In re James V. G.

Appellate Division of the Supreme Court of New York

In re James V. G.

256 A.D.2d 1191, 683 N.Y.S.2d 448, 1998 N.Y. App. Div. LEXIS 14341

Appellate Division of the Supreme Court of the State of New York·Decided December 31, 1998·No. Appeal No. 1·Published

Opinion

—Order unanimously affirmed without costs. Memorandum: Petitioner established by clear and convincing evidence that respondent failed to communicate with either his son or petitioner for the six-month period before the filing of the abandonment petition (see, Matter of Ariel C., 248 AD2d 976, lv denied 92 NY2d 801). Thus, Family Court properly determined that respondent’s son was abandoned, transferred guardianship and custody of the child to petitioner and dismissed respondent’s custody petition. We have examined respondent’s remaining contention and conclude that it lacks merit. (Appeal from Order of Genesee County Family Court, Graney, J. — Terminate Parental Rights.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.

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—Order unanimously affirmed without costs. Memorandum: Petitioner established by clear and convincing evidence that respondent failed to communicate with either his son or petitioner for the six-month period before the filing of the abandonment petition (see, Matter of Ariel C., 248 AD2d 976, lv denied 92 NY2d 801). Thus, Family Court properly determined that respondent’s son was abandoned, transferred guardianship and custody of the child to petitioner and dismissed respondent’s custody petition. We have examined respondent’s remaining contention and conclude that it lacks merit. (Appeal from Order of Genesee County Family Court, Graney, J. — Terminate Parental Rights.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.

In re James V. G., 256 A.D.2d 1191, 683 N.Y.S.2d 448, 1998 N.Y. App. Div. LEXIS 14341 (N.Y. Ct. App. 1998).

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Opinion

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