Opinion
June 10, 1997
Appeal from the Family Court, New York County (Sheldon Rand, J.).
The unrebutted testimonial and documentary evidence supports the court's finding of neglect due to drug abuse against the mother ( see, Family Ct Act § 1012 [f] [i] [B]; § 1046 [a] [iii]; Matter of Nassau County Dept. of Social Servs. [Dante M.] v. Denise J., 87 N.Y.2d 73, 79-80), and of the father's knowledge thereof and failure to protect the child from such abuse ( see, Family Ct Act § 1012 [f] [i] [B]; Matter of Alena O., 220 A.D.2d 358, 361-362). Unrebutted testimonial and documentary evidence also supports the court's finding of neglect based upon the infliction of excessive corporal punishment on Marie resulting in bruises, welts, and scars on her arms and legs ( see, Family Ct Act § 1012 [f] [i] [B]; Matter of Anthony C., 201 A.D.2d 342). The court also properly found derivative neglect as to the other children ( see, Matter of Nassau County Dept. of Social Servs. [Dante M.] v. Denise J., supra, at 80).
As the original placement has expired and a subsequent order extending placement has been entered, the challenge to the dispositional order placing the four youngest children is moot ( see, Matter of Angelina E., 213 A.D.2d 346). Were we to reach the merits, we would find that the placement was warranted by the evidence.
Since neither the mother's counsel nor the father sought to relieve the father's attorney, who had represented petitioner Commissioner of Social Services in a prior neglect case against the mother in which the father was not a party, the claims of conflict of interest, raised for the first time on appeal, are not preserved ( see, Matter of Brittany H., 184 A.D.2d 903). In any event, no conflict of interest existed.
Concur — Wallach, J.P., Nardelli, Rubin, Tom and Andrias, JJ.