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Matter of Lee

Appellate Division of the Supreme Court of New York, First Department
Oct 12, 1993
197 A.D.2d 404 (N.Y. App. Div. 1993)

Opinion

October 12, 1993

Appeal from the Family Court, New York County (Sheldon Rand, J.).


Petitioner agency established by clear and convincing evidence that respondent had failed to contact the child or the agency for the six month period immediately preceding the filing of the petition, giving rise to a presumption of abandonment that respondent failed to rebut (see, Matter of Anthony M., 195 A.D.2d 315). Moreover, respondent never established paternity, although advised to do so on several occasions, and gave no indication that he was prepared to accept the responsibility of providing for the child. The court also properly found that termination of parental rights so as to allow for adoption by the foster mother and father was in the best interests of the child (see, Matter of Michael W., 191 A.D.2d 287, citing Matter of Irene O., 38 N.Y.2d 776).

Concur — Carro, J.P., Rosenberger, Ross and Asch, JJ.


Summaries of

Matter of Lee

Appellate Division of the Supreme Court of New York, First Department
Oct 12, 1993
197 A.D.2d 404 (N.Y. App. Div. 1993)
Case details for

Matter of Lee

Case Details

Full title:In the Matter of SHALENA LEE C., Also Known as CASSANDRA C., a Child…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 12, 1993

Citations

197 A.D.2d 404 (N.Y. App. Div. 1993)
602 N.Y.S.2d 375

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