Opinion
March 30, 1995
Appeal from the Family Court, New York County (Leah Marks, J.).
The unrebutted testimonial and documentary evidence in the record fully supports the court's findings that respondent failed to provide for her two-year-old child, who was found alone and unsupervised in the streets after midnight, and that her attitude, as evidenced by her refusal to remain in any shelter or obtain assistance, as well as her paranoid actions, were impairing her ability to care for her children (see, Matter of Tammie Z., 105 A.D.2d 463, affd 66 N.Y.2d 1). A court need not "await broken bone or shattered psyche before extending its protective cloak around [a] child" in a neglect proceeding (Matter of Anthony, 81 Misc.2d 342, 345). Respondent's challenge to the placement directed by the dispositional order is now moot since the one-year placement period has expired (Matter of Kevin R., 193 A.D.2d 351, 352, appeal dismissed 82 N.Y.2d 735), and a subsequent order extending placement has been entered (Matter of Tanya M., 207 A.D.2d 656). In any event, the court did not abuse its discretion in refusing an immediate trial discharge of the children to respondent.
Concur — Ellerin, J.P., Wallach, Kupferman, Asch and Mazzarelli, JJ.