In re David K.

Appellate Division of the Supreme Court of New York

In re David K.

78 A.D.2d 901, 433 N.Y.S.2d 212, 1980 N.Y. App. Div. LEXIS 13655

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 24, 1980

StatusPublished

Cited by5 cases

This text of 78 A.D.2d 901 (In re David K.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re David K., 78 A.D.2d 901, 433 N.Y.S.2d 212, 1980 N.Y. App. Div. LEXIS 13655 (N.Y. Ct. App. 1980).

Pincite

Opinion

Appeals from two orders of the Family Court, Westchester County, both dated February 1, 1980, which, inter alia, determined that the appellant had abandoned his two children and awarded custody of them to the respondent. Orders affirmed, without costs or disbursements. The Family Court’s findings, that from November, 1977 appellant failed to visit or communicate with his two sons, and except for two insubstantial contacts in March, 1978 and May, 1978, failed to communicate with respondent concerning the children, although able to do so and not prevented or discouraged from doing so by respondent, are not against the weight of the evidence. We find that during the six-month statutory period preceding the initiation of these proceedings, appellant did not show a “flicker” of interest in his two sons (see Matter of Susan W. v Talbot G., 34 NY2d 76). Appellant’s insignificant contacts, below a modicum of interest, over a two-year span of time, does not preclude a finding of abandonment within the meaning of section 384-b (subd 5, par [b]) of the Social Services Law (see Matter of Corey L v Martin L, 45 NY2d 383, Court of Appeals analysis of analogous statutory provision [Domestic Relations Law, § 111]). Hopkins, J. P., Titone, Mangano and Gibbons, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeals from two orders of the Family Court, Westchester County, both dated February 1, 1980, which, inter alia, determined that the appellant had abandoned his two children and awarded custody of them to the respondent. Orders affirmed, without costs or disbursements. The Family Court’s findings, that from November, 1977 appellant failed to visit or communicate with his two sons, and except for two insubstantial contacts in March, 1978 and May, 1978, failed to communicate with respondent concerning the children, although able to do so and not prevented or discouraged from doing so by respondent, are not against the weight of the evidence. We find that during the six-month statutory period preceding the initiation of these proceedings, appellant did not show a “flicker” of interest in his two sons (see Matter of Susan W. v Talbot G., 34 NY2d 76). Appellant’s insignificant contacts, below a modicum of interest, over a two-year span of time, does not preclude a finding of abandonment within the meaning of section 384-b (subd 5, par [b]) of the Social Services Law (see Matter of Corey L v Martin L, 45 NY2d 383, Court of Appeals analysis of analogous statutory provision [Domestic Relations Law, § 111]). Hopkins, J. P., Titone, Mangano and Gibbons, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

78 A.D.2d 901, 433 N.Y.S.2d 212, 1980 N.Y. App. Div. LEXIS 13655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-david-k-nyappdiv-1980.

Opinion

Related

Cite This Page — Counsel Stack