| Matter of Stephon Elijah G. |
| 2009 NY Slip Op 05395 [63 AD3d 640] |
| June 30, 2009 |
| Appellate Division, First Department |
| In the Matter of Stephon Elijah G., a Child Alleged to beNeglected. Stephanie G., Appellant; Administration for Children's Services,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Susan B. Eisner of counsel), forrespondent. Tamara A. Steckler, The Legal Aid Society, New York (Judith Harris of counsel), LawGuardian.
Order of disposition, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or aboutMarch 12, 2008, placing the subject child, until completion of the next permanency hearing, withpetitioner upon a fact-finding determination of neglect, unanimously affirmed insofar as it bringsup for review the fact-finding determination, and the appeal therefrom otherwise dismissed asmoot, without costs. Appeal from fact-finding order, same court and Judge, entered on or aboutMarch 12, 2008, unanimously dismissed, without costs, as superseded by the appeal from theorder of disposition.
The placement has been rendered moot by the expiration of the dispositional order fromwhich respondent appeals (Matter of Taisha R., 14 AD3d 410 [2005]). The finding ofneglect is supported by a preponderance of the evidence showing, inter alia, that respondent hasa history of unresolved psychiatric and drug-related problems; failed to comply with a 2005neglect order, issued in a proceeding involving another child who was ultimately adopted,directing her to seek treatment for such conditions; used marijuana while pregnant with thesubject child; and was too confused at times to address her own needs (Family Ct Act §1012 [f] [i]; see Matter of Jesse DD., [*2]223 AD2d 929[1996], lv denied 88 NY2d 803 [1996], citing, inter alia, Matter of Madeline R.,214 AD2d 445 [1995]). Concur—Mazzarelli, J.P., Saxe, Catterson, DeGrasse andAbdus-Salaam, JJ.