Opinion
1173, 1172.
05-19-2016
In re ZOEY A., A Child Under the Age of Eighteen Years, etc., Felicia A., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.
Tennille M. Tatum–Evans, New York, for appellant. Zachary W. Carter, Corporation Counsel, New York (Melanie T. West of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Jess Rao of counsel), attorney for the child.
Tennille M. Tatum–Evans, New York, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Melanie T. West of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Jess Rao of counsel), attorney for the child.
Opinion
Order of fact-finding, Family Court, New York County (Clark V. Richardson, J.), entered on or about February 28, 2014, which found that respondent mother neglected the subject child, unanimously affirmed, without costs. Appeal from order of disposition, entered on or about April 15, 2014, which, inter alia, placed the child with the Commissioner of Social Services until the completion of the next permanency hearing, unanimously dismissed, without costs, as moot.
Any challenge to the order of disposition is moot as the terms of the order have expired, and the mother's parental rights have since been terminated (see e.g. Matter of Erica D. [Maria D.], 77 A.D.3d 505, 909 N.Y.S.2d 64 [1st Dept.2010] ).
A preponderance of the evidence supports the finding that the child's physical, mental or emotional condition was in imminent danger of becoming impaired as a result of the mother's mental illness and resistance to treatment (see Family Ct. Act §§ 1046[b][i] ; 1012[f][i][B] ). The record shows, inter alia, that the mother exhibited bizarre behavior while caring for the then-infant child, including handling her roughly, failing to support the child's head and neck, failing to attend to her hygienic needs, and leaving her unattended. Furthermore, the mother refused to acknowledge her severe, symptomatic mental illness, or comply with any treatment regimen (see Matter of Karma C. [Tenequa A.], 122 A.D.3d 415, 995 N.Y.S.2d 71 [1st Dept.2014] ; Matter of Cerenithy Ecksthine B. [Christian B.], 92 A.D.3d 417, 419–420, 938 N.Y.S.2d 510 [1st Dept.2012] ).
SWEENY, J.P., RENWICK, ANDRIAS, KAPNICK, KAHN, JJ., concur.