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MATTER OF SHAVON C.

295 A.D.2d 123 (2002)

742 N.Y.S.2d 551

In the Matter of DENNISHA SHAVON C., a Child Alleged to be Abandoned. WALTER T., Appellant; ST. CHRISTOPHER'S-JENNIE CLARKSON CHILD CARE SERVICES, INC., et al., Respondents.

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

Decided June 4, 2002.

Clear and convincing evidence that respondent had no contact with the child or the agency during the six months preceding the filing of the petition raised a presumption of abandonment that respondent failed to rebut (Social Services Law § 384-b [4] [b]; [5] [a]). It was not necessary to petitioner's prima facie case to show that during the relevant period it made diligent efforts to locate respondent, who was in prison; rather...

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