Opinion
March 23, 1995
Appeal from the Family Court, New York County (Sara Schechter, J.).
The Family Court properly found that respondent failed to visit or communicate with her children or contact the subject agency for a period in excess of six months prior to the filing of the petition, thus giving rise to a presumption of abandonment (Matter of Amanda Maying J., 208 A.D.2d 398). Respondent failed to rebut this presumption. Her testimony regarding telephoning the children and sending them birthday cards on one occasion lacked credibility, and the testimony of respondent's witness was contradicted by respondent herself. In matters of credibility, the findings of the hearing court must be accorded great respect (Matter of Irene O., 38 N.Y.2d 776, 777). Moreover, respondent's testimony that she was discouraged from visiting the children by their foster mother was also incredible and we see no reason to disturb the findings of the hearing court.
The testimony at the dispositional hearing established that the best interests of the children required termination of parental rights. The children have lived with their foster mother (their maternal aunt) for four and one-half years and have formed a strong bond with her. While respondent appears to have made certain improvements in her life, she does not appear to have any real relationship with the children, nor has she been involved with the children in any meaningful way for a long period of time. There is no presumption that a child's best interests will be best served by return to the natural parent (Matter of Star Leslie W., 63 N.Y.2d 136, 147-148).
Concur — Rosenberger, J.P., Wallach, Kupferman, Asch and Tom, JJ.