IN RE: CUSTODY etc. OF CHRISTOPHER L.

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

IN RE: CUSTODY etc. OF CHRISTOPHER L., A Child Under the Age of Eighteen Years, etc., Kathy L., Respondent-Appellant, Administration for Children's Services, Petitioner-Respondent.

Decided: September 20, 2001

SULLIVAN, P.J., MAZZARELLI, ELLERIN, WALLACH and LERNER, JJ. Amy Hausknecht, for Christopher L. John A. Pappalardo, for Respondent-Appellant. Cheryl Payer, for Petitioner-Respondent.

Order of disposition, Family Court, New York County (Rhoda Cohen, J.), entered on or about February 24, 1999, which, insofar as appealed from as limited by appellant's brief, took custody of the subject child away from her upon a finding of neglect, unanimously affirmed, without costs.

The finding of neglect is supported by a preponderance of the evidence showing untreated mental illness and drug abuse due to lack of cooperation with counselors and therapists, lack of cooperation with child protection investigators, an extremely unstable home environment and erratic behavior (Family Court Act § 1012[f][i];  see, Matter of Madeline R., 214 A.D.2d 445, 625 N.Y.S.2d 512;  Matter of Caress S., 250 A.D.2d 490, 673 N.Y.S.2d 123).   Such evidence includes the testimony of the clinical supervisor of the program for persons with mental illness in which respondent-appellant had participated, the testimony of her current caseworker, duly certified health records and the records of prior neglect proceedings resulting in the termination of her parental rights to her other children.