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IN RE: ROBERT A.G. (Anonymous). Nassau County Department of Social Services, respondent, Kathleen G. (Anonymous), appellant.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of abandonment, the mother appeals from an order of fact-finding and disposition of the Family Court, Nassau County (Dane, J.), dated January 31, 2008, which, after a hearing, terminated her parental rights on the ground of abandonment and transferred custody and guardianship of the subject child to the Nassau County Department of Social Services for the purposes of adoption.
ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.
The evidence adduced at the fact-finding hearing established, by clear and convincing evidence, that the mother abandoned her son during the six-month period immediately prior to the filing of the petition (see Social Services Law § 384-b[4][b]; Matter of Dallas Keith M., 55 A.D.3d 612, 865 N.Y.S.2d 623; Matter of Jamar Terry N., 46 A.D.3d 563, 846 N.Y.S.2d 631; Matter of Female F., 40 A.D.3d 993, 993-994, 837 N.Y.S.2d 192). The mother's contact with her son was insufficient to defeat the presumption of abandonment (see Matter of Jeremiah Kwimea T., 10 A.D.3d 691, 692, 781 N.Y.S.2d 784; Matter of Miguel K. [Andre K.], 1 A.D.3d 438, 439, 766 N.Y.S.2d 899; Matter of Kerry J., 288 A.D.2d 221, 732 N.Y.S.2d 430; Matter of Ronald D., 282 A.D.2d 533, 722 N.Y.S.2d 762). Moreover, the mother failed to satisfy her burden of proving that she suffered from a severe hardship that so permeated her life that attempts at communication were not feasible (see Matter of Jamar Terry N., 46 A.D.3d at 563, 846 N.Y.S.2d 631; Matter of Elizabeth Susanna R., 11 A.D.3d 619, 620, 783 N.Y.S.2d 641).
Contrary to the mother's contention, under the circumstances the Family Court providently exercised its discretion in terminating her parental rights without first conducting a dispositional hearing (see Matter of Miguel K. [Andre K.], 1 A.D.3d at 439, 766 N.Y.S.2d 899; Matter of Tashara B., 299 A.D.2d 356, 749 N.Y.S.2d 173).
The mother's remaining contention is without merit.
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Decided: May 05, 2009
Court: Supreme Court, Appellate Division, Second Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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