Opinion
December 19, 1995
Appeal from the Family Court, New York County (Leah Marks, J.).
Clear and convincing evidence that respondent failed to visit or communicate with the child or contact the agency for the six-month period immediately preceding the filing of the petition gave rise to a presumption of abandonment (Social Services Law § 384-b [b]; [5] [a]) that respondent failed to rebut. Respondent's claim that he believed that the child was with her mother is incredible, and his incarceration, standing alone, is not a good reason for failing to communicate with the agency ( Matter of Ulysses T., 87 A.D.2d 998, affd 66 N.Y.2d 773; Matter of Dawntal Danielle C., 170 A.D.2d 375).
Concur — Murphy, P.J., Rosenberger, Ross, Nardelli and Mazzarelli, JJ.