MATTER OF K.


247 A.D.2d 931 (1998)

668 N.Y.S.2d 790

In the Matter of Brandiwell K. and Others, Children Alleged to be Neglected. Erie County Department of Social Services, Respondent; Mavis K., Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 4, 1998


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...

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