Matter of Jabez F. (Martha L.)

Matter of Matter of Jabez F. (Martha L.) 2012 NY Slip Op 00823 Decided on February 7, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 7, 2012
Mazzarelli, J.P., Andrias, DeGrasse, Richter, Abdus-Salaam, JJ.
6718

[*1]In re Jabez F., and Another, Dependent Children Under 18 Years of Age, etc.,

and

Martha L., Respondent-Appellant, Bernard F., Respondent, Commissioner of Administration for Children's Service, Petitioner-Respondent.




Patricia W. Jellen, Eastchester, for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Dona B.
Morris of counsel), for Administration for Children Services,
respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Susan
Clement of counsel), attorney for the children.

Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about November 1, 2010, which, upon a finding of neglect, placed the subject children with the Commissioner of Social Services until the completion of the next permanency hearing, scheduled for April 8, 2011, unanimously affirmed, insofar as it brings up for review the fact-finding determination, and the appeal otherwise dismissed as moot, without costs.

Respondent mother's claim that the court, following a hearing pursuant to Family Court Act § 1028, erred in denying her application to have the children returned to her pending the neglect proceeding was rendered moot by the subsequent fact-finding determination of neglect (see Matter of Charnel T., 49 AD3d 427 [2008]).

The Family Court's determination that neglect was proved by a preponderance of the evidence was amply supported by the record. The mother had, inter alia, a conviction of aggravated sexual abuse of her older children in another state, for which she served five years, a long history of drug abuse that extended, by her own admission, five months into her pregnancy with the younger of the subject children, and a history of serious mental illness (see Matter of Justice T., 305 AD2d 1076 [2003], lv denied 100 NY2d 512 [2003]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. [*2]

ENTERED: FEBRUARY 7, 2012

CLERK