Opinion
May 25, 1999
Appeal from the Family Court, Bronx County (Rhoda Cohen, J.).
We agree with Family Court that petitioner agency proved by clear and convincing evidence, including the testimony of the agency supervisor and the progress notes of the caseworker who had been assigned to the case during the relevant period of time, that respondent, although able to do so, failed to contact or visit with her children or with the agency for a period of more than six months immediately preceding the filing of the instant petitions. The court's determination that respondent's testimony was not credible, as it bore upon her attempts to see and communicate with the subject children during the relevant time period, had ample basis in the record, and should not be disturbed on appeal ( see, Matter of Irene O., 38 N.Y.2d 776, 777; Matter of Charles Clarence C., 213 A.D.2d 294). Contrary to respondent's argument, Family Court's decision not to hold a formal dispositional hearing was proper under the circumstances ( see, Matter of St. Christopher-Ottilie [Ricarte Angel C.] v. Awilda C., 220 A.D.2d 514).
Concur — Nardelli, J. P., Wallach, Lerner, Andrias and Buckley, JJ.