Opinion
January 26, 1995
Appeal from the Family Court, New York County (Ruth Zuckerman, J.).
Testimony that respondent failed to contact the child or the agency for the six month period immediately preceding the filing of the petition, though able to do so, gave rise to a presumption of abandonment that respondent failed to rebut (Matter of Anthony M., 195 A.D.2d 315, 315-316). Respondent was not prevented from visiting or communicating with the child during this time period. The court properly rejected respondent's argument that a third party acted as her "agent" in communicating with the agency where it was established that respondent was at liberty at that time and could have called herself. Lastly, the court properly found that the termination of parental rights to allow for adoption by the foster mother was in the best interests of the child.
Concur — Sullivan, J.P., Ellerin, Kupferman and Williams, JJ.