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MATTER OF CLARENCE

213 A.D.2d 294 (1995)

623 N.Y.S.2d 876

In the Matter of Charles Clarence C. and Others, Children Alleged to be Abandoned. Astor Home for Children, Respondent; Leisa C. H., Appellant

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

March 23, 1995

The Family Court properly found that respondent failed to visit or communicate with her children or contact the subject agency for a period in excess of six months prior to the filing of the petition, thus giving rise to a presumption of abandonment (Matter of Amanda Maying J., 208 A.D.2d 398). Respondent failed to rebut this presumption. Her testimony regarding telephoning the children and sending them birthday cards on one occasion...

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