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In the Matter of SERENITY ANYA C. CATHOLIC GUARDIAN SOCIETY AND HOME BUREAU et al., Respondents; ERIC VINCENT C., Appellant, et al., Appellant, et al., Respondents.

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 not required was supported by clear and convincing evidence ( see Matter of Sharissa G., 51 AD3d 1019). The appellant failed to meet his burden of establishing that he maintained substantial and continuous or repeated contact with the child through the payment of support and either regular visitation or other communication with the child ( see Domestic Relations Law § 111 [d]; Matter of Hassan Lawrence W., 42 AD3d 573). Imprisonment does not excuse a parent from maintaining contact with a child or agency ( see Matter of Baby Boy C., 13 AD3d 619, 620-621; Matter of Felix M., 9 AD3d 432, 433).

In light of the foregoing, we need not reach the appellant's remaining contentions.

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IN RE SERENITY ANYA
(Mar 17, 2009)