Opinion
October 19, 1995
Appeal from the Family Court, New York County (Mary Bednar, J.).
Clear and convincing evidence that respondent failed to visit or communicate with her children or contact the subject agency for the six-month period immediately preceding the filing of the petitions gave rise to a presumption of abandonment (Social Services Law § 384-b [b]; [5] [a]) that respondent failed to rebut ( see, Matter of Anthony M., 195 A.D.2d 315, 315-316). We reject respondent's claim that her failure to visit is excusable because the agency placed the children with their paternal grandmother, with whom she did not get along, since this would not have prevented her from communicating with the children or the agency ( compare, Matter of Lisa AA., 83 A.D.2d 702). We have considered respondent's other contentions and find them to be without merit.
Concur — Sullivan, J.P., Kupferman, Williams and Tom, JJ.