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IN THE MATTER OF ADAMS H.

28 A.D.3d 213 (2006)

812 N.Y.S.2d 80

In the Matter of ADAMS H., Also Known as ADAM F., a Child Alleged to be Abandoned. JAMES H., Appellant. SEAMEN'S SOCIETY FOR CHILDREN AND FAMILIES, Respondent.

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

April 4, 2006.

We disagree with the court's finding, made at the close of the fact-finding hearing, that petitioner proved by clear and convincing evidence that respondent had abandoned the child during the six-month period prior to the filing of the petition, and accordingly reverse.

Respondent, his aunt, and the foster mother testified consistently that respondent's visits with the child occurred at the aunt's home at least one or two weekends a month during the

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