MATTER OF LYNNE C.


40 A.D.3d 469 (2007)

836 N.Y.S.2d 176

In the Matter of BROOKE LYNNE C., a Child Alleged to be Abandoned. MARIA C., Appellant; NEW YORK FOUNDLING HOSPITAL, as Successor Agency to LAKESIDE FAMILY AND CHILDREN'S SERVICES, Respondent.

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

Decided May 24, 2007.


Clear and convincing evidence that respondent mother failed to visit or communicate with the child or contact the agency for a period of six months prior to the filing of the petition raised a presumption of abandonment, which respondent failed to rebut (see Social Services Law § 384-b [4] [b]; [5] [a]; Matter of Stefanie Judith N., 27 A.D.3d 403 [2006]). Contrary to respondent's appellate arguments, a showing of diligent...

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