In re Joseph S.

We agree with the Surrogate that the petitioners, the children’s maternal uncle and his wife, proved by clear and convincing evidence that the father abandoned his two sons within the meaning of Domestic Relations Law § 111 (2) (a) so that his consent to their adoption is not required.

The children’s father and mother had been separated from September 1981 until July 1982 when the mother agreed to a trial reconciliation. One month later, the father shot and killed the mother and has since been incarcerated. Both of the petitioners, as well as the maternal grandfather, with whom the mother and…