Opinion
2279, 2279A, 2279B
November 20, 2003.
Appeal from order of disposition, Family Court, Bronx County (Gayle Roberts, J.), entered on or about April 11, 2002, which, after a fact-finding determination of neglect, placed the subject child with petitioner Administration for Children's Services for a period of 12 months, unanimously dismissed as moot, without costs. Appeal from order, same court and Judge, entered on or about June 2, 1999, which denied petitioner's application for return of the child following his temporary removal from her home, unanimously dismissed as moot, without costs. Order, same court and Judge, entered on or about January 18, 2000, which, after a hearing, found that respondent had neglected the child, unanimously affirmed, without costs.
Eva Pappadopoulos, for Pedro C.
Patricia W. Jellen, for respondent-appellant.
Larry A. Sonnenshein, for petitioner-respondent.
Before: Tom, J.P., Saxe, Sullivan, Lerner, Friedman, JJ.
The finding of neglect is supported by a preponderance of the evidence (Matter of Nicole V., 71 N.Y.2d 112, 117), including credited testimony of police officers that respondent was found intoxicated on the street late at night far from her home with her then two-year-old child, became loud and hostile when the officers inquired as to what she was doing, and exhibited bizarre behavior at the precinct (see Matter of Shyasia L., 286 A.D.2d 391, lv dismissed 97 N.Y.2d 668). We reject respondent's contention that a single incident of this kind, where the parent's judgment was strongly impaired and the child exposed to a risk of substantial harm, does not constitute neglect (cf. Matter of Victoria CC., 256 A.D.2d 931). Under the circumstances, it does not avail respondent that the child did not suffer actual injury that night (see Matter of Billy Jean II, 226 A.D.2d 767).
Respondent's appeal from the June 1999 order that denied her application for return of the child following his temporary removal from her home is dismissed, since that order expired upon entry of the fact-finding order in January 2000. Similarly, the appeal from the April 2002 dispositional order is dismissed, since its 12-month placement terms have expired (see Matter of Simone M., 298 A.D.2d 171). In any event, the placement is amply supported by evidence of respondent's mental illness and continued substance abuse.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.