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IN THE MATTER OF DEVIN XX

20 A.D.3d 639 (2005)

797 N.Y.S.2d 661

In the Matter of DEVIN XX., a Child Alleged to be Abandoned. CHEMUNG COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; RANDOLPH XX., Appellant.

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

July 7, 2005.

Spain, J.

Devin was placed in foster care following his February 2003 birth upon his mother's surrender of her parental rights. Respondent, incarcerated at the time, was then informed by petitioner that his child had been born. The child has remained with the same foster family ever since. In January 2004, a petition was filed to terminate respondent's parental rights on the ground of abandonment. Following a fact-finding hearing, Family Court found that petitioner...

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