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MATTER OF ANDRE W.

298 A.D.2d 206 (2002)

748 N.Y.S.2d 720

In the Matter of ANDRE W. and Others, Children Alleged to be Abandoned. HOPE IRIS W., Appellant; CATHOLIC HOME BUREAU FOR DEPENDENT CHILDREN, Respondent.

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

Decided October 15, 2002.

Testimony that respondent failed to visit her children or communicate with either the children or the agency during the six months preceding the filing of the petitions gave rise to a presumption of abandonment that respondent failed to rebut (see Social Services Law § 384-b [5] [a], [b]; Matter of Kareema Monique B., 211 A.D.2d 577, 578). Even if respondent's mother made telephone calls to the agency within the six-month...

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