Decided on October
28, 2002
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION :
SECOND JUDICIAL DEPARMENT
Argued - September
27, 2002
FRED T. SANTUCCI, J.P.
CORNELIUS J. O'BRIEN
LEO F. McGINITY
SANDRA L. TOWNES, JJ.
DECISION & ORDER
2001-09109
[*1]In the Matter of Joseph S. (Anonymous). Westchester County Department
of Social Services, respondent;
and
John S. (Anonymous), appellant. (Docket No. B 102/01)
George E. Reed, Jr., White Plains, N.Y., for appellant.
Charlene M. Indelicato, County Attorney, White Plains, N.Y.
(Stacey Dolgin-Kmetz and Thomas
G. Gardiner of counsel), for
respondent. [*2]
Saundra Neubardt, White Plains, N.Y., Law Guardian for the
child.
In a proceeding pursuant to Social
Services Law § 384-b to terminate parental rights, the father appeals from an
order of the Family Court, Westchester County (Dickerson, J.), entered October
11, 2001, which, after a hearing, terminated his parental rights on the ground
of abandonment.
ORDERED that the order is affirmed,
without costs or disbursements.
The Supreme Court properly
determined that there was clear and convincing proof of the appellant's
abandonment of his child during the six-month period prior to the filing of the
petition on January 16, 2001 (see Social Services Law § 384-b[5][b]; Matter of
I.R., 153 AD2d 559, 560; Matter of Rose Marie M., 94 AD2d 734). The father
failed to show good reason for his failure to contact or communicate with his
son (see Matter of Charmaine T., 173 AD2d 625, 626).
Contrary to the father's contention,
there is no evidence in the record to support the claim that he was denied the
effective assistance of counsel as a result of the amount of compensation paid
to his assigned counsel.
The father's remaining contentions
are without merit.
SANTUCCI, J.P., O'BRIEN, McGINITY and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk