Opinion
342, 342A
March 4, 2003.
Orders of disposition, Family Court, New York County (Jody Adams, J.), entered on or about October 4, 1999, placing the subject children with petitioner Administration for Children's Services for a period of 12 months, upon a fact-finding determination of neglect due to mental illness, unanimously affirmed, insofar as it brings up for review the fact-finding determination, and the appeal therefrom otherwise dismissed as moot, all without costs.
Susan Clement, for respondent-appellant.
Geoffrey P. Berman and Marta Rosa, for petitioner-respondent.
Before: Andrias, J.P., Saxe, Rosenberger, Williams, Gonzalez, JJ.
We decline to review the placement since the dispositional order from which appellant appeals has expired (see Matter of Simone M., 298 A.D.2d 171). The finding of mental illness is supported by a preponderance of the evidence showing ongoing mental illness and noncompliance with medication that caused symptoms to worsen, including a paranoia that kept the children confined to the house with the windows closed and shades drawn in warm weather (see Matter of Madeline R., 214 A.D.2d 445; Matter of Caress S., 250 A.D.2d 490). Family Court properly drew an adverse inference against respondent because of her failure to testify.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.