| Matter of Lashina P. |
| 2008 NY Slip Op 05334 [52 AD3d 293] [52 AD3d 293] |
| June 10, 2008 |
| Appellate Division, First Department |
| In the Matter of Lashina P., a Child Alleged to be Neglected.Anderson J., Appellant; Administration for Children's Services, Respondent, et al.,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel),for Administration for Children's Services, respondent. Tamara A. Steckler, The Legal Aid Society, New York (Claire V. Merkine of counsel), LawGuardian.
Order of disposition, Family Court, New York County (Karen I. Lupuloff, J.), entered on orabout May 24, 2007, which, insofar as appealed from, upon a fact-finding determination thatrespondent father neglected the subject child, placed the child in the custody of theCommissioner of Social Services pending the completion of the next permanency hearingscheduled for October 10, 2007, unanimously affirmed insofar as it brings up for review thefact-finding determination, and the appeal otherwise dismissed as moot, without costs.
The challenge to the disposition is moot, where the terms of the order have expired and thechild has since been discharged to respondent and her mother (see Matter of Clifford J.,238 AD2d 244 [1997]).
The finding that respondent neglected his daughter was supported by a preponderance of theevidence (see Family Ct Act § 1046 [b] [i]). The record shows that the mother wasdiagnosed with mild mental retardation and could not care for the child on her own, and that,despite being made aware of the mother's limitations, respondent believed that she could care forthe child and expressed his intention to leave the child alone with her. Under the circumstances,the court properly determined that the child was at imminent risk of harm (see Family CtAct § 1012 [f] [i]; see Matter of Anna X., 148 AD2d 890 [1989], lv denied74 NY2d 608 [1989]; see also Matter ofJames C., 47 AD3d 712 [2008]).
We have considered respondent's remaining contentions and find them unavailing.Concur—Tom, J.P., Mazzarelli, Gonzalez, Sweeny and DeGrasse, JJ.