IN RE: the ADOPTION OF PATRICK D. (2008)

Petitioners commenced this proceeding seeking to adopt respondent mother's child.   We reject the contention of the mother that Family Court erred in dispensing with her consent to the adoption pursuant to Domestic Relations Law § 111(2)(a).   The record establishes that the mother failed to maintain contact with the child for a period of six months prior to the filing of the petition, although able to do so, “thereby evincing an intent to forego her parental rights and obligations with respect to the child” (Matter of Jenny-Beth L. v. Bryan C.W., 23 A.D.3d 1069, 1069, 804 N.Y.S.2d 194;  see Matter of Ryan Paul L., 112 A.D.2d 47, 490 N.Y.S.2d 660).   Indeed, the mother's only contact with the child during the relevant time period was an occasional telephone call, and “[s]uch insubstantial and infrequent contact is insufficient to preclude a finding of abandonment” (Matter of Amanda, 197 A.D.2d 923, 924, 602 N.Y.S.2d 461, lv. denied 82 N.Y.2d 662, 610 N.Y.S.2d 150, 632 N.E.2d 460;  see § 111[6][b] ).  The court was entitled to discredit the testimony of the mother that petitioners thwarted her efforts to contact the child (see Jenny-Beth L., 23 A.D.3d at 1069, 804 N.Y.S.2d 194;   Matter of Shaolin G., 277 A.D.2d 312, 716 N.Y.S.2d 71, lv. denied 96 N.Y.2d 710, 726 N.Y.S.2d 373, 750 N.E.2d 75).

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

MEMORANDUM: