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Matter of Amber F

Appellate Division of the Supreme Court of New York, Third Department
May 25, 2000
272 A.D.2d 788 (N.Y. App. Div. 2000)

Opinion

Decided and Entered: May 25, 2000.

Appeal from an order of the Family Court of Broome County (Hester Jr., J.), entered October 13, 1998, which granted petitioner's application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate respondent's child an abandoned child, and terminated respondent's parental rights.

Bernice R. Dozoretz, Binghamton, for appellant.

Sam Monachino, Law Guardian, Binghamton, for Amber "F";.

Before: Crew III, J.P., Peters, Carpinello, Graffeo and Mugglin, JJ.


MEMORANDUM AND ORDER


Respondent is the father of Amber "F", born in 1988, who has been in the custody of petitioner and in foster care since 1995. Following respondent's failure to maintain regular supervised visitation with the child, petitioner commenced a proceeding in May 1998 seeking to terminate respondent's parental rights pursuant to Social Services Law § 384-b based on respondent's alleged abandonment of his daughter. Finding clear and convincing evidence of abandonment subsequent to a fact-finding hearing, Family Court granted the petition. Respondent's counsel now seeks to be relieved of representing respondent on appeal on the basis that no nonfrivolous issues can be raised. Upon our review of the entire record and the briefs submitted by respondent's counsel and the child's Law Guardian, we agree that there are no nonfrivolous issues which can be raised on appeal (see, Matter of Jacque Dominic J., 264 A.D.2d 845; Matter of Ayesha Shandeia McM. [Maryann McM.], 255 A.D.2d 515).

Inasmuch as insubstantial and sporadic contact does not defeat the petition, and in light of the undisputed proof submitted to Family Court that respondent neither visited with the child nor directly inquired about her subsequent to September 24, 1997 (see, Matter of Latif HH. [James HH.], 248 A.D.2d 831, 832; Matter of Tasha B. [Raymond B.], 240 A.D.2d 778, 779-780; Matter of Regina WW. [Ramon XX.], 182 A.D.2d 920), counsel's application to be relieved of her assignment is granted (see, Anders v. California, 386 U.S. 738; see generally, Matter of Amber EE. [Thomas FF.], 245 A.D.2d 895; Matter of Dart v. Howell, 237 A.D.2d 825).

Crew III, J.P., Peters, Carpinello and Mugglin, JJ., concur.

ORDERED that the order is affirmed, without costs, and application to be relieved of assignment granted.


Summaries of

Matter of Amber F

Appellate Division of the Supreme Court of New York, Third Department
May 25, 2000
272 A.D.2d 788 (N.Y. App. Div. 2000)
Case details for

Matter of Amber F

Case Details

Full title:In the Matter of AMBER "F", Alleged to be an Abandoned Child. BROOME…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 25, 2000

Citations

272 A.D.2d 788 (N.Y. App. Div. 2000)
708 N.Y.S.2d 919

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