In re Lynn W.

Appellate Division of the Supreme Court of New York

In re Lynn W.

149 A.D.2d 928, 540 N.Y.S.2d 62, 1989 N.Y. App. Div. LEXIS 5934

Appellate Division of the Supreme Court of the State of New York·Decided April 14, 1989·Published·Cited by 4 cases

Opinion

— Order unanimously affirmed without costs. Memorandum: Petitioner established by clear and convincing evidence that respondent abandoned his two children by failing to visit or contact them, despite being able to do so, for a period of six months immediately prior to the date on which the petition was filed (see, Social Services Law § 384-b [4] [b]; Matter of Julius P., 63 NY2d 477; Matter of Ulysses T., 87 AD2d 998, affd 66 NY2d 773; Matter of Trudell J. W., 119 AD2d 828; Matter of Christina Nina B., 118 AD2d 571). The fact that respondent attended a uniform case review at the agency during the six-month period does not preclude a finding of abandonment because he did not initiate the meeting or meaningfully participate in it (cf., Matter of Madeline R., 117 Misc 2d 14, 17-18). (Appeal from order of Steuben County Family Court, Finnerty, J. — termination of parental rights.) Present—Dillon, P. J., Denman, Boomer, Green and Lawton, JJ.

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— Order unanimously affirmed without costs. Memorandum: Petitioner established by clear and convincing evidence that respondent abandoned his two children by failing to visit or contact them, despite being able to do so, for a period of six months immediately prior to the date on which the petition was filed (see, Social Services Law § 384-b [4] [b]; Matter of Julius P., 63 NY2d 477; Matter of Ulysses T., 87 AD2d 998, affd 66 NY2d 773; Matter of Trudell J. W., 119 AD2d 828; Matter of Christina Nina B., 118 AD2d 571). The fact that respondent attended a uniform case review at the agency during the six-month period does not preclude a finding of abandonment because he did not initiate the meeting or meaningfully participate in it (cf., Matter of Madeline R., 117 Misc 2d 14, 17-18). (Appeal from order of Steuben County Family Court, Finnerty, J. — termination of parental rights.) Present—Dillon, P. J., Denman, Boomer, Green and Lawton, JJ.

In re Lynn W., 149 A.D.2d 928, 540 N.Y.S.2d 62, 1989 N.Y. App. Div. LEXIS 5934 (N.Y. Ct. App. 1989).

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Opinion

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