IN THE MATTER OF JOSEPH E.


16 A.D.3d 1148 (2005)

791 N.Y.S.2d 760

In the Matter of JOSEPH E., an Infant. HERKIMER COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; THOMAS E., Appellant.

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

March 18, 2005.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Family Court properly terminated respondent's parental rights on the ground of abandonment. A child is abandoned if his or her parent "evinces an intent to forego his or her parental rights and obligations as manifested by his or her failure to visit the child and communicate with the child or [petitioner], although able to do so and...

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