Opinion
Submitted December 21, 1999
February 17, 2000
In a child protective proceeding pursuant to Family Court Act article 10, the mother appeals from so much of a fact-finding and dispositional order of the Family Court, Kings County (Porzio, J.), dated November 13, 1997, as, after a hearing, found that the child had been abused and neglected by the appellant and placed the child in the custody of the Commissioner of Social Services of the City of New York for a period of 12 months.
Robert E. Nicholson, Brooklyn, N.Y., for appellant.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Paul L. Herzfeld of counsel), for respondent.
Monica Drinane, New York, N.Y. (Diane Pazar of counsel), Law Guardian for the child.
GUY JAMES MANGANO, P.J., MYRIAM J. ALTMAN, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the appeal from so much of the order as placed the child in the care of the Commissioner of Social Services for a period of 12 months is dismissed as academic, without costs or disbursements; and it is further,
ORDERED that the order is affirmed insofar as reviewed, without costs or disbursements.
The appeal from so much of the order as placed the child in the care of the Commissioner of Social Services must be dismissed as academic because that order expired by its own terms after one year (see, Matter of Arthur C., 260 A.D.2d 478; Matter of R. W. Children, 240 A.D.2d 207; Matter of Jason J., 237 A.D.2d 357; Matter of Commissioner of Social Servs. v. Anne F., 225 A.D.2d 620). Nevertheless, the adjudication of abuse and neglect constitutes a permanent and significant stigma which might indirectly affect the appellant's status in any future proceedings. Therefore, the appeal from so much of the order of disposition as determined that she abused and neglected her child is not academic (see, Matter of Eddie E., 219 A.D.2d 719; Matter of H. Children, 156 A.D.2d 520).
Contrary to the appellant's contention, the respondent proved by a preponderance of the evidence that she abused and neglected her child (see, Julian L. v. Hyacinth L., 210 A.D.2d 329, 331; see also,Matter of Irene O., 38 N.Y.2d 776; Matter of Carine T., 183 A.D.2d 902).