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IN RE: “MALE” G., also known as Isaiah McG., A Dependent Child Under the Age of Eighteen Years, etc., Uneise C.G., also known as Eunice G., Respondent-Appellant, Edwin Gould Services for Children and Families, Petitioner-Respondent.
Order of disposition, Family Court, New York County (Rhoda Cohen, J.), entered on or about March 23, 2004, which, upon a finding of abandonment, terminated respondent mother's parental rights to the subject child and committed custody and guardianship of the child to petitioner agency and the Commissioner of Social Services of the City of New York for the purpose of adoption, unanimously affirmed, without costs.
The finding of abandonment is supported by clear and convincing evidence, specifically, the essentially unrebutted testimony of the child's caseworker that appellant had no contact with the child or the agency for at least six months prior to the filing of the petition (see Matter of Female W., 271 A.D.2d 210, 706 N.Y.S.2d 98 [2000] ). Even had the court credited the testimony regarding the single telephone call to the agency during the statutorily relevant six-month period, the alleged contact with the agency was “too minimal and half-hearted to preclude a finding of abandonment” (id.).
Under the circumstances, Family Court's determination not to hold a dispositional hearing prior to terminating appellant's parental rights constituted a proper exercise of discretion (see Matter of Noelle Denise P., 271 A.D.2d 382, 708 N.Y.S.2d 1 [2000]; Matter of Maurice Jamel G., 267 A.D.2d 173, 700 N.Y.S.2d 452 [1999] ).
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Decided: June 27, 2006
Court: Supreme Court, Appellate Division, First Department, New York.
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