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MATTER OF ANNETTE B.

4 N.Y.3d 509 (2005)

829 N.E.2d 661

796 N.Y.S.2d 569

In the Matter of ANNETTE B. ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; JOSEPH B., Appellant.

Court of Appeals of the State of New York.

Decided May 3, 2005.

Attorney(s) appearing for the Case

Neal D. Futerfas, White Plains, for appellant.

Susan M. Damplo, Ardsley, for Annette B., respondent.

David Darwin, Acting County Attorney, Goshen (Stephen Toole and Peter R. Schwarz of counsel), for Orange County Department of Social Services, respondent.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

R.S. SMITH, J.

The issue is whether there was legally sufficient evidence to support Family Court's finding, affirmed by the Appellate Division, that Joseph B. abandoned his daughter, Annette B. We hold that there was.

This case is difficult because, although Joseph received proper notice of this proceeding, the Department of Social Services (DSS) failed to give him notice of two previous, related proceedings in which he was...

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