Legal Opinion

In re Nicole P.

Appellate Division of the Supreme Court of the State of New York

Decided September 29, 2000PublishedCited by 1 opinion

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Petitioner established by clear and convincing evidence that respondent abandoned his two children (see, Social Services Law § 384-b [4] [b]; [5] [a]; Matter of Matthew YY., 274 AD2d 685). Although respondent testified that he repeatedly attempted to contact the children while he was in prison, his testimony was contradictory, thereby raising a credibility issue to be determined by Family Court (see, Matter of Ashton, 254 AD2d 773, lv denied 92 NY2d 817; Matter of Ariel C., 248 AD2d 976, lv denied 92 NY2d 801; see also, Matter of Irene…

2Cases cited4 opinions

  1. Matter of O.New York Court of Appeals · 1975
  2. In re Matthew YY.Appellate Division of the Supreme Court of the State of New York · 2000
  3. In re Ariel C.Appellate Division of the Supreme Court of the State of New York · 1998
  4. Robare v. Plattsburgh Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1999

3Cited by1 opinion

  1. In re Dahata R.Appellate Division of the Supreme Court of the State of New York · 2000

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