IN RE: TAISHA R. and Another

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Supreme Court, Appellate Division, First Department, New York.

IN RE: TAISHA R. and Another, Children Under the Age of Eighteen Years, etc., Nancy J., Respondent-Appellant, Ivan M., Respondent, Administration for Children's Services, Petitioner-Respondent.

Decided: January 20, 2005

BUCKLEY, P.J., TOM, ANDRIAS, MARLOW, ELLERIN, JJ. Louise Belulovich, New York, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for Administration for Children's Services, respondent. Steven Banks, The Legal Aid Society, New York (Judith Stern of counsel), Law Guardian.

Orders of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about August 7, 2003, which, upon a fact-finding determination of neglect, placed the subject children in the custody of petitioner Administration for Children's Services to reside with their maternal aunt until March 9, 2004, unanimously affirmed, insofar as it brings up for review the fact-finding determination, and the appeal otherwise dismissed as moot, all without costs.

 The placement has been rendered moot by the expiration of the dispositional order from which respondent appeals (see Matter of Thalia L., 303 A.D.2d 162, 754 N.Y.S.2d 886 [2003] ).   The finding of neglect is supported by a preponderance of the evidence showing that respondent, who did not testify, regularly used marijuana while pregnant with the younger child and caring for both children, often to calm herself after an argument with the children's father.   Moreover, respondent was not enrolled in a drug treatment program (see Family Ct. Act § 1046[a][iii];  Matter of Synovia G., 163 A.D.2d 257, 558 N.Y.S.2d 539 [1990];  Matter of Krewsean S., 273 A.D.2d 393, 394, 709 N.Y.S.2d 616 [2000] ), and told the older child not to tell anyone about the father's repeated acts of domestic violence that were causing the child to experience fear and distress (see Matter of Nicholson v. Scoppetta, 3 N.Y.3d 357, 371-72, 787 N.Y.S.2d 196, 820 N.E.2d 840 [2004];  Matter of Danielle M., 151 A.D.2d 240, 242-243, 542 N.Y.S.2d 525 [1989] ).