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IN THE MATTER OF JORYI N. (ANONYMOUS). COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, RESPONDENT, RAMON N. (ANONYMOUS), APPELLANT (PROCEEDING NO. 1). IN THE MATTER OF ARICELLI N. (ANONYMOUS). COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, RESPONDENT, RAMON N. (ANONYMOUS), APPELLANT (PROCEEDING NO. 2).

DECISION ORDER

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

Contrary to the father's contention, the evidence adduced at the fact-finding hearing established, by clear and convincing evidence, that he had abandoned the children for the period of six months immediately prior to the filing of the petitions (see, Social Services Law § 384-b[a]; Matter of I.R., 153 A.D.2d 559; Matter of V. (Anonymous), Akram Salim, 277 A.D.2d 391 [2d Dept., Nov. 20, 2000]). Moreover, since he offered no evidence tending to show that the agency discouraged contact between him and the children, he failed to overcome the presumption of abandonment (see, Matter of Anthony M., 195 A.D.2d 315; see also, Matter of R. (Anonymous), Alexa Roy, 276 A.D.2d 703).

The father's remaining contentions are without merit.

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MATTER OF JORYI N
(Mar 19, 2001)