In re Miguel K. Forestdale, Inc.

1 A.D.2d 438, 766 N.Y.S.2d 899

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 10, 2003
• Status: Published

Opinion

In a proceeding pursuant to Social Services Law § 384-b to terminate the father’s parental rights, the father appeals from an order of disposition of the Family Court, Queens County (Hunt, J), dated October 19, 2001, which, after a fact-finding hearing, terminated his parental rights on the ground of abandonment without conducting a dispositional hearing.

Ordered that the order is affirmed, without costs or disbursements.

The Family Court properly determined that there was clear and convincing evidence of the father’s abandonment of his child during the six-month period before the filing of the petition (see Social Services Law § 384-b [4] [b]; Matter of I.R., 153 AD2d 559, 560 [1989]). The father’s contact with his child was insufficient to defeat the presumption of abandonment (see Matter of Kerry J., 288 AJD2d 221 [2001]; Matter of Nahiem G., 241 AD2d 632, 633 [1997]). Furthermore, we find no reason to disturb the Family Court’s assessment of the witnesses’ credibility (see Matter of Jasmine T, 162 AD2d 756 [1990]).

The Family Court acted within its discretion in terminating the father’s parental rights without first conducting a dispositional hearing (see Matter of Tashara B., 299 AD2d 356 [2002]). Smith, J.E, Krausman, McGinity and Rivera, JJ., concur.