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MATTER OF KEANI D.

265 A.D.2d 261 (1999)

696 N.Y.S.2d 166

In the Matter of KEANI D. and Others, Children Alleged to be Abandoned. GREGORY A., Appellant; FORESTDALE, INC., Respondent, et al., Respondent.

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

Decided October 28, 1999.

Clear and convincing proof adduced at the fact-finding hearing established that respondent had abandoned his children within the meaning of Social Services Law § 384-b (4) (b). Although respondent was incarcerated during the statutorily relevant six-month period, that circumstance does not excuse his failure to communicate with petitioner agency or, indeed, with his children (see, Matter of New York Foundling Hosp. v Consuela...

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