From Casetext: Smarter Legal Research

Matter of N.Y. Foundling Hospital v. Consuela

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 343 (N.Y. App. Div. 1995)

Opinion

November 6, 1995

Appeal from the Family Court, Queens County (Sparrow, J.).


Ordered that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

The Family Court properly determined that there was clear and convincing proof that the appellant abandoned her daughter prior to the filing of the petition on May 6, 1993 (see, Social Services Law § 384-b [b]). The appellant's incarceration did not prevent her from otherwise contacting her child or the New York Foundling Hospital via telephone or by letter (see, Matter of Orange County Dept. of Social Servs. [Christine S.], 203 A.D.2d 367; Matter of Anthony M., 195 A.D.2d 315; Matter of Dawntal Danielle C., 170 A.D.2d 375).

We find no merit to the appellant's contention that she was not afforded the effective assistance of counsel (see, Matter of A. Children, 189 A.D.2d 872; Matter of Erin G., 139 A.D.2d 737).

The appellant's remaining contentions are either unpreserved for appellate review or without merit. Joy, J.P., Hart, Goldstein and Florio, JJ., concur.


Summaries of

Matter of N.Y. Foundling Hospital v. Consuela

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 343 (N.Y. App. Div. 1995)
Case details for

Matter of N.Y. Foundling Hospital v. Consuela

Case Details

Full title:In the Matter of NEW YORK FOUNDLING HOSPITAL, Respondent, v. CONSUELA G.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 6, 1995

Citations

221 A.D.2d 343 (N.Y. App. Div. 1995)
633 N.Y.S.2d 371

Citing Cases

Matter of Precious Trenee O

Appeal from the Family Court, New York County (Sara Schechter, J.). We agree with Family Court that there was…

Matter of Howard R.

It is undisputed that respondent failed to contact either child for the six-month period from May 5 through…