In re Nyasia O.

Appellate Division of the Supreme Court of New York

In re Nyasia O.

13 A.D.3d 1064, 787 N.Y.S.2d 562, 2004 N.Y. App. Div. LEXIS 16275

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

DecidedDecember 30, 2004

StatusPublished

This text of 13 A.D.3d 1064 (In re Nyasia O.) 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 Nyasia O., 13 A.D.3d 1064, 787 N.Y.S.2d 562, 2004 N.Y. App. Div. LEXIS 16275 (N.Y. Ct. App. 2004).

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Opinion

Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered February 9, 2004 pursuant to Social Services Law § 384-b. The order granted the petition and terminated respondent’s parental rights on the ground of abandonment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Family Court properly terminated the parental rights of respondent on the ground that he abandoned his daughter. Respondent does not dispute that he failed to contact the child during the six-month period immediately prior to the filing of the petition (see Social Services Law § 384-b [5] [a]). Although he was incarcerated for four out of the six months pre[1065]*1065ceding the filing of the petition, respondent makes no claim that he was prevented from contacting the child (see Matter of Julia P., 306 AD2d 937 [2003]). Present—Scudder, J.P., Kehoe, Martoche, Smith and Lawton, JJ.

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Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered February 9, 2004 pursuant to Social Services Law § 384-b. The order granted the petition and terminated respondent’s parental rights on the ground of abandonment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Family Court properly terminated the parental rights of respondent on the ground that he abandoned his daughter. Respondent does not dispute that he failed to contact the child during the six-month period immediately prior to the filing of the petition (see Social Services Law § 384-b [5] [a]). Although he was incarcerated for four out of the six months pre[1065]*1065ceding the filing of the petition, respondent makes no claim that he was prevented from contacting the child (see Matter of Julia P., 306 AD2d 937 [2003]). Present—Scudder, J.P., Kehoe, Martoche, Smith and Lawton, JJ.

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Bluebook (online)

13 A.D.3d 1064, 787 N.Y.S.2d 562, 2004 N.Y. App. Div. LEXIS 16275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-nyasia-o-nyappdiv-2004.

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