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MATTER OF ELEGANT R.C.

60 A.D.3d 1386 (2009)

___ N.Y.S.2d ___

In the Matter of ELEGANT R.C., an Infant. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; and RICHARD C., Appellant.

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

Decided March 20, 2009.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Respondent father appeals from an order terminating his parental rights with respect to his daughter upon a finding that he abandoned her. We agree with the father that petitioner failed to meet its burden of establishing by clear and convincing evidence that he failed to visit his daughter or to communicate with her or petitioner...

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