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Matter of Dahata R

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 894 (N.Y. App. Div. 2000)

Opinion

December 27, 2000.

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

PRESENT: PIGOTT, JR., P. J., HURLBUTT, KEHOE AND LAWTON, JJ.


Order unanimously affirmed without costs. Memorandum: Petitioner established by clear and convincing evidence that respondent mother (respondent) abandoned her four children ( see, Social Services Law § 384-b [b]; [5] [a]). Contrary to the contention of respondent, the evidence does not establish that petitioner prevented or discouraged her from contacting her children or visiting with them ( see, Matter of Nicole P., 275 A.D.2d 952 [decided Sept. 29, 2000]; Matter of Howard R., 258 A.D.2d 893, 894). Furthermore, respondent failed to show that she had good reason for failing to visit or otherwise contact the children. Respondent failed to establish that her alleged health problems and other hardships "permeated [her] life to such an extent that contact was not feasible" ( Matter of Catholic Child Care Socy. of Diocese of Brooklyn, 112 A.D.2d 1039, 1040). We conclude that Family Court did not abuse its discretion by immediately terminating respondent's parental rights without conducting a dispositional hearing ( see, Matter of Howard R., supra, at 894).


Summaries of

Matter of Dahata R

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 894 (N.Y. App. Div. 2000)
Case details for

Matter of Dahata R

Case Details

Full title:MATTER OF DAHATA R., RAKMOND A., KAHILL D. AND JAHA D. ERIE COUNTY…

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

Date published: Dec 27, 2000

Citations

278 A.D.2d 894 (N.Y. App. Div. 2000)
718 N.Y.S.2d 693

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