In re Enrique M.
Opinion of the Court
Orders, Family Court, New York County (Jody Adams, J.), entered on or about April 5, 2007, which, upon a fact-finding determination that respondent father had abandoned the children, terminated his parental rights and committed custody and guardianship to petitioner agency and the New York City Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.
Respondent’s claim that he was denied due process because the court’s finding was based on an abandonment period that differed from that specified in the amended petitions is unpreserved for review (see Matter of Gina Rachel L., 44 AD3d 367 [2007]; Matter of Jessica J., 44 AD3d 1132 [2007]). In any event, respondent was not prejudiced by the apparent mistake in the amended petitions identifying the abandonment period as the six months preceding the filing date of the original petitions. All parties agreed that the relevant period was the six months preceding the filing of the amended petitions, and respondent’s testimony specifically addressed that period. His vague and unsubstantiated claim that he contacted the foster mother would not have defeated the abandonment claim for the period stated in the petitions (see Matter of Annette B., 4 NY3d 509 [2005], supra). Concur—Tom, J.P, Saxe, Friedman, Buckley and Catterson, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.