Opinion
2000-08592
Submitted April 1, 2003.
April 21, 2003.
In a proceeding pursuant to Social Services Law 384-b to terminate parental rights on the grounds of permanent neglect and abandonment, the father appeals from an order of fact-finding and disposition (one paper) of the Family Court, Kings County (Porzio, J.), dated June 26, 2000, which, after fact-finding and dispositional hearings, found that he permanently neglected and abandoned the subject child, terminated his parental rights, and transferred custody and guardianship rights jointly to the petitioner and the Commissioner of Social Services of the City of New York for the purpose of adoption.
Robert E. Nicholson, Brooklyn, New York, N.Y., for appellant.
Cynthia W. Rountree, New York, N.Y. (Veronica C. Odom of counsel), for respondent.
Monica Drinane, New York, N.Y. (Judith Waksberg of counsel), Law Guardian for the child.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, ROBERT W. SCHMIDT, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.
The Family Court properly determined that there was clear and convincing evidence of the father's abandonment of the child based on his failure to contact the child or communicate with the petitioner agency during the six-month period before the filing of the petition (see Social Services Law 384-b [b], [5] [a]). The father did not establish that he was unable to contact either the child or the agency during that period (see Matter of Julius P., 63 N.Y.2d 477; Matter of St. Christopher-Ottillie v. Troy Donnell M., 210 A.D.2d 233; Matter of Trudell W., 119 A.D.2d 828). In light of this determination, we need not address the issue of permanent neglect.
Furthermore, the Family Court properly determined that the child's best interests would be served by terminating the father's parental rights and freeing the child for adoption (see Family Court Act §§ 623, 631; Matter of Star Leslie W., 63 N.Y.2d 136; Matter of Messiah Quwan D., 288 A.D.2d 383; Matter of Desire Star H., 202 A.D.2d 582).
RITTER, J.P., S. MILLER, SCHMIDT and ADAMS, JJ., concur.