MATTER OF CHILDREN


234 A.D.2d 5 (1996)

650 N.Y.S.2d 552

In the Matter of The McM. Children, Alleged to be Neglected. Herman McM., Appellant; Commissioner of Social Services, Respondent

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

December 3, 1996


A preponderance of the evidence demonstrates that respondent, presently incarcerated for sexual and physical abuse of the children, had abandoned the children under Social Services Law § 384-b (5) by failing to write to them for over a year although able to do so, and thereby had neglected them under Family Court Act § 1012 (f) (ii) (see, Matter of Shaniqua L., 193 A.D.2d 370

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