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MATTER OF EMIL J.C., JR.

43 A.D.3d 710 (2007)

841 N.Y.S.2d 557

In the Matter of ELVIS EMIL J.C., JR., and Another, Children Alleged to be Abandoned and Permanently Neglected. PIUS XII YOUTH AND FAMILY SERVICES et al., Respondents; ELVIS EMIL C., Appellant.

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

Decided September 18, 2007.

The finding of abandonment was based on clear and convincing evidence that during the six months prior to the filing of the petitions, respondent father failed to contact the subject children or agency although able to do so and not prevented or discouraged from doing so by the agency (Social Services Law § 384-b [4] [b]; [5]; Matter of Anthony M., 195 A.D.2d 315 [1993]). Respondent's testimony that he made attempts to locate...

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