MATTER OF RUBEN J.R.


303 A.D.2d 238 (2003)

757 N.Y.S.2d 10

In the Matter of RUBEN J.R., a Child Alleged to be Abandoned. RUBEN R., Appellant; CATHOLIC CHILD CARE SOCIETY, Respondent.

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

Decided March 13, 2003.


The presumption of abandonment, clearly and convincingly raised by the evidence of respondent father's failure to communicate with the child or contact the agency during the six months immediately preceding the filing of the petition (see Social Services Law § 384-b [5] [a]; Matter of Ishmael A., 264 A.D.2d 647 [1999]), was not rebutted by respondent's less than credible claim that petitioner agency discouraged him from...

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