William N., Sr., Respondent-Appellant, et al., Respondent. v. <<

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Supreme Court, Appellate Division, Fourth Department, New York.

Matter of WILLIAM N., JR. and Justina N. Onondaga County Department of Social Services, Petitioner-Respondent; William N., Sr., Respondent-Appellant, et al., Respondent.

Decided: April 29, 2005

PRESENT:  HURLBUTT, J.P., SCUDDER, GORSKI, PINE, AND LAWTON, JJ. Frank H. HiscockLegal Aid Society, Syracuse (Robert P. Rickert of Counsel), for Respondent-Appellant. Anthony P. Rivizzigno, County Attorney, Syracuse (Sara J. Langan of Counsel), for Petitioner-Respondent.

Respondent father appeals from an order that, inter alia, terminated his parental rights on the ground of abandonment.   Petitioner established by clear and convincing evidence the intent of respondent to forego his parental rights based on his failure to communicate with the children or petitioner for the six-month period immediately prior to the date on which the petition was filed (see Social Services Law § 384-b[4][b];  Matter of Elizabeth S., 275 A.D.2d 952, 952-953, 713 N.Y.S.2d 408, lv. denied 95 N.Y.2d 769, 722 N.Y.S.2d 472, 745 N.E.2d 392).   The record establishes that respondent's contact was insubstantial and thus does not preclude the. finding of abandonment (see Matter of Kyle K., 13 A.D.3d 1162, 787 N.Y.S.2d 765;  Elizabeth S., 275 A.D.2d at 953, 713 N.Y.S.2d 408).

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