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IN RE TERRY

Appellate Division of the Supreme Court of New York, Second Department.
Dec 4, 2007
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Ordered that the orders of fact-finding and disposition are affirmed, without costs or disbursements.

The evidence adduced at the fact-finding hearing established, by clear and convincing evidence, that the mother had abandoned the children for the six-month period immediately prior to the filing of the petitions ( see Social Services Law ยง 384-b [a]; Matter of Female E, 40 AD3d 993; Matter of Saquan L.E., 19 AD3d 418; Matter of I.R., 153 AD2d 559). In opposition, the mother failed to satisfy her burden of proving that she suffered from a severe hardship that so permeated her life that attempts at communication were not feasible ( see Matter of Elizabeth Susanna R., 11 AD3d 619).

Contrary to the mother's contention, the Family Court acted within its discretion in terminating her parental rights without first conducting a dispositional hearing ( see Matter of Miguel K., 1 AD3d 438; Matter of Tashara B., 299 AD2d 356).