Opinion
2002-10113.
Decided June 7, 2004.
In three related child protective proceedings pursuant to Family Court Act article 10, the mother appeals from so much of an order of disposition of the Family Court, Kings County (Lim, J.), dated January 6, 2003, as, upon a fact-finding order of the same court dated September 5, 2002, made after a hearing, finding that she neglected the subject children, placed the children with the Administration for Children's Services until November 14, 2003. Assigned counsel has submitted a brief in accordance with Anders v. California ( 386 U.S. 738) in which he moves to be relieved of the assignment to prosecute this appeal.
Lewis S. Calderon, Jamaica, N.Y., for appellant, and appellant pro se.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Barry P. Schwartz and Deborah A. Brenner of counsel), for respondent Administration for Children's Services.
Monica Drinane, New York, N.Y. (Patricia S. Colella of counsel), Law Guardian for the children.
Before: SONDRA MILLER, J.P., THOMAS A. ADAMS, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the notice of appeal from the fact-finding order is deemed a premature notice of appeal from the order of disposition ( see CPLR 5520[c]); and it is further,
ORDERED that the appeal from so much of the order of disposition as placed the children with the Administration for Children's Services until November 14, 2003, is dismissed as academic, as the period of placement has expired ( see Matter of Christina C., 3 A.D.3d 564; Matter of Sam G., 294 A.D.2d 363; Matter of Jacqueline S., 284 A.D.2d 398); and it is further,
ORDERED that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.
We have reviewed the record and agree with the appellant's assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted ( see Anders v. California, supra; Matter of Bianca C., 309 A.D.2d 932; Matter of Alexis B., 292 A.D.2d 604).
The mother has not raised any nonfrivolous issues in her supplemental pro se brief. The Family Court's finding of neglect against the mother due to drug abuse is supported by the testimony and by documentary evidence adduced at the hearing ( see Family Ct Act §§ 1012[f][i][B], 1046[a][iii]; Matter of Nassau County Dept. of Social Servs. v. Denise J., 87 N.Y.2d 73; Matter of Sidney S., 292 A.D.2d 534; Matter of Krewsean S., 273 A.D.2d 393).
S. MILLER, J.P., ADAMS, COZIER and RIVERA, JJ., concur.