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IN RE: ERICA C., a Dependent Child Under the Age of Eighteen Years, etc., Catholic Guardian Society, Petitioner-Respondent, Migdalia C., Respondent-Appellant.
Order, Family Court, New York County (Richard Ross, J.), entered on or about October 22, 1997, which, upon a fact-finding determination of abandonment, terminated appellant's parental rights and transferred guardianship and custody rights respecting the subject child to petitioner Catholic Guardian Society and the Commissioner of Social Services for purposes of adoption, unanimously affirmed, without costs.
Appellant's one isolated attempt to contact her child within the relevant six-month period was, as Family Court held, insufficient to avoid a finding of abandonment (see, Matter of Oneka O., 249 A.D.2d 233, 672 N.Y.S.2d 316). Nor was the extreme inadequacy of appellant's efforts at maintaining contact with her child mitigated either by appellant's illiteracy or her incarceration (see, Matter of Tikisha Aisha L., 253 A.D.2d 709, 678 N.Y.S.2d 95). Finally, responsibility for appellant's failure to maintain contact with her child may not be deflected to the agency (see, Matter of Anthony M., 195 A.D.2d 315, 316, 600 N.Y.S.2d 37).
MEMORANDUM DECISION.
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Decided: January 14, 1999
Court: Supreme Court, Appellate Division, First Department, New York.
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