| Matter of Joyce A-M. (Yvette A.) |
| 2009 NY Slip Op 08880 [68 AD3d 417] |
| December 1, 2009 |
| Appellate Division, First Department |
| In the Matter of Joyce A-M. and Another, Children Alleged to beNeglected. Yvette A., Appellant; Administration for Children's Services,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Ronald E. Sternberg of counsel), forrespondent. Adam M. Brown, Bronx, Law Guardian.
Order of disposition, Family Court, Bronx County (Clark V. Richardson, J.), entered on orabout September 26, 2008, placing the subject children in petitioner's custody until completionof the next permanency hearing, upon a fact-finding determination of neglect, unanimouslyaffirmed insofar as it brings up for review the fact-finding determination, and the appealtherefrom otherwise dismissed as moot, without costs. Appeal from fact-finding order, samecourt and Judge, entered on or about September 26, 2008, unanimously dismissed, without costs,as superseded by the appeal from the order of disposition.
The placement is moot as the date scheduled for the next permanency hearing has passed (see Matter of Stephon Elijah G., 63AD3d 640 [2009]). The finding of neglect is supported by a preponderance of the evidenceshowing that respondent [*2]failed to timely pick up the childrenfrom day care, necessitating police involvement to ensure their safety, and had been found guiltyof neglect in prior, separate proceedings. Concur—Mazzarelli, J.P., Sweeny, Catterson,Freedman and Roman, JJ.