MATTER OF NICOLA H.


276 A.D.2d 298 (2000)

714 N.Y.S.2d 19

In the Matter of CORA NICOLA H., a Child Alleged to be Abandoned. GWENDOLYN H., Appellant; NEW YORK FOUNDING HOSPITAL et al., Respondents.

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

Decided October 10, 2000.


Clear and convincing proof adduced at the fact-finding hearing established that appellant had abandoned her child within the meaning of Social Services Law § 384-b (4) (b). Although appellant was incarcerated for part of the statutorily relevant six-month period and the agency did not attempt to contact her during her period of incarceration, that circumstance does not excuse appellant's failure to communicate with petitioner agency or, indeed, with her child (see...

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