Opinion
February 4, 1998
Present — Pine, J. P., Lawton, Hayes, Wisner and Boehm, JJ.
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 A.D.2d 770; Matter of Lynelle W., 177 A.D.2d 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.)