Oneida County Department of Social Services, Petitioner-Respondent; v. Timothy H., Sr., Respondent-Appellant. (2007)

 Petitioner established by clear and convincing evidence that respondent abandoned his child by failing to visit him or to communicate with him or petitioner, although able to do so, during the six-month period immediately preceding the filing of the petition (see Social Services Law § 384-b [5][a];  Matter of Anthony T., 35 A.D.3d 1201, 826 N.Y.S.2d 874).   Even crediting the testimony of respondent that he visited with his child in a parking garage for 10 to 15 minutes on six different occasions after the scheduled visits between the child and his mother, Family Court properly determined that such insubstantial contact does not preclude a finding of abandonment (see Matter of William N., 17 A.D.3d 1158, 1159, 793 N.Y.S.2d 850;  Matter of Kyle K., 13 A.D.3d 1162, 1163, 787 N.Y.S.2d 765).   Furthermore, the subjective intent of respondent to seek custody of his child when respondent is released from prison is not sufficient to preclude a finding of abandonment (see § 384-b [5][b];  Matter of Lindsey B., 16 A.D.3d 1078, 791 N.Y.S.2d 261).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: