Mavis K., Appellant. v. << (1998)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of BRANDIWELL K., Rashave N., Curtis K. and Vance B. Erie County Department of Social Services, Respondent; Mavis K., Appellant.

Decided: February 04, 1998

Before PINE, J.P., and LAWTON, HAYES, WISNER and BOEHM, JJ.

Michael J. Stachowski, P.C. by Michael Stachowski, Buffalo, for Appellant Mavis K. Erie County Attorney's Office by Richard Usen (James Brown, of counsel), Buffalo, for Petitioner-Respondent. Legal Aid Society of Buffalo by Charles Halvorsen, Buffalo, for Law Guardian.

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. [Winston S.], 183 A.D.2d 770, 586 N.Y.S.2d 522; Matter of Lynelle W., 177 A.D.2d 1008, 578 N.Y.S.2d 313) and thus supports the determination of derivative neglect with respect to the other three children.

Order unanimously affirmed without costs.

MEMORANDUM:

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