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MATTER OF O.

253 A.D.2d 701 (1998)

678 N.Y.S.2d 12

In the Matter of Precious Trenee O., Also Known as Precious W., a Child Alleged to be Abandoned. Timothy W., Appellant; Commissioner of Social Services, Respondent

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

September 24, 1998

We agree with Family Court that there was clear and convincing proof of respondent's abandonment of his daughter for six months prior to the filing of the instant petition on August 16, 1995 (see, Social Services Law § 384-b [4] [b]). Although respondent may not have been aware of the foster parents' address and may not have been able to reach them by telephone, his incarceration did not prevent him from communicating...

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