In re Stephanie N.

Appellate Division of the Supreme Court of New York

In re Stephanie N.

245 A.D.2d 74, 666 N.Y.S.2d 124, 1997 N.Y. App. Div. LEXIS 12838

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

DecidedDecember 9, 1997

StatusPublished

Cited by1 cases

This text of 245 A.D.2d 74 (In re Stephanie N.) 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 Stephanie N., 245 A.D.2d 74, 666 N.Y.S.2d 124, 1997 N.Y. App. Div. LEXIS 12838 (N.Y. Ct. App. 1997).

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Opinion

—Order of disposition, Family Court, Bronx County (Marjory Fields, J.), entered on or about August 9, 1995, terminating respondent’s parental rights to the subject children upon a finding of abandonment, and transferring their custody and guardianship to petitioner agency and the Commissioner of Social Services of the City of New York for the purpose of adoption, unanimously affirmed, without costs.

Respondent’s claim that his incarceration prevented him from communicating with the children and the agency for the statutory six-month period (Social Services Law § 384-b [4] [b]; [5] [a]) is contradicted by his admissions that he knew the agency’s name, was able to make telephone calls while in jail, and had in fact called other members of his family (see, Matter of Anthony M., 195 AD2d 315). Nor is the refusal of the children’s foster parent to allow respondent to see or speak with the children without respondent first contacting the agency an acceptable excuse (compare, Matter of Murrell, 79 AD2d 866). Concur—Sullivan, J. P., Ellerin, Wallaeh, Williams and Andrias, JJ.

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—Order of disposition, Family Court, Bronx County (Marjory Fields, J.), entered on or about August 9, 1995, terminating respondent’s parental rights to the subject children upon a finding of abandonment, and transferring their custody and guardianship to petitioner agency and the Commissioner of Social Services of the City of New York for the purpose of adoption, unanimously affirmed, without costs.

Respondent’s claim that his incarceration prevented him from communicating with the children and the agency for the statutory six-month period (Social Services Law § 384-b [4] [b]; [5] [a]) is contradicted by his admissions that he knew the agency’s name, was able to make telephone calls while in jail, and had in fact called other members of his family (see, Matter of Anthony M., 195 AD2d 315). Nor is the refusal of the children’s foster parent to allow respondent to see or speak with the children without respondent first contacting the agency an acceptable excuse (compare, Matter of Murrell, 79 AD2d 866). Concur—Sullivan, J. P., Ellerin, Wallaeh, Williams and Andrias, JJ.

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Bluebook (online)

245 A.D.2d 74, 666 N.Y.S.2d 124, 1997 N.Y. App. Div. LEXIS 12838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-stephanie-n-nyappdiv-1997.

Opinion

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