Matter of K.L. (C.P.)
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Opinion
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Bureau Thomas J.K. Smith, State Reporter
Matter of K.L. (C.P.)
2026 NY Slip Op 04149
June 30, 2026
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
In the Matter of K.L. and Others, Children Under Eighteen Years of Age, etc., C.P., et al., Respondents-Appellants, Children's Aid Society, Petitioner-Respondent.
Decided and Entered: June 30, 2026
Docket No. B-02067-9/22, B-02028/22, B-02069/22|Appeal No. 6992|Case No. 2025-05637|
Before: Scarpulla, J.P., González, Rodriguez, Higgitt, Hagler, JJ.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for K.L., appellant.
Law Office of Lewis S. Calderon, Jamaica (Lewis S. Calderon of counsel), for C.P., appellant.
Rosin Steinhagen Mendel, PLLC, New York (Melissa C. Wagshul of counsel), for respondent.
Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), attorney for the children.
Orders, Family Court, Bronx County (Peter J. Passidomo, J.), entered on or about June 13, 2024, which, after a fact-finding hearing, terminated respondents' parental rights to the subject children and committed the custody and guardianship of the children to petitioner agency and the Commissioner of the Administration for Children's Services of the City of New York for the purpose of adoption, unanimously affirmed, without costs.
Family Court's finding of abandonment is supported by clear and convincing evidence that during the six-month statutory period preceding the filing of the termination petition, the parents failed to visit the children, contact the children, send them gifts or cards, or provide them with any financial support (see Matter of Pandora S.D. [Isabelle D.], 231 AD3d 575, 575 [1st Dept 2024], lv denied 43 NY3d 901 [2025]; Matter of Aniya P. [Imani B.], 67 AD3d 434, 435 [1st Dept 2009]). Their only contact with the agency during the statutory period was a single family team conference, which the court correctly found was insufficient to overcome the inference of abandonment (see Matter of Angelicah U. [Reggie U.], 155 AD3d 455, 456-457 [1st Dept 2017], lv denied 31 NY3d 997 [2018]). The agency was not required to accommodate the parents' request for virtual visitation given that they failed to provide medical documentation supporting their claim that they were unable to travel (see e.g. Matter of Jackie Ann W. [Leticia Ann W.], 154 AD3d 459, 460-461 [1st Dept 2017]). In any event, there is no basis to disturb Family Court's finding that the parents' testimony regarding their inability to travel lacked credibility (see Matter of Crystal P. [Andrea L.], 93 AD3d 576 [1st Dept 2012]).
Family Court's decision to dispense with a dispositional hearing was a provident exercise of its discretion under the circumstances (see Matter of Aryanna W. [Precious W.], 214 AD3d 549, 549 [1st Dept 2023], lv denied 40 NY3d 901 [2023]). THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: June 30, 2026
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