MATTER OF AMOR S.


50 A.D.3d 8 (2008)

856 N.Y.S.2d 35

In the Matter of MEDINA AMOR S. and Another, Children Alleged to be Abandoned. OMAR S., Appellant; GRAHAM WINDHAM SERVICES TO FAMILIES, Respondent.

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

January 10, 2008.


Attorney(s) appearing for the Case

George E. Reed, Jr., White Plains, for appellant.

Carrieri & Carrieri, P.C., Mineola (Ralph R. Carrieri of counsel), for respondent.

Law Office of Kenneth M. Tuccillo, Hastings-on-Hudson (Kenneth M. Tuccillo of counsel, Law Guardian for Medina Amor S.

Frederic P. Schneider, New York City, Law Guardian for Omar A.

SAXE, J.P., MARLOW and WILLIAMS, JJ., concur.


OPINION OF THE COURT

SWEENY, J.

The issue in this case is whether petitioner agency proved by clear and convincing evidence that respondent had abandoned his children. For the reasons cited herein, we determine that it did not.

The children in question, Omar and Medina, were placed in petitioner's foster care on June 5, 2000. Their birth mother's drug use was the catalyst for the placement. Her whereabouts are unknown and she was not present at any...

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