Opinion
November 2, 1998
Appeal from the Family Court, Queens County (Lubow, J.).
Ordered that the appeal from so much of the orders of disposition as placed the children in the care of the Commissioner of Social Services is dismissed, without costs or disbursements; and it is further,
Ordered that the orders of disposition are affirmed insofar as reviewed, without costs or disbursements.
The appeal from so much of the dispositional orders dated August 7, 1996, as placed the children in the care of the Commissioner of Social Services, is academic because the one-year placement period has expired and subsequent orders extending placement have been issued ( see, Matter of Commissioner of Social Servs. [Jessica M.] v. Anne F., 225 A.D.2d 620; Matter of New York City Dept. of Social Servs. [Kalisha A.] v. Diognes T., 208 A.D.2d 844).
There is no merit to the appellant's contention that the court erred in finding that she had abused Rozella S. ( see, Family Ct Act § 1012 [e] [i]; § 1046 [a] [ii]; Matter of Philip M., 82 N.Y.2d 238; Matter of Eric J., Jr., 223 A.D.2d 412, citing Matter of Katherine C., 122 Misc.2d 276; Matter of Robert YY., 199 A.D.2d 690). Additionally, since no evidence of past physical or emotional injury to the child is required in order to make a derivative finding of neglect, the court's determination with respect to Ottavia S. also was proper ( see, Family Ct Act § 1046 [a] [i]; Matter of Commissioner of Social Servs. [Kanisha W.], 233 A.D.2d 325; Matter of Commissioner of Social Servs. of City of N.Y. [Julian L.] v. Hyacinth L., 210 A.D.2d 329; Matter of Dutchess County Dept. of Social Servs. [Douglas E., III] v. Douglas E., Jr., 191 A.D.2d 694).
Bracken, J. P., Santucci, Krausman and Florio, JJ., concur.