IN RE: STEPHON ELIJAH G. (2009)

Order of disposition, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about March 12, 2008, placing the subject child, until completion of the next permanency hearing, with petitioner upon a fact-finding determination of neglect, unanimously affirmed insofar as it brings up for review the fact-finding determination, and the appeal therefrom otherwise dismissed as moot, without costs.   Appeal from fact-finding order, same court and Judge, entered on or about March 12, 2008, unanimously dismissed, without costs, as superseded by the appeal from the order of disposition.

 The placement has been rendered moot by the expiration of the dispositional order from which respondent appeals (Matter of Taisha R., 14 A.D.3d 410, 788 N.Y.S.2d 357 [2005] ).   The finding of neglect is supported by a preponderance of the evidence showing, inter alia, that respondent has a history of unresolved psychiatric and drug-related problems;  failed to comply with a 2005 neglect order, issued in a proceeding involving another child who was ultimately adopted, directing her to seek treatment for such conditions;  used marijuana while pregnant with the subject child;  and was too confused at times to address her own needs (Family Ct. Act § 1012 [f][i];  see Matter of Jesse DD., 223 A.D.2d 929, 636 N.Y.S.2d 925 [1996], lv. denied 88 N.Y.2d 803, 645 N.Y.S.2d 445, 668 N.E.2d 416 [1996], citing, inter alia, Matter of Madeline R., 214 A.D.2d 445, 625 N.Y.S.2d 512 [1995] ).