson, PLLC, New York, N.Y. (Dawn M. Orsatti of counsel), for respondent. Seymour W. James, Jr., New York, N.Y. (Tamara A. Steckler and Claire V. Merkine of counsel), attorney for the child.


Austin I. Idehen, Jamaica, N.Y., for appellant.

James M. Abramson, PLLC, New York, N.Y. (Dawn M. Orsatti of counsel), for respondent.

Seymour W. James, Jr., New York, N.Y. (Tamara A. Steckler and Claire V. Merkine of counsel), attorney for the child.

Opinion

Appeal from an order of fact-finding and disposition of the Family Court, Queens County (Marybeth Richroath, J.), dated June 12, 2014. The order, insofar as appealed from, after a fact-finding hearing, found that the father abandoned the subject child.

ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.

The Family Court correctly found that the petitioner established, by clear and convincing evidence (see Social Services Law § 384–b[3][g][i] ), that the father abandoned the subject child during the six-month period prior to the filing of the instant petition (see Social Services Law § 384–b[4][b] ). Although the father testified that he mailed letters to the petitioner and the child's foster mother during the relevant period, the Family Court's determination that the father's testimony was not credible is entitled to considerable deference unless clearly unsupported by the record (see Matter of Mekhi Kahalil G. [Ainsley M.J.], 99 A.D.3d 1003, 953 N.Y.S.2d 621 ), and we find no basis to disturb its assessment (see id.; Matter of Destiny Aaliyah K., 62 A.D.3d 708, 709, 877 N.Y.S.2d 698 ).

RIVERA, J.P., LEVENTHAL, ROMAN and HINDS–RADIX, JJ., concur.


Summaries of

In re Daquan H.S. (Anonymous). Good Shepherd Servs.

Supreme Court, Appellate Division, Second Department, New York.
Jun 24, 2015
129 A.D.3d 1093 (N.Y. App. Div. 2015)
Case details for

In re Daquan H.S. (Anonymous). Good Shepherd Servs.

Case Details

Full title:In the Matter of DAQUAN H.S. (Anonymous). Good Shepherd Services…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Jun 24, 2015

Citations

129 A.D.3d 1093 (N.Y. App. Div. 2015)
2015 N.Y. Slip Op. 5485
10 N.Y.S.3d 879