MATTER OF M.


210 A.D.2d 136 (1994)

621 N.Y.S.2d 850

In the Matter of Male M., Also Known as Kevin M., Also Known as Tyrone M., a Child Alleged to be Abandoned and/or Neglected. Carol M., Appellant; Atley G., Appellant-Respondent, and Harlem Dowling-Westside Center for Children and Family Services, Respondent-Appellant

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

December 20, 1994


Petitioner agency established by clear and convincing evidence that except for one telephone call, both respondents failed to contact the child or the agency for the six-month period immediately preceding the filing of the petition, giving rise to a presumption of abandonment that was not rebutted by the single call made by the mother four weeks before the filing of the petition without any follow-up on visits offered by the agency (see, Matter of Michael W.

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