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In re Brandiwell K.

247 A.D.2d 931 Court N.Y. App. Div. Decision date 1998-02-04 English

Judges Present — Pine, J. P., Lawton, Hayes, Wisner and Boehm, JJ.

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p. 931
In the Matter of Brandiwell K. and Others, Children Alleged to be Neglected. Erie County Department of Social Services, Respondent; Mavis K., Appellant.
[668 NYS2d 790]

Order unanimously affirmed without costs. Memorandum: Family Court’s determination that the four children of respondent are neglected is supported by a preponderance of the evidence (see, Family Ct Act § 1046 [b] [i]). The record establishes that respondent’s eldest child was beaten by respondent’s boyfriend and that respondent failed to intercede to protect the child from that physical abuse. That failure demonstrates a fundamental defect in respondent’s understanding of the duties of parenthood (see, Matter of Rasheda S., 183 AD2d 770 ; Matter of Lynelle W., 177 AD2d 1008 ) and thus supports the determination of derivative neglect with respect to the other three children. (Appeal from Order of Erie County Family Court, Townsend, J. — Neglect.)

Present — Pine, J. P., Lawton, Hayes, Wisner and Boehm, JJ.

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