Opinion
March 16, 1993
Appeal from the Family Court, New York County (Ruth Jane Zuckerman, J.).
Petitioner agency established abandonment by clear and convincing evidence that respondent had failed to contact the child or the agency for six months preceding the filing of the petition (Social Services Law § 384-b), and the alleged single contact by respondent with the agency does not require a finding to the contrary (Matter of Crawford, 153 A.D.2d 108). The court also properly found, based on the credibility of the witnesses, that termination of parental rights so as to allow for adoption by the foster mother was in the best interests of the child (see, Matter of Irene O., 38 N.Y.2d 776). Respondent contends that the child should have been placed with her sister, but there is no presumption that the child's interests will be served best by return to a family member (see, Matter of Star Leslie W., 63 N.Y.2d 136, 147-148).
Concur — Sullivan, J.P., Carro, Wallach and Kupferman, JJ.