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  5. 196 A.D.2d 773 (1993)
 

MATTER OF D.

196 A.D.2d 773 (1993)

602 N.Y.S.2d 102

In the Matter of Baby Boy D., Also Known as Sonie D., a Child Alleged to be Abandoned. Cardinal McCloskey Children's and Family Services, Appellant; Alfredo D., Respondent

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

September 28, 1993

Once petitioner had shown no contact between respondent and the child for the six month period immediately preceding commencement of the proceeding, an inference of abandonment arose, rebuttable by proof that respondent was unable to maintain contact or was discouraged from doing so by petitioner (see, Matter of Anthony M., 195 A.D.2d 315). Although Family Court improperly based its ruling in large part upon petitioner's failure...

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