Opinion
September 29, 2000.
Appeal from Order of Erie County Family Court, Szczur, J. — Terminate Parental Rights.
PRESENT: PIGOTT, JR., P. J., PINE, WISNER, KEHOE AND BALIO, JJ.
Order unanimously affirmed without costs.
Memorandum:
Petitioner established by clear and convincing evidence that respondent abandoned his two children ( see, Social Services Law § 384-b [b]; [5] [a]; Matter of Matthew YY., ___ A.D.2d ___ [decided July 13, 2000]). Although respondent testified that he repeatedly attempted to contact the children while he was in prison, his testimony was contradictory, thereby raising a credibility issue to be determined by Family Court ( see, Matter of Ashton, 254 A.D.2d 773, lv denied 92 N.Y.2d 817; Matter of Ariel C., 248 A.D.2d 976, lv denied 92 N.Y.2d 801; see also, Matter of Irene O., 38 N.Y.2d 776, 777). The court's determination is supported by the record and we see no reason to disturb it. The record does not support the contention of respondent that petitioner discouraged him from contacting his children ( see, Matter of Howard R., Jr., 258 A.D.2d 893, 894).