MATTER OF JEFFREY M. JR.


283 A.D.2d 974 (2001)

723 N.Y.S.2d 790

In the Matter of JEFFREY M., JR., an Infant. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; JEFFREY M., Appellant.

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

Decided May 2, 2001.


Order unanimously reversed on the law with costs and petition dismissed.

Memorandum:

Family Court erred in granting the petition seeking to terminate respondent's parental rights on the ground of abandonment (see, Social Services Law § 384-b [5] [b]). In May 1997 respondent's child was removed from the custody of the child's mother, who was alleged to have permanently neglected the child. In support of the instant petition, petitioner presented...

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