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MATTER OF ANTHONY I.

61 A.D.3d 1320 (2009)

877 N.Y.S.2d 520

In the Matter of ANTHONY I., a Child Alleged to be Abandoned. ALBANY COUNTY DEPARTMENT FOR CHILDREN, YOUTH AND FAMILIES, Respondent; D'SHAWN I., Appellant.

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

Decided April 30, 2009.

Spain, J.

In March 2008, petitioner commenced this proceeding to terminate respondent's parental rights to his son (born in 2007) who has been in petitioner's custody since his birth. At the time of the May 2008 fact-finding hearing, respondent had been incarcerated at the Albany County jail since August 2007. Following the hearing, Family Court sustained the petition, adjudged the child to be abandoned and terminated respondent...

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