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Matter of Little Flower v. Tracy

Appellate Division of the Supreme Court of New York, Second Department
Dec 11, 1995
222 A.D.2d 507 (N.Y. App. Div. 1995)

Opinion

December 11, 1995

Appeal from the Family Court, Queens County (Schindler, J.).


Ordered that the order is affirmed, without costs or disbursements.

The Family Court properly terminated the father's parental rights. The petitioner established by clear and convincing evidence that the father had failed to visit the child or to communicate with the child or with the petitioner during the six-month period immediately prior to the date on which the petition was filed (see, Social Services Law § 384-b [a]). In addition, the father did not show good reason for his failure (see, Matter of Charmaine T., 173 A.D.2d 625, 626). The father's incarceration did not relieve him of the obligation to maintain contact with the child (see, Matter of I.R., 153 A.D.2d 559).

The Family Court acted within its discretion by terminating the father's parental rights without first conducting a dispositional hearing (see, Matter of Joyce T., 65 N.Y.2d 39; Matter of St. Vincent's Servs. v Donald D., 205 A.D.2d 785). Miller, J.P., O'Brien, Pizzuto and Krausman, JJ., concur.


Summaries of

Matter of Little Flower v. Tracy

Appellate Division of the Supreme Court of New York, Second Department
Dec 11, 1995
222 A.D.2d 507 (N.Y. App. Div. 1995)
Case details for

Matter of Little Flower v. Tracy

Case Details

Full title:In the Matter of LITTLE FLOWER CHILDREN'S SERVICES, on Behalf of FEMALE…

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

Date published: Dec 11, 1995

Citations

222 A.D.2d 507 (N.Y. App. Div. 1995)
635 N.Y.S.2d 250

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