Matter of Joyce A-M. (Yvette A.)

Dec 1, 2009
1611 1611A
Versions:68 AD3d 417
2009 NY Slip Op 08880

In the Matter of Joyce A-M. and Another, Children Alleged to be Neglected. Yvette A., Appellant; Administration for Children‘s Services, Respondent.

—[*1] Steven N. Feinman, White Plains, for appellant.

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

Adam M. Brown, Bronx, Law Guardian.

Order of disposition, Family Court, Bronx County (Clark V. Richardson, J.), entered on or about September 26, 2008, placing the subject children in petitioner‘s custody until completion of the next permanency hearing, upon a fact-finding determination of neglect, unanimously affirmed insofar as it brings up for review the fact-finding determination, and the appeal therefrom otherwise dismissed as moot, without costs. Appeal from fact-finding order, same court and Judge, entered on or about September 26, 2008, unanimously dismissed, without costs, as superseded by the appeal from the order of disposition.

The placement is moot as the date scheduled for the next permanency hearing has passed (see Matter of Stephon Elijah G., 63 AD3d 640 [2009]). The finding of neglect is supported by a preponderance of the evidence showing that respondent [*2] failed to timely pick up the children from day care, necessitating police involvement to ensure their safety, and had been found guilty of neglect in prior, separate proceedings. Concur—Mazzarelli, J.P., Sweeny, Catterson, Freedman and Roman, JJ.