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IN THE MATTER OF CIARA M. (ANONYMOUS). SONNY B. (ANONYMOUS), SR., A/K/A BERNARD S. (ANONYMOUS), APPELLANT; ADMINISTRATION FOR CHILDREN'S SERVICES, RESPONDENT. IN THE MATTER OF VENUS S. (ANONYMOUS). SONNY B. (ANONYMOUS), SR., A/K/A BERNARD S. (ANONYMOUS), APPELLANT; ADMINISTRATION FOR CHILDREN'S SERVICES, RESPONDENT. IN THE MATTER OF SONNY S. (ANONYMOUS), JR. SONNY B. (ANONYMOUS), SR., A/K/A BERNARD S. (ANONYMOUS), APPELLANT; ADMINISTRATION FOR CHILDREN'S SERVICES, RESPONDENT. IN THE MATTER OF NATHANIEL S. (ANONYMOUS). SONNY B. (ANONYMOUS), SR., A/K/A BERNARD S. (ANONYMOUS), APPELLANT; ADMINISTRATION FOR CHILDREN'S SERVICES, RESPONDENT. IN THE MATTER OF EMMANUEL F. (ANONYMOUS). SONNY B. (ANONYMOUS), SR., A/K/A BERNARD S. (ANONYMOUS), APPELLANT; ADMINISTRATION FOR CHILDREN'S SERVICES, RESPONDENT. IN THE MATTER OF KIAM F. (ANONYMOUS). SONNY B. (ANONYMOUS), SR., A/K/A BERNARD S. (ANONYMOUS), APPELLANT; ADMINISTRATION FOR CHILDREN'S SERVICES, RESPONDENT. IN THE MATTER OF ELIZABETH F. (ANONYMOUS). SONNY B. (ANONYMOUS), SR., A/K/A BERNARD S. (ANONYMOUS), APPELLANT; ADMINISTRATION FOR CHILDREN'S SERVICES, RESPONDENT.

DECISION ORDER

ORDERED that the appeal from the fact-finding order is dismissed, without costs or disbursements, as that order was superseded by the orders of disposition dated October 7, 1998; and it is further,

ORDERED that the appeal from so much of the order of disposition as placed the child Ciara M. in the care of the Administration for Children's Services, and the appeals from so much of the orders of disposition as placed the children Venus S., Sonny S., Jr., Nathaniel S., Emmanuel F., Kiam F., and Elizabeth F. in the custody of the Commissioner of Social Services, are dismissed, without costs or disbursements; and it is further,

ORDERED that the orders of disposition are affirmed insofar as reviewed, without costs or disbursements.

The father's appeals from so much of the orders of disposition as placed the children in the care of the Administration of Children Services and Commissioner of Social Services must be dismissed as academic. The one-year placement periods have expired, and those provisions of the orders of disposition have been replaced by a subsequent order extending placement of the children (see, Matter of Commissioner of Social Servs. [Rozella S.] [Octavia S.], 255 A.D.2d 316; Matter of Danielle C. [Anegla C.], 253 A.D.2d 431; Matter of Commissioner of Social Servs. [Jessica M.] v. Anne F., 225 A.D.2d 620). However, although the orders of disposition have expired, the adjudication of abuse and neglect constitutes a permanent and significant stigma which might indirectly affect the father's status in potential future proceedings. Therefore, the appeals from so much of the orders of disposition as determined that the children were neglected and abused are not academic (see, Matter of Danielle C. [Angela C.], supra; Matter of Eddie E. [Carmen L. — Eddie L.], 219 A.D.2d 719; Matter of H. Children [Sheila H.], 156 A.D.2d 520).

The respondent proved by a preponderance of the evidence that the children were neglected and abused by the father (see, Family Ct Act § 1046[b][i]). The evidence established that the father abused and neglected the subject children as a result of the sexual abuse which he committed against his daughter Ciara M. and the excessive corporal punishment he inflicted upon all of the children.

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MATTER OF CIARA M
(Jun 12, 2000)