Summary
In Matter of Ronald D. (282 AD2d 533 [2d Dept 2001]), the appellate court upheld a Family Court order which terminated the appellant's parental rights.
Summary of this case from People v. WhiteOpinion
Argued March 13, 2001.
April 5, 2001.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights, the father appeals from an order of the Family Court, Orange County (McGuirk, J.), entered March 24, 1999, which, after a fact-finding hearing, terminated his parental rights on the ground of abandonment.
Charles D. Onofry, Port Jervis, N.Y., for appellant.
Richard B. Golden, Goshen, N.Y. (Christine Foy-Stage of counsel), for respondent.
Paul L. Marks, Middletown, N.Y., Law Guardian for the child.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The Supreme Court properly determined that there was clear and convincing proof that the appellant abandoned his son during the six-month period prior to the filing of the petition on April 24, 1998 (see, Social Services Law § 387-b[5][b]; Matter of I.R., 153 A.D.2d 559, 560; Matter of Rose Marie M., 94 A.D.2d 734). The appellant's one contact with his son during the time the appellant was incarcerated was insufficient to avoid the termination of his parental rights (see, Matter of Ravon Paul H., 161 A.D.2d 257; Matter of Crawford, 153 A.D.2d 108; Matter of Michael David K., 78 A.D.2d 901). In addition, the appellant failed to establish good cause for his failure to contact or communicate with his son (see, Matter of Charmaine T., 173 A.D.2d 625, 626). Neither the order of protection which directed the appellant to stay away from his son, nor the appellant's incarceration, prevented him from otherwise contacting his son or the foster care agency by telephone or by letter (see, Matter of Anthony M., 195 A.D.2d 315; Matter of Dawntal Danielle C., 170 A.D.2d 375; Matter of Thomas G., 165 A.D.2d 729; Matter of I.R., supra.; Matter of Ulysses T., 87 A.D.2d 998).