| Matter of Isaiah M. (Antoya M.) |
| 2012 NY Slip Op 04693 [96 AD3d 516] |
| June 12, 2012 |
| Appellate Division, First Department |
| In the Matter of Isaiah M., a Child Alleged to be Neglected. AntoyaM., Appellant; Administration for Children's Services, Respondent. |
—[*1] Proskauer Rose LLP, New York (David Munkittrick of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Susan Paulson of counsel), forrespondent. Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel),attorney for the child.
Order of disposition, Family Court, Bronx County (Jane Pearl, J.), entered on or aboutOctober 27, 2009, which, upon a fact-finding determination of neglect, placed the subject childwith petitioner until completion of the next permanency hearing, unanimously affirmed insofar asit brings up for review the fact-finding determination, and the appeal therefrom otherwisedismissed as moot, without costs. Appeal from fact-finding order, same court and Judge, enteredon or about August 24, 2009, unanimously dismissed, without costs, as superseded by the appealfrom the order of disposition.
Contrary to appellant's contention, "[a] single incident 'where the parent's judgment wasstrongly impaired and the child exposed to a risk of substantial harm' can sustain a finding ofneglect" (Matter of Kayla W., 47AD3d 571, 572 [2008], quoting Matter of Pedro C. [Josephine B.], 1 AD3d 267, 268 [2003];see Matter of Zariyasta S., 158 AD2d 45 [1990]). Appellant testified that she was in apark with her son when she began to experience auditory hallucinations that were telling her thata demon wanted her to harm her son. After appellant stopped a passerby for help, she was takento a hospital where she signed a temporary release allowing the Administration for Children'sServices to take the child into its custody. Appellant, whose medical records show she hasexperienced delusions of demons since her childhood, was thereafter involuntarily committed fora month, during which time she continued to be extremely delusional and psychotic with bizarrebehavior, and lacked insight into her mental illness.
The court's finding of neglect was supported by a preponderance of evidence that appellant'sjudgment was strongly impaired and that her lack of judgment exposed the child to a [*2]substantial risk of harm to his physical, mental, and emotionalhealth (see Matter of Noah Jeremiah J.[Kimberly J.], 81 AD3d 37, 50 [2010]; Matter of Zariyasta S., 158 AD2d at 48;Matter of Jesse DD., 223 AD2d 929, 930-931 [1996], lv denied 88 NY2d 803[1996]; see also Family Ct Act § 1046 [b] [i]). Concur—Tom, J.P.,Mazzarelli, Moskowitz, Renwick and Abdus-Salaam, JJ.