Opinion
2022-00050 B-3305/19 AS-9045/19
01-06-2022
In the Matter of Isiah M.D.O. Also Known as Isiah N. Also Known As No Given Name M., A Child Under Eighteen Years of Age, etc., Good Shepherd Services, Petitioner-Respondent, Yael M.D.O., Respondent-Appellant. Appeal No. 14980 No. 2020-03047
George E. Reed, Jr., White Plains, for appellant. Geoffrey P. Berman, Larchmont, for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Claire V. Merkine of counsel), attorney for the child.
George E. Reed, Jr., White Plains, for appellant.
Geoffrey P. Berman, Larchmont, for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Claire V. Merkine of counsel), attorney for the child.
Before: Kern, J.P., Mazzarelli, Gesmer, González, Higgitt, JJ.
Order, Family Court, New York County (Patria Frias-Colon, J.), entered on or about February 24, 2020, which, upon a finding of abandonment, terminated respondent mother's parental rights to the subject child and transferred custody of the child to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.
Clear and convincing evidence that respondent had no contact with the child or the agency during the six months preceding the filing of the petition raised a presumption that she intended to forego her parental rights to the child, and respondent failed to rebut the presumption (see Social Services Law § 384-b[5][a]; Matter of Michael T.J.K. [Alicia R.], 168 A.D.3d 545 [1st Dept 2019]).
We have considered respondent's remaining arguments and find them unavailing.