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In the Matter of NEW YORK FOUNDLING HOSPITAL, Respondent, v. CONSUELA G., Appellant, et al., Respondent.

Ordered that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

The Family Court properly determined that there was clear and convincing proof that the appellant abandoned her daughter prior to the filing of the petition on May 6, 1993 (see, Social Services Law § 384-b [b]). The appellant's incarceration did not prevent her from otherwise contacting her child or the New York Foundling Hospital via telephone or by letter (see, Matter of Orange County Dept. of Social Servs. [Christine S.], 203 A.D.2d 367; Matter of Anthony M., 195 A.D.2d 315; Matter of Dawntal Danielle C., 170 A.D.2d 375).

We find no merit to the appellant's contention that she was not afforded the effective assistance of counsel (see, Matter of A. Children, 189 A.D.2d 872; Matter of Erin G., 139 A.D.2d 737).

The appellant's remaining contentions are either unpreserved for appellate review or without merit. Joy, J.P., Hart, Goldstein and Florio, JJ., concur.

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MATTER OF N.Y. FOUNDLING HOSPITAL v. CONSUELA
(Nov 6, 1995)