| Matter of Omar Saheem Ali J. (Matthew J.) |
| 2011 NY Slip Op 00095 [80 AD3d 463] |
| January 11, 2011 |
| Appellate Division, First Department |
| In the Matter of Omar Saheem Ali J., a Child Alleged to be Abandoned.Matthew J., Appellant; Little Flower Children and Family Services of New York,Respondent. |
—[*1] Carrieri & Carrieri, P.C., Mineola (Ralph R. Carrieri of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), Attorneyfor the Child.
Order, Family Court, Bronx County (Carol Ann Stokinger, J.), entered on or about May 18,2009, which, upon a fact-finding determination that respondent father had abandoned the subject child,terminated his parental rights and committed custody and guardianship of the child to petitioner agencyand the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, withoutcosts.
The finding of abandonment was established by clear and convincing evidence (see Matter ofRuben J.R., 303 AD2d 238 [2003], lv denied 100 NY2d 507 [2003]). The father did notcontact the agency or the child, and did not send letters, cards or gifts for his son during the six monthsimmediately preceding the filing of the petition (see Matter of Annette B., 4 NY3d 509, 513 [2005]). Although a courtorder prevented the father from visiting the child until a mental health evaluation was completed, that didnot absolve him of the obligation to maintain contact and he took no steps to resume contact once thereport was completed (see Matter of RaquelN. [Evelyn O.], 71 AD3d 418, 419 [2010]). Furthermore, contrary to the father's assertion,the agency was not required to demonstrate diligent efforts to encourage his relationship with the child(see Matter of Gabrielle HH., 1 NY3d549, 550 [2003]).
The father's request for a suspended judgment was raised for the first time on appeal, and [*2]is unpreserved. In any event, a suspended judgment would not have beenappropriate under the circumstances. The child was in a loving, preadoptive foster home for severalyears, where his special needs were being met (see Matter of Kairi Jazlyn F., 50 AD3d 602 [2008]).Concur—Andrias, J.P., Friedman, Catterson, Renwick and DeGrasse, JJ.