In re Susan B.
In a child protective proceeding pursuant to Family Court Act article 10, the mother appeals from an order of disposition of the Family Court, Queens County (Berman, J.), dated January 21, 1997, which, upon a fact-finding order of the same court, dated September 11, 1996, made after a hearing, finding that she had neglected her children, placed them in the custody of the Commissioner of Social Services for a period of 12 months. The appeal brings up for review the fact-finding order.
Ordered that the appeal from so much of the order of disposition as placed the children in the custody of the Commissioner of Social Services is dismissed as academic, without costs or disbursements; and it is further,
Ordered that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.
The mother’s appeal from so much of the order of disposition as placed the children in the custody of the Commissioner of Social Services for a period of 12 months must be dismissed as academic because that order has expired by its own terms and has been replaced by subsequent orders extending placement, from which no appeals have been taken (see, Matter of Arthur C.,
Even assuming, as contended by the mother, that her children had not been left alone overnight but rather, had been left in the care and supervision of her husband, the subject children’s stepfather, the court did not err in finding that the mother’s actions constituted neglect (see, Family Ct Act § 1012 [f] [i] [B]; Matter of Jessica D.,
There is no merit to the mother’s contention that she was denied a fair hearing due to the court’s failure to recuse itself from presiding over these neglect proceedings and mating the fact-finding determination. Under the circumstances presented at bar, the court’s recusal was not warranted as a matter of law (see, Judiciary Law § 14; People v Moreno,