MATTER OF C.


222 A.D.2d 298 (1995)

636 N.Y.S.2d 11

In the Matter of Crystal C., a Child Alleged to be Abandoned. St. Joseph's Children's Services, Respondent; Gary C., Appellant

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

December 19, 1995


Clear and convincing evidence that respondent failed to visit or communicate with the child or contact the agency for the six-month period immediately preceding the filing of the petition gave rise to a presumption of abandonment (Social Services Law § 384-b [4] [b]; [5] [a]) that respondent failed to rebut. Respondent's claim that he believed that the child was with her mother is incredible, and his incarceration, standing alone,

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