In re Nicole P.
Appellate Division of the Supreme Court of the State of New York
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
- Matter of O.New York Court of Appeals · 1975
- In re Matthew YY.Appellate Division of the Supreme Court of the State of New York · 2000
- In re Ariel C.Appellate Division of the Supreme Court of the State of New York · 1998
- Robare v. Plattsburgh Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1999
3Cited by1 opinion
- In re Dahata R.Appellate Division of the Supreme Court of the State of New York · 2000