| Matter of Robert A.G. |
| 2009 NY Slip Op 03726 [62 AD3d 701] |
| May 5, 2009 |
| Appellate Division, Second Department |
| In the Matter of Robert A.G. Nassau County Department of SocialServices, Respondent; Kathleen G., Appellant. |
—[*1] Lorna B. Goodman, County Attorney, Mineola, N.Y. (Rosanne Harvey of counsel), forrespondent. James E. Flood, Jr., Massapequa, N.Y., attorney for the child.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rightson the ground of abandonment, the mother appeals from an order of fact-finding and dispositionof the Family Court, Nassau County (Dane, J.), dated January 31, 2008, which, after a hearing,terminated her parental rights on the ground of abandonment and transferred custody andguardianship of the subject child to the Nassau County Department of Social Services for thepurposes of adoption.
Ordered that the order of fact-finding and disposition is affirmed, without costs ordisbursements.
The evidence adduced at the fact-finding hearing established, by clear and convincingevidence, that the mother abandoned her son during the six-month period immediately prior tothe filing of the petition (see Social Services Law § 384-b [4] [b]; Matter of Dallas Keith M., 55 AD3d612 [2008]; Matter of Jamar TerryN., 46 AD3d 563 [2007]; Matter of Female F., 40 AD3d 993, 993-994 [2007]). The mother'scontact with her son was insufficient to defeat the presumption of abandonment (see Matterof Jeremiah Kwimea T., 10 [*2]AD3d 691, 692 [2004]; Matter of Miguel K., 1 AD3d 438,439 [2003]; Matter of Kerry J., 288 AD2d 221 [2001]; Matter of Ronald D., 282AD2d 533 [2001]). Moreover, the mother failed to satisfy her burden of proving that she sufferedfrom a severe hardship that so permeated her life that attempts at communication were notfeasible (see Matter of Jamar Terry N., 46 AD3d at 563; Matter of Elizabeth Susanna R., 11AD3d 619, 620 [2004]).
Contrary to the mother's contention, under the circumstances the Family Court providentlyexercised its discretion in terminating her parental rights without first conducting a dispositionalhearing (see Matter of Miguel K., 1 AD3d at 439; Matter of Tashara B., 299AD2d 356 [2002]).
The mother's remaining contention is without merit. Skelos, J.P., Florio, Leventhal and Hall,JJ., concur.