Opinion
November 30, 2000.
Orders of disposition, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about December 9, 1997, which, upon a fact-finding determination of abandonment, terminated respondent-appellant's parental rights to the subject children and committed custody and guardianship of the children to petitioner agency and the Commissioner of Social Services for the purposes of adoption, unanimously affirmed, without costs.
Susan Clement, for Stephanie W.
John A. Pappalardo, for respondent-appellant.
Ralph R. Carrieri, for petitioners-respondents.
Before: Sullivan, P.J., Nardelli, Ellerin, Lerner, Friedman, JJ.
Clear and convincing proof adduced at the fact-finding hearing established that appellant had abandoned her children within the meaning of Social Services Law § 384-b(4)(b) when she failed to contact either the agency or the children during the statutorily relevant six-month period. Nor is appellant's failure to communicate with petitioner agency or her children excused by her incarceration (see,Matter of Ismael A., 264 A.D.2d 647; Matter of Cora Nicola H., 276 A.D.2d 298, 2000 N Y App. Div. LEXIS 10529; Social Services Law § 384-b[b]).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.