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Matter of Joryi N

Appellate Division of the Supreme Court of New York, Second Department
Mar 19, 2001
281 A.D.2d 548 (N.Y. App. Div. 2001)

Opinion

Submitted February 16, 2001.

March 19, 2001.

In two related proceedings pursuant to Social Services Law § 384-b to terminate parental rights, the father appeals from two orders of disposition (one as to each child) of the Family Court, Queens County (DePhillips, J.), both dated August 4, 1998, which, after a fact-finding hearing, terminated his parental rights on the ground of abandonment, and transferred custody and guardianship of the subject children to the Commissioner of the Administration for Children's Services for the purposes of adoption.

Matthew M. Lupoli, Flushing, N.Y., for appellant.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Edward F. X. Hart and Jane L. Gordon of counsel), for respondent.

Monica Drinane, New York, N.Y. (Joy S. Rosenthal and Carol Hochberg of counsel), Law Guardian for the children.

Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the orders of disposition are affirmed, without costs or disbursements.

Contrary to the father's contention, the evidence adduced at the fact-finding hearing established, by clear and convincing evidence, that he had abandoned the children for the period of six months immediately prior to the filing of the petitions (see, Social Services Law § 384-b[a]; Matter of I.R., 153 A.D.2d 559; Matter of V. (Anonymous), Akram Salim, 277 A.D.2d 391 [2d Dept., Nov. 20, 2000]). Moreover, since he offered no evidence tending to show that the agency discouraged contact between him and the children, he failed to overcome the presumption of abandonment (see, Matter of Anthony M., 195 A.D.2d 315; see also, Matter of R. (Anonymous), Alexa Roy, 276 A.D.2d 703).

The father's remaining contentions are without merit.


Summaries of

Matter of Joryi N

Appellate Division of the Supreme Court of New York, Second Department
Mar 19, 2001
281 A.D.2d 548 (N.Y. App. Div. 2001)
Case details for

Matter of Joryi N

Case Details

Full title:IN THE MATTER OF JORYI N. (ANONYMOUS). COMMISSIONER OF THE ADMINISTRATION…

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

Date published: Mar 19, 2001

Citations

281 A.D.2d 548 (N.Y. App. Div. 2001)
721 N.Y.S.2d 821

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