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MATTER OF BENJAMIN R.

283 A.D.2d 231 (2001)

724 N.Y.S.2d 837

In the Matter of MICHAEL BENJAMIN R., a Child Alleged to be Permanently Neglected and/or Abandoned. IDELLA R., Appellant; NEW YORK FOUNDLING HOSPITAL, Respondent.

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

Decided May 10, 2001.

Clear and convincing evidence supports the findings of both abandonment (see, Matter of Baby Boy B., 262 A.D.2d 9) and permanent neglect (see, Matter of Robert R., 276 A.D.2d 335), and a preponderance of the evidence supports the finding that it is in the child's best interests to be adopted by the foster family with whom he has lived since infancy (see, Matter of Rodney D.,

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