Opinion
Argued October 10, 2000.
November 13, 2000.
In an adoption proceeding pursuant to Domestic Relations Law article 7, the father appeals from (1) an order of the Family Court, Dutchess County (Brands, J.), dated December 6, 1999, which, after a hearing, determined, inter alia, that his consent to the adoption was not required, and (2) an order of the same court, dated December 16, 1999, which granted the petition of the mother and her husband to adopt the subject child.
Arnold D. Cribari, White Plains, N.Y., for appellant.
Gerard J. Pisanelli, Poughkeepsie, N.Y., for respondents.
Before: GUY JAMES MANGANO, P.J., DAVID S. RITTER, SONDRA MILLER, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that on the court's own motion, the notice of appeal from the order dated December 6, 1999, is treated as an application for leave to appeal, and leave to appeal is granted (see, Family Ct Act § 1112[a]); and it is further,
ORDERED that the orders are affirmed, without costs or disbursements.
The Family Court properly determined that the appellant's consent to the adoption was not necessary. The petitioners established, by clear and convincing evidence, that the appellant failed to maintain contact with his daughter during the six-month period preceding the filing of the adoption petition, thereby demonstrating "an intent to forego his * * * parental or custodial rights and obligations " (Domestic Relations Law § 111[a]; Matter of Baby Girl W.D., 251 A.D.2d 501). The appellant's testimony that he sent numerous letters to the child's mother during this period, which she did not answer, was refuted by the mother's testimony that she received no correspondence from him (see, Matter of James Q., 240 A.D.2d 841; Matter of Kristin O., 220 A.D.2d 670; Matter of Devorah Leah B., 152 A.D.2d 566). There is no basis to disturb the Family Court's credibility determinations on this issue (see, Matter of Kristin O., supra, at 671; Matter of Christopher Rene T., 189 A.D.2d 692). The appellant's remaining contentions are without merit.