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MATTER OF MARLANA

178 A.D.2d 243 (1991)

In the Matter of Janiqua Marlana B., a Child Alleged to be Abandoned. Leake & Watts Children's Home, Inc., Respondent; Janine B., Appellant

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

December 12, 1991

Respondent's failure to stay in contact with her daughter was not excused by her alleged problems with alcohol and drugs (see, Matter of I.R., 153 A.D.2d 559, 561). Nor was there any showing that the agency discouraged respondent from contacting the child. Abandonment was established by clear and convincing evidence. It is in the child's best interests to remain with the foster mother, not with respondent, whose capacity to...

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