| Matter of Jonathan S. (Ismelda S.) |
| 2010 NY Slip Op 09185 [79 AD3d 539] |
| December 14, 2010 |
| Appellate Division, First Department |
| In the Matter of Jonathan S. and Another, Children Alleged to beNeglected. Ismelda S., Appellant; Administration for Children's Services, Respondent, et al.,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Edward F.X. Hart of counsel), forrespondent. Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), LawGuardian.
Order, Family Court, New York County (Jody Adams, J.), entered on or about July 23, 2009,which, insofar as appealed from, upon a fact-finding determination that respondent mother neglectedthe subject children, placed the children in the custody of the Administration for Children's Services untilthe completion of the next permanency hearing, unanimously affirmed insofar as it brings up for reviewthe fact-finding determination, and the appeal otherwise dismissed, without costs, as moot.
The appeal from the dispositional order has been rendered moot as the date scheduled for the nextpermanency hearing has passed (see Matterof Taisha R., 14 AD3d 410 [2005]).
The finding of neglect is supported by a preponderance of the evidence. The mother's hospitalrecords demonstrate that she was diagnosed with a major depressive disorder, which was recurrentand moderate to severe, and she had expressed to hospital personnel that she was experiencingincreasingly persistent thoughts of killing herself and drowning the children in the bathtub. There werealso numerous incidents of domestic violence in the presence of the children. Under thesecircumstances, the court properly found that the children's "physical, mental or emotional condition. . . [was] in imminent danger of becoming impaired" (Family Ct Act § 1012 [f] [i];see Matter of Kayla W., 47 AD3d571 [2008]). Contrary to the mother's [*2]contention, experttestimony regarding how her mental illness affected her ability to care for the children was not required(see Matter of Jayvien E. [Marisol T.],70 AD3d 430, 436 [2010]). Concur—Tom, J.P., Andrias, Saxe, Freedman andManzanet-Daniels, JJ.