| Matter of Tonasia K. |
| 2008 NY Slip Op 02332 [49 AD3d 1247] |
| March 14, 2008 |
| Appellate Division, Fourth Department |
| In the Matter of Tonasia K., an Infant. Onondaga CountyDepartment of Social Services, Respondent; Tony K., Appellant. |
—[*1] Anthony P. Rivizzigno, County Attorney, Syracuse (Sara J. Langan of counsel), forpetitioner-respondent.
Appeal from an order of the Family Court, Onondaga County (Martha Walsh Hood, J.),entered January 19, 2007 in a proceeding pursuant to Social Services Law § 384-b. Theorder, among other things, terminated respondent's parental rights and committed theguardianship and custody of the child to petitioner.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Petitioner established by clear and convincing evidence that respondent fatherabandoned his child by failing to visit her or to communicate with her or petitioner, although ableto do so, during the six-month period immediately preceding the filing of the petition (seeSocial Services Law § 384-b [5] [a]; Matter of Anthony T., 35 AD3d 1201 [2006], lv denied 8NY3d 809 [2007]). The record establishes that the father made one telephone call to the child,saw her on one occasion at the funeral of his mother, and wrote one letter to petitioner. "Thatlimited contact is insubstantial and does not preclude a finding of abandonment" (Matter of Jasmine J., 43 AD3d1444, 1445 [2007]; see Matter ofTimothy H., 37 AD3d 1119 [2007], lv denied 8 NY3d 813 [2007]). Theincarceration of the father during a portion of the six-month period did not relieve him of hisresponsibility to communicate with the child or petitioner (see Anthony T., 35 AD3d1201 [2006]; Matter of Elizabeth S., 275 AD2d 952, 953 [2000], lv denied 95NY2d 769 [2000]; see also Matter ofLindsey B., 16 AD3d 1078 [2005]). Present—Smith, J.P., Centra, Fahey,Peradotto and Green, JJ.