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IN THE MATTER OF KIMBERLY Y. ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES

9 A.D.3d 412 (2004)

779 N.Y.S.2d 369

In the Matter of KIMBERLY Y. ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; ERNEST Y., Appellant. (Proceeding No. 1.) In the Matter of RUTH Y. ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; ERNEST Y., Appellant. (Proceeding No. 2.)

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

July 12, 2004.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the father's contention, the evidence adduced at the hearing established, by clear and convincing evidence, that he had abandoned the children for the period of six months immediately prior to filing the petition (see Social Services Law § 384-b [5] [a]; Matter of Kerry J., 288 A.D.2d 221 [2001]). The father failed to contact the agency...

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