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MATTER OF SALMA M.

294 A.D.2d 198 (2002)

744 N.Y.S.2d 3

In the Matter of SALMA M. and Others, Children Alleged to be Abandoned. HERMAN CARLEE M., Appellant; MIRACLE MAKERS, INC., et al., Respondents.

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

Decided May 16, 2002.

Respondent failed to overcome the presumption of abandonment raised by his failure to communicate with the children or agency during the six-month period immediately preceding the filing of the petition (Social Services Law § 384-b [5] [a]). Incarceration does not, by itself, excuse such failure (Matter of Anthony M., 195 A.D.2d 315), and respondent's testimony that the conditions of his confinement were such as to make it impossible...

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