MATTER OF EILEEN R.

508828.

79 A.D.3d 1482 (2010)

912 N.Y.S.2d 350

In the Matter of EILEEN R. and Others, Children Alleged to be Abandoned. BROOME COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; CARMINE S., Appellant.

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

Decided December 23, 2010.


McCARTHY, J.

Respondent is the father of four children who entered petitioner's care in February 2008. Petitioner commenced this abandonment proceeding in January 2009. Respondent was unable to attend the proceedings because he was incarcerated in Pennsylvania, so Family Court assigned counsel who provided representation throughout the hearing. Petitioner presented proof establishing that respondent had made no attempt to contact the children, petitioner or the foster...

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