MATTER OF TIMOTHY H.


291 A.D.2d 565 (2002)

737 N.Y.S.2d 653

In the Matter of T. TIMOTHY H., Appellant; NICHOLAS P., Respondent.

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

Decided February 25, 2002.


Ordered that the order is affirmed, with costs.

The Family Court properly determined that the father's consent to the adoption was not necessary. The petitioner established, by clear and convincing evidence, that the father evinced an intent to forego his parental rights "by his * * * failure for a period of six months to visit * * * and communicate with the child or person having legal custody of the child, although able to do so" (Domestic Relations Law § 111...

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