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IN THE MATTER OF FRANCIS S

Appellate Division of the Supreme Court of New York, Second Department.
Jul 15, 2002
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DECISION ORDER

ORDERED that the appeal from the fact-finding order is dismissed, without costs or disbursements, as that order was superseded by the order of disposition; and it is further,

ORDERED that the appeal from so much of the order of disposition as placed the children in the mother's custody under the petitioner's supervision for a period of 12 months is dismissed as academic, without costs or disbursements, as that portion of the order has expired by its own terms; and it is further,

ORDERED that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.

The mother's appeal from so much of the order of disposition as placed the children in her custody under the petitioner's supervision for a period of 12 months must be dismissed as academic because that portion of the order has expired by its own terms (see Matter of Danielle S., 282 A.D.2d 680; Matter of Susan B., 264 A.D.2d 478). Nevertheless, the adjudication of neglect has not been rendered academic (see Matter of Eddie E., 219 A.D.2d 719; Matter of H. Children, 156 A.D.2d 520).

Where, as here, issues of credibility are presented, the Family Court's findings must be accorded great deference (see Matter of Jeremiah M., 290 A.D.2d 450; Matter of Alan B., 267 A.D.2d 306, 307). The determination of the Family Court that the presentment agency established that the mother neglected the children in that she exposed them to acts of domestic violence is supported by a preponderance of the evidence (see Matter of Jeremiah M., supra).

The mother's remaining contention is without merit.

O'BRIEN, J.P., KRAUSMAN, SCHMIDT and COZIER, JJ., concur.