In re Baby Girl I.

Appeal from that part of an order and judgment of the Family Court of Albany County (Tobin, J.), entered November 1, 1993, which dismissed petitioner’s application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate respondent’s child to be abandoned.

Petitioner contends that Family Court erred in denying the petition which sought to terminate respondent’s parental rights based upon abandonment. Pursuant to Social Services Law § 384-b (5) (a), a child is abandoned if the parent evinces an intent to forego parental rights and obligations as manifested by the parent’s failure…