MATTER OF THOREAU E.

8755.

170 A.D.3d 551 (2019)

94 N.Y.S.3d 840

2019 NY Slip Op 02157

In the Matter of Toussaint Thoreau E., a Child Alleged to be Abandoned. Allen E., Appellant, et al., Petitioner.

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

Decided March 21, 2019.


A finding of abandonment is supported by clear and convincing evidence that the father did not visit with his son or communicate with the agency during the six months immediately preceding the filing of the termination petition, and the absence of evidence that he was unable to so visit or communicate, or was discouraged from doing so by the agency (Social Services Law § 384-b [4] [b]; [5] [a]).

We reject the father's appellate contention that the court erred...

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