Opinion
2001-10431
Argued October 16, 2003.
November 10, 2003.
In a proceeding pursuant to Social Services Law § 384-b to terminate the father's parental rights, the father appeals from an order of disposition of the Family Court, Queens County (Hunt, J.), dated October 19, 2001, which, after a fact-finding hearing, terminated his parental rights on the ground of abandonment without conducting a dispositional hearing.
Daniel P. Moskowitz, Jamaica, N.Y., for appellant.
John R. Eyerman, New York, N.Y., for respondent.
Monica Drinane, New York, N.Y. (Thomas S. Hur and Susan Clement of counsel), Law Guardian for the child.
Before: NANCY E. SMITH, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The Family Court properly determined that there was clear and convincing evidence of the father's abandonment of his child during the six-month period before the filing of the petition ( see Social Services Law § 384-b[b]; Matter of I. R., 153 A.D.2d 559, 560). The father's contact with his child was insufficient to defeat the presumption of abandonment ( see Matter of Kerry J., 288 A.D.2d 221; Matter of Nahiem G., 241 A.D.2d 632, 633). Furthermore, we find no reason to disturb the Family Court's assessment of the witnesses' credibility ( see Matter of Jasmine T., 162 A.D.2d 756).
The Family Court acted within its discretion in terminating the father's parental rights without first conducting a dispositional hearing ( see Matter of Tashara B., 299 A.D.2d 356).
SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.