In re Nevaha J.

Appeal from an order of the Family Court of Broome County (Charnestsky, J.), entered January 4, 2008, which granted petitioner’s application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate Nevaha J. an abandoned child.

Respondent’s daughter was born in January 2005 and placed in foster care in May 2005. With one brief exception, respondent has been incarcerated since her placement. This abandonment proceeding was commenced in April 2007 and, following a fact-finding hearing, Family Court determined that abandonment was established. On appeal, respondent argues that he…