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MATTER OF JOHNATHAN S.

33 A.D.3d 459 (2006)

822 N.Y.S.2d 522

In the Matter of ISAIAH JOHNATHAN S., a Child Alleged to be Abandoned. ILLIA SHANTEL S., Appellant; CATHOLIC HOME BUREAU FOR DEPENDENT CHILDREN et al., Respondents, et al., Respondent.

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

Decided October 19, 2006.

Clear and convincing evidence that respondent had no contact with the child or the agency during the six months preceding the filing of the petition raised a presumption of abandonment, which respondent failed to rebut (Social Services Law § 384-b [4] [b]; [5] [a]; see Matter of Anthony M., 195 A.D.2d 315, 315-316 [1993]). Respondent failed to show that there were circumstances rendering contact with the child or agency infeasible...

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