Matter of Elijah G.
Decision Date | 30 June 2009 |
Docket Number | 956.,955. |
Citation | 63 A.D.3d 640,2009 NY Slip Op 05395,881 N.Y.S.2d 426 |
Parties | In the Matter of STEPHON ELIJAH G., a Child Alleged to be Neglected. STEPHANIE G., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent. |
Court | New York Supreme Court — Appellate Division |
The placement has been rendered moot by the expiration of the dispositional order from which respondent appeals (Matter of Taisha R., 14 AD3d 410 [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 AD2d 929 [1996], lv denied 88 NY2d 803 [1996], citing, inter alia, Matter of Madeline R., 214 AD2d 445 [1995]).
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