Opinion
December 12, 1991
Appeal from the Family Court, New York County (Michael Gage, J.).
Respondent's failure to stay in contact with her daughter was not excused by her alleged problems with alcohol and drugs (see, Matter of I.R., 153 A.D.2d 559, 561). Nor was there any showing that the agency discouraged respondent from contacting the child. Abandonment was established by clear and convincing evidence. It is in the child's best interests to remain with the foster mother, not with respondent, whose capacity to assume parental responsibility is in doubt. We have considered respondent's remaining contentions and find them to be without merit.
Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Smith, JJ.