| Matter of Serenity Anya C. |
| 2009 NY Slip Op 01982 [60 AD3d 852] |
| March 17, 2009 |
| Appellate Division, Second Department |
| In the Matter of Serenity Anya C. Catholic Guardian Society andHome Bureau et al., Respondents; Eric Vincent C., Appellant, et al., Appellant, et al.,Respondents. |
—[*1] Magovern & Sclafani, New York, N.Y. (Joanna M. Robertson and Frederick J. Magovern ofcounsel), for petitioner-respondent Catholic Guardian Society and Home Bureau. Steven Banks, New York, N.Y. (Tamara A. Steckler and Mitchell Katz of counsel), attorneyfor the child.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rightson the ground of abandonment, Eric Vincent C. appeals, as limited by his brief, from so much ofan order of fact-finding and disposition of the Family Court, Kings County (Hamill, J.), datedAugust 22, 2007, as, after a hearing, determined that he was not a putative father whose consentto the adoption was required pursuant to Domestic Relations Law § 111.
Ordered that the order of fact-finding and disposition is affirmed insofar as appealed from,without costs or disbursements.
The Family Court's determination that the appellant's consent to the adoption was notrequired was supported by clear and convincing evidence (see Matter of Sharissa G., 51 AD3d 1019 [2008]). The appellantfailed to meet his burden of establishing that he maintained substantial and continuous orrepeated contact with the child through the payment of support and either regular visitation orother [*2]communication with the child (see DomesticRelations Law § 111 [1] [d]; Matter of Hassan Lawrence W., 42 AD3d 573 [2007]).Imprisonment does not excuse a parent from maintaining contact with a child or agency (see Matter of Baby Boy C., 13 AD3d619, 620-621 [2004]; Matter ofFelix M., 9 AD3d 432, 433 [2004]).
In light of the foregoing, we need not reach the appellant's remaining contentions. Mastro,J.P., Covello, Eng and Leventhal, JJ., concur.