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MATTER OF MIGUEL C.

299 A.D.2d 302 (2002)

749 N.Y.S.2d 728

In the Matter of MIGUEL C. and Others, Children Alleged to be Abandoned and/or Permanently Neglected. LUIS C., Also Known as LOUIS R., Also Known as RAFAEL S., Appellant; CONCORD FAMILY SERVICES, INC., Respondent, et al., Respondent.

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

Decided November 26, 2002.

Respondent's uncorroborated testimony that he made two telephone calls to the children's foster parent in unsuccessful attempts to communicate with the children while in prison does not rebut the presumption of abandonment raised by his failure to communicate with the children or the agency during the six months immediately prior to the filing of the petitions (Social Services Law § 384-b [4] [b]; [5] [a]; Matter of Cora Nicola H., 276 A.D.2d...

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