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IN THE MATTER OF JOSE ANDRES M. (ANONYMOUS). FORESTDALE INC., ET AL., respondents; v. JOSE M. (ANONYMOUS), appellant. (Proceeding No. 1) Docket No. B-12349/99. IN THE MATTER OF JUAN JOSE M. (ANONYMOUS). FORESTDALE INC., ET AL., respondents;

DECISION ORDER

ORDERED that the orders are affirmed, without costs or disbursements.

A parent's incarcerated status does not excuse him or her from establishing or maintaining contact with his or her child ( see Matter of Ronald D., Jr., 282 A.D.2d 533; Matter of Shakim Ravon B., 257 A.D.2d 547; Matter of Orange County Dept. of Social Servs., 203 A.D.2d 367; Matter of Anthony M., 195 A.D.2d 315, 316). The record demonstrates that the father had no contact with the subject children during the six-month period prior to the filing of the petitions, and did not attempt to establish any contact. Contrary to the father's contention, the petitioners proved by clear and convincing evidence that he abandoned the subject children ( see Matter of Annette B., 2 A.D.3d 721; Social Services Law § 384-b[a]). Further, the Family Court properly concluded that it was in the children's best interests to terminate the father's parental rights ( see Matter of Star Leslie W., 63 N.Y.2d 136, 147-148).

The father's remaining contention is without merit.

ALTMAN, J.P., H. MILLER, GOLDSTEIN and SKELOS, JJ., concur.

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IN THE MATTER OF JOSE M
(Jun 7, 2004)