Opinion
May 8, 1990
Appeal from the Family Court of the State of New York, New York County (Mary E. Bednar, J.).
Petitioner has met its burden of proof by clear and convincing evidence. The child has been in foster care with the prospective adoptive parents since 1986. The record indicates that appellant had only three communications with the child for the entire period of foster care, and that appellant's mother made only one attempt at visitation, which was unsuccessful.
Sporadic and minimal attempts to maintain a parental relationship are insufficient to prevent a finding of abandonment (Matter of Lisa Marie F., 110 A.D.2d 993). Appellant's incarceration, commencing in or around August 1987, did not ipso facto toll the period of abandonment (Matter of Ulysses T., 87 A.D.2d 998 [4th Dept 1982]), and the fact of appellant's imprisonment was insufficient in this case to rebut a finding of abandonment, in light of the absence of evidence that appellant attempted to write, send gifts, telephone or otherwise maintain a relationship with the child, or the agency, during such period of incarceration.
The testimony of appellant's mother regarding her sporadic attempts to maintain contact with the child are equally unpersuasive, and it was, in any event, within the purview of the trial court to evaluate the credibility of such testimony (see, Matter of Christopher T., 156 A.D.2d 190).
In addition, appellant claims no error with respect to the Family Court's determination regarding the best interests of the child.
Concur — Murphy, P.J., Ross, Asch and Wallach, JJ.