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Matter of Michael

Appellate Division of the Supreme Court of New York, First Department
Mar 16, 1993
191 A.D.2d 287 (N.Y. App. Div. 1993)

Opinion

March 16, 1993

Appeal from the Family Court, New York County (Ruth Jane Zuckerman, J.).


Petitioner agency established abandonment by clear and convincing evidence that respondent had failed to contact the child or the agency for six months preceding the filing of the petition (Social Services Law § 384-b), and the alleged single contact by respondent with the agency does not require a finding to the contrary (Matter of Crawford, 153 A.D.2d 108). The court also properly found, based on the credibility of the witnesses, that termination of parental rights so as to allow for adoption by the foster mother was in the best interests of the child (see, Matter of Irene O., 38 N.Y.2d 776). Respondent contends that the child should have been placed with her sister, but there is no presumption that the child's interests will be served best by return to a family member (see, Matter of Star Leslie W., 63 N.Y.2d 136, 147-148).

Concur — Sullivan, J.P., Carro, Wallach and Kupferman, JJ.


Summaries of

Matter of Michael

Appellate Division of the Supreme Court of New York, First Department
Mar 16, 1993
191 A.D.2d 287 (N.Y. App. Div. 1993)
Case details for

Matter of Michael

Case Details

Full title:In the Matter of MICHAEL W., a Child Alleged to be Abandoned. MIRACLE…

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

Date published: Mar 16, 1993

Citations

191 A.D.2d 287 (N.Y. App. Div. 1993)
595 N.Y.S.2d 30

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