Opinion
2014-11-25
In re ZAYVION JAMEL LEWIS S., etc., A Dependent Child Under the Age of Eighteen, etc., Jason Frederick H., etc., Respondent–Appellant, The New York Foundling Hospital, Petitioner–Respondent.
Geoffrey P. Berman, Larchmont, for appellant. Daniel Gartenstein, Long Island City, for respondent.
Geoffrey P. Berman, Larchmont, for appellant. Daniel Gartenstein, Long Island City, for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Claire V. Merkine of counsel), attorney for the child.
FRIEDMAN, J.P., RENWICK, MOSKOWITZ, RICHTER, MANZANET–DANIELS, JJ.
Order, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about June 29, 2012, which, inter alia, determined that respondent father abandoned the subject child, unanimously affirmed, without costs.
Clear and convincing evidence, including respondent's own testimony, established that he abandoned his child (Social Services Law § 384–b[4][b], [5][a] ). The fact that respondent was incarcerated during the relevant time period did not excuse him from his parental obligations ( see Matter of Alicia M., 22 A.D.3d 384, 802 N.Y.S.2d 170 [1st Dept.2005] ). Petitioner agency was not required to prove that it exercised diligent efforts to reunite the family or assist respondent in establishing contact ( see Matter of Asia Sabrina N. [Olu N.], 117 A.D.3d 543, 985 N.Y.S.2d 560 [1st Dept.2014] ), nor was there any evidence indicating that the agency discouraged respondent from having contact ( see Matter of Bibianamiet L.-M. [Miledy L.N.], 71 A.D.3d 402, 897 N.Y.S.2d 39 [1st Dept.2010]; Matter of Dennisha Shavon C., 295 A.D.2d 123, 742 N.Y.S.2d 551 [1st Dept.2002] ).