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In re Ezri

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 11, 2010

IN RE EZRI, A CHILD UNDER THE AGE OF EIGHTEEN YEARS, ETC., AND KIMBERLY F., RESPONDENT-APPELLANT,
v.
ALBA R., PETITIONER-RESPONDENT.

Order, Family Court, Bronx County (Douglas E. Hoffman, J.), entered on or about November 12, 2008, which, upon a finding of abandonment, terminated respondent mother's parental rights to the subject child and determined that her consent was not required for the child's adoption by petitioner stepmother, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., DeGrasse, Freedman, Manzanet-Daniels, RomÁn, JJ.

The finding of abandonment is supported by clear and convincing evidence of "a purposeful ridding of parental obligations and the foregoing of parental rights -- a withholding of interest, presence, affection, care and support" (see Matter of Corey L. v Martin L., 45 NY2d 383, 391 [1978]). Respondent admitted that she failed to contact, visit, call or provide support for the child during the six months preceding the filing of the petition. She also admitted that the child's father, with whom the child has resided since May 2002, did not discourage contact during this time period. Moreover, although respondent has experience with court proceedings, she took no steps to enforce her parental rights or to obtain visitation until after the adoption petition was filed.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100311

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