Appellate Division of the Supreme Court of New York, Second DepartmentJun 29, 1998
251 A.D.2d 668 (N.Y. App. Div. 1998)
251 A.D.2d 668676 N.Y.S.2d 490

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June 29, 1998

Appeal from the Family Court, Queens County (Berman, J,).

Ordered that the order of disposition is affirmed, without costs or disbursements.

Contrary to the mother's contention, her admission that she possessed a controlled substance, which was within the reach of the children was sufficient to support a finding that the children Myra P., Michelle P., and Natalie P. were neglected ( see, Family Ct Act § 1012 [f] [i] [B]; see generally, Matter of Barbara S., 244 A.D.2d 556; Matter of Nassau County Dept. of Social Servs. [Raul B.] v. Diane B., 231 A.D.2d 523; Matter of Lawrence Clinton S., 186 A.D.2d 808; Matter of William D., 178 A.D.2d 475, cert denied sub nom. Dorothy W. v. Commissioner of Social Servs. of City of N.Y., 506 U.S. 1038; Matter of Commissioner of Social Servs. of City of N.Y. [Ralph L.] v. Roy C., 174 A.D.2d 744).

The mother's contention that the court erred in placing the children with the Commissioner of Social Services is academic as the period of placement has expired and the children have been discharged to the mother ( see, Matter of Jason J., 237 A.D.2d 357; Matter of Nicholas P., 197 A.D.2d 693; Matter of Commissioner of Social Servs. [Forrest G.], 180 A.D.2d 550).

Rosenblatt, J. P., O'Brien, Ritter and Krausman, JJ., concur.