Opinion
July 9, 1982
Appeal from the Onondaga County Family Court, Sardino, J.
Present — Hancock, Jr., J.P., Doerr, Denman, Boomer and Schnepp, JJ.
Order unanimously affirmed, without costs. Memorandum: Following a hearing respondent's parental rights were terminated pursuant to subdivision 5 of section 384-b Soc. Serv. of the Social Services Law. In view of her own admission that she has not visited with nor contacted her son in several years, there was "clear and convincing" proof of abandonment ( Santosky v. Kramer, 455 U.S. 745). We find no merit to respondent's constitutional claims; abandonment and neglect apply to two different situations, thus justifying different treatment (see Matter of Ulysses T., 87 A.D.2d 998).