In re Jasiaia Lew R.
Opinion of the Court
Clear and convincing evidence established that respondent failed to visit or communicate with the child or the agency for the six-month period immediately preceding the filing of the petition, which gave rise to a presumption of abandonment (see Social Services Law § 384-b [5] [a]; Matter of Omar Saheem Ali J. [Matthew J.], 80 AD3d 463 [1st Dept 2011]; Matter of Chaka F., 220 AD2d 310 [1st Dept 1995]). The agency’s caseworker provided credible testimony that during the relevant time period, respondent never visited the child at the agency, never
Respondent’s arguments that her parental rights should not have been terminated and that the petition should have been dismissed are raised for the first time on appeal (see Matter of Matthew Niko M. [Niko M.], 85 AD3d 544 [1st Dept 2011]). In any event, a preponderance of the evidence established that it was in the child’s best interest to terminate respondent’s parental rights so that he could be freed for adoption by his foster mother, the only parent he has ever known (see Matter of Star Leslie W., 63 NY2d 136, 147-148 [1984]). Concur — Andrias, J.P., Saxe, Moskowitz, Freedman and Abdus-Salaam, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.