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MATTER OF ENRIQUE M., JR.

52 A.D.3d 316 (2008)

860 N.Y.S.2d 507

In the Matter of AMIN ENRIQUE M., JR. and Another, Children Alleged to be Abandoned. AMIN M., Appellant; LEAKE AND WATTS SERVICES, INC., Respondent.

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

Decided June 12, 2008.

The findings of abandonment are supported by clear and convincing evidence. Respondent failed to communicate with the children or the agency during the six months immediately preceding the filing of the amended petitions, and admittedly had not contacted them since the children came into petitioner's care in 2004. This gave rise to a presumption of abandonment (Social Services Law § 384-b [5] [a]), which respondent failed to...

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