| Matter of Fawaz A. (Franklyn B.C.) |
| 2013 NY Slip Op 08825 [112 AD3d 550] |
| December 31, 2013 |
| Appellate Division, First Department |
| In the Matter of Fawaz A., a Child Alleged to be Neglected.Franklyn B.C., Appellant, et al., Respondent; Administration for Children's Services,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Susan Paulson of counsel),for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Adira Hulkower of counsel),attorney for the child.
Order of disposition, Family Court, Bronx County (Kelly A. O'Neill Levy, J.),entered on or about March 30, 2012, which, upon a fact-finding determination of neglectby the infliction of excessive corporal punishment, transferred custody of the subjectchild to petitioner Administration for Children's Services until the next permanencyhearing, and directed appellant to refrain from inflicting corporal punishment on thechild and to continue to attend family therapy and individual counseling until no longerrecommended, unanimously affirmed insofar as it brings up for review the fact-findingdetermination of neglect, and the appeal therefrom otherwise dismissed as moot, withoutcosts.
The court properly found that appellant maternal uncle neglected the subject child byinflicting excessive corporal punishment on him and permitting the babysitter to do thesame, based upon the testimony of the child's teacher and a caseworker that theyobserved bruises on the child's body, which the child attributed to corporal punishmentby appellant and the babysitter (see Nicholson v Scoppetta, 3 NY3d 357, 368 [2004]).
The appeal from the placement terms of the dispositional order is moot, since the[*2]placement terms of the order have expired by theirown terms, and were superseded by subsequent orders (see Matter of Fred Darryl B.,41 AD3d 276, 277 [1st Dept 2007]). Concur—Mazzarelli, J.P., Andrias,DeGrasse, Freedman and Gische, JJ.