In re Thalia L.

Mar 4, 2003
Versions:303 A.D.2d 162
754 N.Y.S.2d 886
2003 N.Y. App. Div. LEXIS 1934

Orders of disposition, Family Court, New York County (Jody Adams, J.), entered on or about October 4, 1999, placing the subject children with petitioner Administration for Children’s Services for a period of 12 months, upon a fact-finding determination of neglect due to mental illness, unanimously affirmed, insofar as it brings up for review the fact-finding determination, and the appeal therefrom otherwise dismissed as moot, all without costs.

We decline to review the placement since the dispositional order from which respondent-appellant appeals has expired (see Matter of Simone M., 298 AD2d 171 [2002]). The finding of mental illness is supported by a preponderance of the evidence showing ongoing mental illness and noncompliance with medication that caused symptoms to worsen, including a paranoia that kept the children confined to the house with the windows closed and shades drawn in warm weather (see Matter of Madeline R., 214 AD2d 445 [1995]; Matter of Caress S., 250 AD2d 490 [1998]). Family Court properly drew an adverse inference against respondent because of her failure to testify. Concur — Andrias, J.P., Saxe, Rosenberger, Williams and Gonzalez, JJ.