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MATTER OF CLIFFORD W.C.

2836.

146 A.D.3d 640 (2017)

2017 NY Slip Op 00431

45 N.Y.S.3d 447

In the Matter of CLIFFORD W.C., III, a Child Alleged to be Abandoned. CLIFFORD C., Also Known as CLIFFORD W.C., II, Appellant; GRAHAM-WINDHAM SERVICES TO FAMILIES AND CHILDREN, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 24, 2017.

The father's abandonment of the child was established by clear and convincing evidence that the father failed to maintain contact with the child or with petitioner agency for at least the six-month period prior to the filing of the petition, although he was able to do so and was not discouraged from doing so by the agency (Social Services Law § 384-b [5] [a]; see Matter of Ruben J.R., 303 A.D.2d 238 [1st Dept 2003], lv denied...

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