Opinion
April 28, 1986
Appeal from the Surrogate's Court, Richmond County (D'Arrigo, S.).
Order affirmed, without costs or disbursements.
The Surrogate found that the petitioner proved, by clear and convincing evidence (see, Santosky v. Kramer, 455 U.S. 745) that the natural mother had abandoned the child in that she failed to visit him or communicate with the appropriate agencies for a period in excess of six months prior to the filing of the petition in this proceeding (Social Services Law § 384-b [b]; [5] [a]). This finding is supported by the evidence adduced at the hearing, and involves the assessment of the relative credibility of various witnesses; hence, it should not be disturbed on appeal. Moreover the natural mother failed to adduce evidence sufficient to establish that her failure to contact either the child or the appropriate agencies was a result of circumstances which made it impossible for her to do so (see, Matter of Catholic Child Care Socy. [Danny R.], 112 A.D.2d 1039, 1040; Matter of Ulysses T., 87 A.D.2d 998, affd 66 N.Y.2d 773). Accordingly, the order under review should be affirmed. Rubin, J.P., Lawrence, Eiber and Spatt, JJ., concur.