| Matter of Angelyna G. |
| 2007 NY Slip Op 09694 [46 AD3d 304] |
| December 11, 2007 |
| Appellate Division, First Department |
| In the Matter of Angelyna G., Also Known as Angelyna M., a ChildAlleged to be Neglected. John G., Appellant; Administration for Children's Services,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York City (Fay Ng of counsel), forrespondent. Tamara A. Steckler, The Legal Aid Society, New York City (John A. Newberry of counsel),Law Guardian.
Order, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about March10, 2006, which, after a hearing, found that respondent father had neglected the child,unanimously affirmed, without costs. Appeal from order of disposition, same court and Judge,entered on or about May 4, 2006, which, after a fact-finding determination of neglect, placed thesubject child with petitioner Commissioner of the Administration for Children's Services pendingthe completion of a permanency hearing then scheduled for November 2, 2006, unanimouslydismissed as moot, without costs.
The record fully supports the court's credibility determinations in finding that the fatherneglected the child by smoking crack cocaine during the period in question and by failing tosubmit to random drug tests and to complete a parenting skills program (Family Ct Act §1012 [f] [i] [B]; see generally Matter ofSara B., 41 AD3d 170, 171 [2007]). The fact that the mother was opposed to the father'scustody application did not require wholesale rejection of her testimony, which implicated her, aswell as the father, in drug use.
The appeal from the May 2006 dispositional order is rendered moot by the fact that it was[*2]superseded by a subsequent order (see generally Matter of Jabarry W., 24AD3d 218, 219 [2005], lv denied 6 NY3d 711 [2006]). Concur—Marlow,J.P., Nardelli, Williams and McGuire, JJ.