Opinion
October 12, 1993
Appeal from the Family Court, New York County (Sheldon Rand, J.).
Petitioner agency established by clear and convincing evidence that respondent had failed to contact the child or the agency for the six month period immediately preceding the filing of the petition, giving rise to a presumption of abandonment that respondent failed to rebut (see, Matter of Anthony M., 195 A.D.2d 315). Moreover, respondent never established paternity, although advised to do so on several occasions, and gave no indication that he was prepared to accept the responsibility of providing for the child. The court also properly found that termination of parental rights so as to allow for adoption by the foster mother and father was in the best interests of the child (see, Matter of Michael W., 191 A.D.2d 287, citing Matter of Irene O., 38 N.Y.2d 776).
Concur — Carro, J.P., Rosenberger, Ross and Asch, JJ.