Appeal from an order of the Family Court of Albany County (Tobin, J.), entered October 14, 1999, which, inter alia, granted petitioner’s application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate Pasquale U. an abandoned child, and terminated respondent’s parental rights.
Respondent’s son has continuously been in petitioner’s custody since May 6, 1998 — just four days following his birth. Petitioner commenced this proceeding on January 22, 1999 to terminate respondent’s parental rights based on abandonment, as manifested by respondent’s failure to visit or communicate with the child or petitioner for a period of six months prior to the date of the filing of the petition (see, Matter of Matthew YY.,
“In order to terminate parental rights on the ground of abandonment, there must be clear and convincing evidence that, for a period of six months prior to the filing of the abandonment petition, the parent failed to visit or communicate with the child [ ] and was not prevented or discouraged from doing so by the authorized agency [citations omitted]” (id., at 688). “‘The burden is upon the parent to demonstrate that he or she maintained sufficient contacts with the child’ ” (id., at 688, quoting Matter of Charles U.,
Respondent apparently wrote a letter to Family Court in August 1998 inquiring into the status and whereabouts of his son and he made a request for visitation during a Family Court hearing on September 9, 1998. He also alleged, in contradiction to the testimony of petitioner’s witnesses, that he wrote to petitioner once in July 1998. These isolated incidents of attempted contact — even if credited — do not preclude a finding of abandonment (see, Matter of Charles U., supra, at 589-590), especially in light of the fact that respondent made little, if any, attempt to contact petitioner or his child directly as required by the statute (see, Social Services Law § 384-b [5]). In our view, respondent neglected to maintain sufficient contact during the relevant period of time (see, Matter of Nahja I.,
We also reject respondent’s contention that Family Court’s determination must be overturned because petitioner failed to
Cardona, P. J., Mercure, Carpinello and Rose, JJ., concur. Ordered that the order is affirmed, without costs.
