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IN THE MATTER OF SIMONE

28 A.D.3d 371 (2006)

813 N.Y.S.2d 87

In the Matter of TAALIYAH SIMONE S.D. and Another, Children Alleged to be Abandoned. LEON D., Appellant; NEW YORK FOUNDLING HOSPITAL, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 25, 2006.

The finding of abandonment was based on uncontroverted evidence that, during the six-month period immediately prior to the filing of the petition, respondent failed to visit or communicate with his children or the agency, although able to do so and not prevented or discouraged from doing so by the agency (Social Services Law § 384-b [5] [a]; Matter of Anthony M., 195 A.D.2d 315 [1993]). The finding that termination of respondent...

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