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IN THE MATTER OF ALICIA

22 A.D.3d 384 (2005)

802 N.Y.S.2d 170

In the Matter of ALICIA M., a Child Alleged to be Abandoned. ROY C., Appellant. CARDINAL McCLOSKEY SERVICES, Respondent.

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

October 20, 2005.

Petitioner established by clear and convincing evidence that appellant abandoned his daughter, within the meaning of Social Services Law § 384-b (5) (a). Appellant admitted that, during the statutorily relevant period, he was incarcerated and did not attempt to contact his daughter or the agency. He does not claim that the agency discouraged or prevented him from such contact and has not shown that contact with the child was...

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