Opinion
June 29, 1993
Appeal from the Family Court, New York County (Marjory D. Fields, J.).
On an application to extend the placement of neglected children, the petitioning agency has the burden of establishing either the continued unfitness of the parent(s) or that return of the children would likely result in physical or psychological harm (Matter of Faith Z., 92 A.D.2d 990). Petitioner met this burden of proof and we find no improper shifting of the burden of proof to respondent. We have reviewed the record, and agree with assigned counsel that there are no non-frivolous issues for appellate review, and his motion to withdraw is granted (see, Matter of McR. Children, 182 A.D.2d 357). We would also note that the order on appeal extending placement has been rendered moot by the subsequent orders issued with respondent's consent returning the child Alex R. to respondent and extending the placement of the child Alvin R. (see, Matter of Commissioner of Social Servs. [Diane W.], 182 A.D.2d 589).
Concur — Rosenberger, J.P., Kupferman, Ross and Kassal, JJ.