In re Sabina Jessica S.

Appellate Division of the Supreme Court of New York

In re Sabina Jessica S.

32 A.D.3d 857, 820 N.Y.S.2d 525

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

DecidedSeptember 12, 2006

StatusPublished

Cited by4 cases

This text of 32 A.D.3d 857 (In re Sabina Jessica S.) 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 Sabina Jessica S., 32 A.D.3d 857, 820 N.Y.S.2d 525 (N.Y. Ct. App. 2006).

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Opinion

In a proceeding pursuant to Social Services Law § 384-b to terminate the father’s parental rights on the ground of abandonment, the petitioner appeals from an order of the Family Court, Suffolk County (Genchi, J.), dated February 17, 2005, which, after a fact-finding hearing, denied the petition and, in effect, dismissed the proceeding.

Ordered that the order is reversed, on the law and the facts, without costs or disbursements, it is determined that the father abandoned the subject child, and the matter is remitted to the Family Court, Suffolk County for a dispositional hearing.

[858]*858Contrary to the Family Court’s determination, the evidence at the fact-finding hearing established, by clear and convincing evidence, that the father abandoned his child during the six-month period prior to the filing of the petition (see Social Services Law § 384-b [4] [b]; Matter of Saquan L.E., 19 AD3d 418, 419 [2005]; Matter of Orange County Dept. of Social Servs. [Diane A.], 203 AD2d 367 [1994]). Accordingly, the Family Court erred in finding that the appellant failed to establish abandonment. Florio, J.P., Rivera, Fisher and Lunn, JJ., concur.

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In a proceeding pursuant to Social Services Law § 384-b to terminate the father’s parental rights on the ground of abandonment, the petitioner appeals from an order of the Family Court, Suffolk County (Genchi, J.), dated February 17, 2005, which, after a fact-finding hearing, denied the petition and, in effect, dismissed the proceeding.

Ordered that the order is reversed, on the law and the facts, without costs or disbursements, it is determined that the father abandoned the subject child, and the matter is remitted to the Family Court, Suffolk County for a dispositional hearing.

[858]*858Contrary to the Family Court’s determination, the evidence at the fact-finding hearing established, by clear and convincing evidence, that the father abandoned his child during the six-month period prior to the filing of the petition (see Social Services Law § 384-b [4] [b]; Matter of Saquan L.E., 19 AD3d 418, 419 [2005]; Matter of Orange County Dept. of Social Servs. [Diane A.], 203 AD2d 367 [1994]). Accordingly, the Family Court erred in finding that the appellant failed to establish abandonment. Florio, J.P., Rivera, Fisher and Lunn, JJ., concur.

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Bluebook (online)

32 A.D.3d 857, 820 N.Y.S.2d 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sabina-jessica-s-nyappdiv-2006.

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