MATTER OF RAFAEL M.


283 A.D.2d 178 (2001)

724 N.Y.S.2d 592

In the Matter of ERIC RAFAEL M., a Child Alleged to be Abandoned. JUAN ANTONIO M., Appellant; CARDINAL McCLOSKEY SERVICES et al., Respondents.

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

Decided May 1, 2001.


Respondent, who was incarcerated throughout the six-month abandonment period (Social Services Law § 384-b [4] [b]; [5] [a]), admits no personal contact with the child or agency during that period, urging instead vicarious contact through his wife. Such contact, even if it had occurred during the abandonment period, and there is no showing that it did, does not serve to avoid a finding of abandonment (see, Matter of Keani D., 265 A.D.2d 261

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