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IN THE MATTER OF MARIE LUZ C.

6 A.D.3d 304 (2004)

775 N.Y.S.2d 305

In the Matter of MARIE LUZ C., a Child Alleged to be Abandoned. ROBERTO C., Appellant; McMAHON SERVICES FOR CHILDREN, Respondent.

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

April 22, 2004.

The finding of abandonment was based on clear and convincing evidence of appellant's failure to contact the child or agency during the six months prior to the filing of the petition, and the absence of any evidence that the agency had prevented or discouraged such contact (Social Services Law § 384-b [4] [b]; [5] [a]; Matter of Shakim Ravon B., 257 A.D.2d 547 [1999]). Appellant conceded at the hearing that he had not accepted...

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