Matter of Adena I. (Claude I.)
2012 NY Slip Op 00119 [91 AD3d 484]
Jnury 12, 2012
Appellate Division, First Department
As corrected through Wednesday, February 29, 2012


In the Matter of Adena I., a Child Alleged to be Neglected. ClaudeI., Appellant; Administration for Children's Services, Respondent.

[*1]Dora M. Lassinger, East Rockaway, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Ronald E. Sternberg of counsel), forrespondent.

Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), Attorneyfor the Child.

Order, Family Court, New York County (Clark V. Richardson, J.), entered on or aboutOctober 25, 2010, which, after a hearing, found that respondent had neglected the subject child,unanimously affirmed, without costs. Appeal from order of disposition, same court and Judge,entered on or about February 16, 2011, which placed the child in the custody of theCommissioner for Social Services for the City of New York until the completion of the nextpermanency hearing, unanimously dismissed, without costs.

The finding of neglect was supported by a preponderance of the evidence. Under thecircumstances presented, the court properly found that the child's physical, mental or emotionalcondition was in imminent danger of becoming impaired (see Family Ct Act §1012 [f] [i]; see [*2]also Matter of Kayla W., 47 AD3d 571, 572 [2008]).Respondent's appeal from the dispositional order is dismissed, since its placement terms haveexpired (see Matter of Pedro C.[Josephine B.], 1 AD3d 267 [2003]). Concur—Mazzarelli, J.P., Andrias, Saxe,Freedman and RomÁn, JJ.


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