IN THE MATTER OF CHRISTIE A.M.


57 A.D.3d 225 (2008)

869 N.Y.S.2d 35

In the Matter of CHRISTIE A.M. and Another, Children Alleged to be Abandoned. HERBERT M., Appellant; THE CHILDREN'S AID SOCIETY, Respondent.

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

December 2, 2008.


With respect to the male child, the finding of abandonment is supported by clear and convincing, indeed undisputed, evidence that during the six-month period immediately preceding the filing of the petition, respondent, who at all relevant times has been serving a lengthy prison sentence, had no contact whatsoever with that child. With respect to the female child, while there was conflicting testimony as to when and how often respondent telephoned her, Family Court, crediting...

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