Matter of Imiya P. (Randall S.--Sidnie L.)

Matter of Imiya P. (Randall S.) 2010 NY Slip Op 00372 [69 AD3d 480] January 19, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 10, 2010

In the Matter of Imiya P., an Infant. Randall S., Appellant; Administration for Children's Services, Respondent, et al., Respondent.

—[*1] Dora M. Lassinger, East Rockaway, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Jane L. Gordon of counsel), for ACS respondent.

Appeal from order of disposition, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about December 9, 2008, which conditioned the release of the subject child to respondent mother with agency supervision for 12 months upon, inter alia, respondent Randall S.'s completion of a drug rehabilitation program, unanimously dismissed as moot, without costs.

Respondent Randall S.'s challenge to the disposition is moot, since the terms of the order, along with the agency supervision, have expired (see Matter of Kazmir K., 63 AD3d 522 [2009]; Matter of Lashina P., 52 AD3d 293, 293 [2008]).

Were we to consider the merits, we would find that the requirement that respondent complete a drug rehabilitation program was supported by a preponderance of the evidence, including his own admission at fact-finding that he neglected the child by virtue of his drug use, and his failure to seek any treatment (see Matter of Jolie S., 298 AD2d 194 [2002]). Concur—Mazzarelli, J.P., Saxe, Acosta, DeGrasse and Manzanet-Daniels, JJ.