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In re Imiya P.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


January 19, 2010

IN RE IMIYA P., A DEPENDENT CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., AND RANDALL S., RESPONDENT-APPELLANT,
v.
SIDNIE L., RESPONDENT,
ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-RESPONDENT.

Appeal from order of disposition, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about December 9, 2008, which conditioned the release of the subject child to respondent mother with agency supervision for 12 months upon, inter alia, respondent Randall S.'s completion of a drug rehabilitation program, unanimously dismissed as moot, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Saxe, Acosta, DeGrasse, Manzanet-Daniels, JJ.

Respondent Randall S.'s challenge to the disposition is moot, since the terms of the order, along with the agency supervision, have expired (see Matter of Kazmir K., 63 AD3d 522 [2009]; Matter of Lashina P., 52 AD3d 293, 293 [2008]).

Were we to consider the merits, we would find that the requirement that respondent complete a drug rehabilitation program was supported by a preponderance of the evidence, including his own admission at fact-finding that he neglected the child by virtue of his drug use, and his failure to seek any treatment (see Matter of Jolie S., 298 AD2d 194 [2002]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100119

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