Opinion
April 22, 1996
Appeal from the Family Court, Kings County (Tejada, J., Esquirol, J.).
Ordered that the appeal from the fact-finding order is dismissed, without costs or disbursements, as that order was superseded by the order of disposition; and it is further,
Ordered that the order of disposition is affirmed, without costs or disbursements.
The Family Court properly determined that there was clear and convincing proof of the father's abandonment of his child prior to the filing of the petition on March 7, 1988 ( see, Social Services Law § 384-b [b]). The father's incarceration did not prevent him from otherwise contacting his child or the petitioner via telephone or by letter ( see, Matter of Orange County Dept. of Social Servs. [Christine S.], 203 A.D.2d 367; Matter of Anthony M., 195 A.D.2d 315; Matter of Dawntal Danielle C., 170 A.D.2d 375).
The father's remaining contentions are without merit. Balletta, J.P., Santucci, Krausman and Florio, JJ., concur.