Opinion
02-07-2017
IN RE MICHAEL ANGELO D., also known as Michael B., A Dependent Child Under Eighteen Years of Age, etc., AbbyAnn D., also known as Abby Ann D., Respondent–Appellant, Sheltering Arms Children and Family Services, Inc., Petitioner–Respondent.
Dora M. Lassinger, East Rockaway, for appellant. Michael F. Linardi, New York, for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the child.
Dora M. Lassinger, East Rockaway, for appellant.
Michael F. Linardi, New York, for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the child.
TOM, J.P., RENWICK, SAXE, FEINMAN, GESMER, JJ.
Order, Family Court, New York County (Clark V. Richardson, J.), entered on or about November 19, 2015, which, upon a finding of abandonment, terminated respondent mother's parental rights to the subject child, and transferred custody and guardianship of the child to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.
The finding of abandonment was supported by clear and convincing evidence. The record demonstrates that respondent failed to communicate or visit with the child or the agency during the six months immediately preceding the filing of the petition (see Matter of Amin Enrique M., 52 A.D.3d 316, 860 N.Y.S.2d 507 [1st Dept.2008], lv. dismissed 12 N.Y.3d 792, 879 N.Y.S.2d 37, 906 N.E.2d 1071 [2009] ).
The court providently exercised its discretion in denying respondent's request for a full dispositional hearing following its finding of abandonment, as such a hearing is not statutorily required (see Matter of Keyevon Justice P. [Lativia Denice P.], 90 A.D.3d 477, 935 N.Y.S.2d 13 [1st Dept.2011] ).