Opinion
October 10, 1995
Appeal from the Family Court, Kings County (Ambrosio, J.).
Ordered that the order is affirmed, without costs or disbursements.
The petitioner established by clear and convincing evidence that the mother failed to communicate or visit with the child or to communicate with the agency during the six-month period immediately prior to the date on which the petition was filed (see, Social Services Law § 384-b [a]). In addition, the mother failed to show good reason for the failure to visit or communicate (see, Matter of Charmaine T., 173 A.D.2d 625, 626). Neither the mother's incarceration nor drug use relieved her of the obligation to maintain contact (see, Matter of I.R., 153 A.D.2d 559). Finally, the Family Court acted within its discretion by immediately terminating the mother's parental rights without holding a dispositional hearing (see, Matter of Joyce T., 65 N.Y.2d 39; Matter of St. Vincent's Servs. [Donna D.] v. Donald D., 205 A.D.2d 785). O'Brien, J.P., Joy, Altman and Florio, JJ., concur.