IN RE: RAKIM D.D.S. and Reniya D.S. (2008)

Respondent father appeals from an order terminating his parental rights on the ground of abandonment.   Contrary to the contention of the father, petitioner established by the requisite clear and convincing evidence that he abandoned his two children (see Social Services Law § 384-b[4][b];  [5][a];  Matter of Anthony T., 35 A.D.3d 1201, 826 N.Y.S.2d 874, lv. denied 8 N.Y.3d 809, 834 N.Y.S.2d 507, 866 N.E.2d 453).   Petitioner's caseworker testified that she received a letter from the father, who was incarcerated, asking why his children were in foster care and seeking their address.   In replying to that letter, the caseworker advised the father to send any cards or letters for the children to petitioner and that she would deliver them to the children.   According to the caseworker, she received no correspondence for the children from the father, nor did he contact her again, although she sent him additional correspondence.   She further testified that there was no indication in her file that the father contacted his children.   We conclude that the father's “sole contact with [the caseworker] during the statutory period ‘was insubstantial and thus does not preclude the finding of abandonment’ ” (Matter of Crystal M., 49 A.D.3d 1312, 1313, 856 N.Y.S.2d 376).   Although the father testified that he sent letters for the children to their mother, that testimony merely presented a credibility issue that Family Court was entitled to resolve against the father (see Matter of Shaolin G., 277 A.D.2d 312, 313, 716 N.Y.S.2d 71, lv. denied 96 N.Y.2d 710, 726 N.Y.S.2d 373, 750 N.E.2d 75).   Finally, we reject the further contention of the father that he was denied effective assistance of counsel (see Matter of Christopher W., 42 A.D.3d 692, 693, 839 N.Y.S.2d 607;  Matter of Anson v. Anson, 20 A.D.3d 603, 605, 798 N.Y.S.2d 185, lv. denied 5 N.Y.3d 711, 806 N.Y.S.2d 161, 840 N.E.2d 130;  see also Matter of Bryan W., 299 A.D.2d 929, 930, 749 N.Y.S.2d 347, lv. denied 99 N.Y.2d 506, 755 N.Y.S.2d 713, 785 N.E.2d 735).

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

MEMORANDUM: