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.