In re Jeffrey M.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law with costs and petition dismissed. Memorandum: Family Court erred in granting the petition seeking to terminate respondent’s parental rights on the ground of abandonment (see, Social Services Law § 384-b [5] [b]). In May 1997 respondent’s child was removed from the custody of the child’s mother, who was alleged to have permanently neglected the child. In support of the instant petition, petitioner presented the testimony of a caseworker assigned to the child’s case from May 1997 to October 1998. The caseworker testified that, because of an indicated…
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