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In the Matter of JABARRY W., a Child Alleged to be Neglected. LAURA W., Appellant; COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

The finding of neglect was supported by a preponderance of the evidence which demonstrated that appellant's home was unsafe and that appellant's mental state was such that the subject child was in imminent danger ( see e.g. Matter of Danielle M., 151 AD2d 240).

Appellant's argument on appeal with respect to the denial of her application pursuant to Family Court Act § 1028 for return of the subject child pending completion of neglect proceedings has been rendered moot by Family Court's subsequent fact-finding determination of neglect ( Matter of Rasheeda L., 264 AD2d 649).

Appellant's arguments regarding the dispositional order have been rendered moot by a subsequent order extending the placement, from which no appeal has been taken ( Matter of F. Children, 199 AD2d 81). These arguments are without merit in any event. We note that the Jamaican authorities determined that appellant no longer had a right to adopt the subject Jamaican orphan.

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IN THE MATTER OF JABARRY W
(Dec 13, 2005)