In re the Adoption of Amy SS. Robert TT.

Kane and Levine, JJ.,

dissent and vote to affirm in the following memorandum by Levine, J. Levine, J. (dissenting). We cannot agree with the majority’s conclusion that, as a matter of law, petitioners have failed to prove that the natural father “evinced an intent to forego his parental rights and obligations as manifested by his failure for a period of more than six months to visit and communicate with the child (Domestic Relations Law, § 111, subd 2, par [a])”. There is no dispute in the record that the father in fact did not visit nor directly communicate with the child for a period of…