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IN THE MATTER OF ISAIAH

55 A.D.3d 1012 (2008)

In the Matter of ISAIAH F., a Child Alleged to be Abandoned. CORTLAND COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; JOHN F., Appellant. (Proceeding No. 1.) In the Matter of CELLIA F., a Child Alleged to be Abandoned. CORTLAND COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; JOHN F., Appellant. (Proceeding No. 2.)

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

October 16, 2008.

Peters, J.

In August 2007, petitioner commenced these termination of parental rights proceedings against respondent regarding two of his children, Isaiah F. (born in 2002) and Cellia F. (born in 2004). Thereafter, Family Court adjudicated the children to be abandoned and terminated respondent's parental rights. Respondent appeals.

A presumption of abandonment is shown when the petitioner proves that, for six months immediately prior to the filing of a termination...

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