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Matter of Alexander B

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2000
277 A.D.2d 937 (N.Y. App. Div. 2000)

Opinion

November 13, 2000.

Appeal from Order of Erie County Family Court, Townsend, J. — Terminate Parental Rights.

PRESENT: PIGOTT, JR., P. J., WISNER, KEHOE AND BALIO, JJ.


Order unanimously affirmed without costs.

Memorandum:

Family Court properly terminated respondent's parental rights pursuant to Social Services Law § 384-b (4) (b) on the ground of abandonment. Respondent contends that his contact with his children ended only because of his incarceration and that petitioner failed to make a diligent effort to locate him in prison. ";Incarceration does not excuse a parent from establishing or maintaining contact with a child" ( Matter of Anthony M., 195 A.D.2d 315, 316). Respondent failed to rebut the presumption of abandonment ( see, Social Services Law § 384-b [a]). "Contrary to respondent's contention, petitioner was not required to show that it made diligent efforts to encourage respondent to maintain contact with his [children] in order to prevail on the abandonment petition" ( Matter of Christina S., 251 A.D.2d 982, 983; see, Social Services Law § 384-b [b]; Matter of Erica C., 257 A.D.2d 445, 446). Even if petitioner had been aware of respondent's incarceration, it was not "obligated to contact [respondent] and initiate efforts to encourage his parental relationship with [his children]" ( Matter of Shakim Ravon B., 257 A.D.2d 547).


Summaries of

Matter of Alexander B

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2000
277 A.D.2d 937 (N.Y. App. Div. 2000)
Case details for

Matter of Alexander B

Case Details

Full title:MATTER OF ALEXANDER B. AND NICHOLAS B. ERIE COUNTY DEPARTMENT OF SOCIAL…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 13, 2000

Citations

277 A.D.2d 937 (N.Y. App. Div. 2000)
716 N.Y.S.2d 253

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