Opinion
06-13-2017
In re CATHERINE M., A Dependent Child Under the Age of Eighteen, etc., Catherine L., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.
Larry S. Bachner, Jamaica, for appellant. Zachary W. Carter, Corporation Counsel, New York (Ingrid R. Gustafson of counsel), for respondent. Karen Freedman, Lawyers for Children, Inc., New York (Allison Mahoney of counsel), attorney for the child.
Larry S. Bachner, Jamaica, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Ingrid R. Gustafson of counsel), for respondent.
Karen Freedman, Lawyers for Children, Inc., New York (Allison Mahoney of counsel), attorney for the child.
ACOSTA, P.J., RENWICK, RICHTER, FEINMAN, WEBBER, JJ.
Order of disposition, Family Court, New York County (Clark V. Richardson, J.), entered on or about May 17, 2016, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about April 15, 2015, which found that respondent mother had neglected the subject child, unanimously affirmed, and the appeal from the order of disposition otherwise dismissed, without costs, as moot.
The evidence amply supports Family Court's neglect finding on account of the mother's untreated mental illness, which both harmed the child and put her at imminent risk of further harm (Family Ct. Act § 1012[f][i][B] ; Matter of Skye C. [Monica S.], 127 A.D.3d 603, 8 N.Y.S.3d 126 [1st Dept.2015] ;
Matter of Zariyasta S., 158 A.D.2d 45, 48, 557 N.Y.S.2d 895 [1st Dept.1990] ). As a result of her mental illness, the mother, among other things, removed the child from school and kept her socially isolated (Skye C., 127 A.D.3d at 604, 8 N.Y.S.3d 126 ). In addition, the mother's unfounded fear of radioactive contamination in her home caused dozens of emergency personnel to enter the home and transport the child to the hospital for an unnecessary medical evaluation, which the child told caseworkers made her nervous (see Matter of Salvatore M. [Nicole M.], 104 A.D.3d 769, 769, 961 N.Y.S.2d 292 [2d Dept.2013], lv. denied 21 N.Y.3d 858, 2013 WL 2476544 [2013] ). The mother's delusion also caused her to throw away the child's toys, clothing, furniture items, and all of the family's food, leading both the mother and the child to refrain from eating.
The nine-month period of supervised visitation has now lapsed, which render the mother's arguments regarding the disposition moot (Matter of Daleena T. [Wanda W.], 145 A.D.3d 628, 628, 629, 42 N.Y.S.3d 824 [1st Dept.2016] ).
We have considered the mother's remaining contentions and find them unavailing.