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In the Matter of Jabez F. and Another, Children Alleged to be Neglected. Martha L., Appellant Bernard F., Respondent Commissioner of Administration for Children's Service
Respondent mother’s claim that the court, following a hearing pursuant to Family Court Act § 1028, erred in denying her application to have the children returned to her pending the neglect proceeding was rendered moot by the subsequent fact-finding determination of neglect (see Matter of Charnel T., 49 AD3d 427 [2008]). The Family Court’s determination that neglect was proved by a preponderance of the evidence was amply supported by the record.
The mother had, inter alia, a conviction of aggravated sexual abuse of her older children in another state, for which she served five years, a long history of drug abuse that extended, by her own admission, five months into her pregnancy with the younger of the subject children, and a history of serious mental illness (see Matter of Justice T., 305 AD2d 1076 [2003], lv denied 100 NY2d 512 [2003]). Concur — Mazzarelli, J.P., Andrias, DeGrasse, Richter and Abdus-Salaam, JJ.