IN RE: DEREK J. (Anonymous). (2008)

In four related child protective proceedings pursuant to Family Court Act article 10, the mother appeals from so much of an order of fact-finding of the Family Court, Richmond County (McElrath, J.), dated February 1, 2007, as, after a fact-finding hearing, found that she neglected the children Devon M. and Devonique M. and derivatively neglected the children Derek J. and Devoniqaua M.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

 Contrary to the mother's contention, the Family Court's finding of neglect as to the children Devon M. and Devonique M. based on her use of excessive corporal punishment is supported by a preponderance of the evidence (see Family Ct. Act § 1012[f][i][B];  § 1046[b][i] ).   The out-of-court statements of those children that their mother beat them with a wire or belt were sufficiently corroborated by the caseworker's observations of the injuries and the nurses' reports of the injuries (see Family Ct. Act § 1046[b][i];  Matter of Joshua B., 28 A.D.3d 759, 814 N.Y.S.2d 210;  Matter of Joseph O., 28 A.D.3d 562, 813 N.Y.S.2d 213;  Matter of Sheneika V., 20 A.D.3d 541, 800 N.Y.S.2d 424;  Matter of Jonathan W., 17 A.D.3d 374, 792 N.Y.S.2d 560).   Furthermore, because the mother's conduct towards Devon M. and Devonique M. demonstrated a fundamental defect in her understanding of parental duties relating to the care of children, there was sufficient evidence to make a finding of derivative neglect as to Derek J. and Devoniqaua M. (see Family Ct. Act § 1046[a][i];  see also Matter of Joshua R., 47 A.D.3d 465, 849 N.Y.S.2d 246;  Matter of Jasmine A., 18 A.D.3d 546, 795 N.Y.S.2d 87;   Matter of Christina Maria C., 89 A.D.2d 855, 453 N.Y.S.2d 33).