Dean O., Respondent-Appellant. v. << (2004)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of NYASIA O. Erie County Department of Social Services, Petitioner-Respondent; Dean O., Respondent-Appellant.

Decided: December 30, 2004

PRESENT: SCUDDER, J.P., KEHOE, MARTOCHE, SMITH, AND LAWTON, JJ.

Alan Birnholz, Amherst, for Respondent-Appellant. David C. Schopp, Law Guardian, The Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D. Halvorsen of Counsel), for Nyasia O.

Family Court properly terminated the parental rights of respondent on the ground that he abandoned his daughter. Respondent does not dispute that he failed to contact the child during the six-month period immediately prior to the filing of the petition (see Social Services Law § 384-b [5][a] ). Although he was incarcerated for four out of the six months preceding the filing of the petition, respondent makes no claim that he was prevented from contacting the child (see Matter of Julia P., 306 A.D.2d 937, 760 N.Y.S.2d 793).

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

MEMORANDUM:

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