In re Imiya P.

Appellate Division of the Supreme Court of New York

In re Imiya P.

69 A.D.3d 480, 891 N.Y.2d 646

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 19, 2010

StatusPublished

Cited by1 cases

This text of 69 A.D.3d 480 (In re Imiya P.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Imiya P., 69 A.D.3d 480, 891 N.Y.2d 646 (N.Y. Ct. App. 2010).

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Opinion

Respondent Randall S.’s challenge to the disposition is moot, since the terms of the order, along with the agency supervision, have expired (see Matter of Kazmir K., 63 AD3d 522 [2009]; Matter of Lashina P., 52 AD3d 293, 293 [2008]).

Were we to consider the merits, we would find that the requirement that respondent complete a drug rehabilitation program was supported by a preponderance of the evidence, including his own admission at fact-finding that he neglected the child by virtue of his drug use, and his failure to seek any treatment (see Matter of Jolie S., 298 AD2d 194 [2002]). Concur—Mazzarelli, J.E, Saxe, Acosta, DeGrasse and ManzanetDaniels, JJ.

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Respondent Randall S.’s challenge to the disposition is moot, since the terms of the order, along with the agency supervision, have expired (see Matter of Kazmir K., 63 AD3d 522 [2009]; Matter of Lashina P., 52 AD3d 293, 293 [2008]).

Were we to consider the merits, we would find that the requirement that respondent complete a drug rehabilitation program was supported by a preponderance of the evidence, including his own admission at fact-finding that he neglected the child by virtue of his drug use, and his failure to seek any treatment (see Matter of Jolie S., 298 AD2d 194 [2002]). Concur—Mazzarelli, J.E, Saxe, Acosta, DeGrasse and ManzanetDaniels, JJ.

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Bluebook (online)

69 A.D.3d 480, 891 N.Y.2d 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-imiya-p-nyappdiv-2010.

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