In re Clarice

2 Citing cases

  1. Matter of Severn J

    250 A.D.2d 682 (N.Y. App. Div. 1998)   Cited 8 times

    It is well settled that questions regarding the credibility of witnesses, as well as the weight of the evidence, are primarily matters to be resolved by the trier of fact. Its determination is accorded great deference as it had the opportunity to view the witnesses, hear their testimony, and observe their demeanor ( cf., People v. Gaimari, 176 N.Y. 84, 94; People v. Garafolo, 44 A.D.2d 86, 88; see, Matter of Clarice P., 237 A.D.2d 364). Inasmuch as it cannot be said that the court's finding of capacity was clearly unsupported by the record ( cf., People v. Nieves, 143 A.D.2d 229; People v. Garafolo, 44 A.D.2d 86, supra), we decline to disturb it on appeal.

  2. Matter of Starchana B

    246 A.D.2d 595 (N.Y. App. Div. 1998)   Cited 3 times

    Although we agree with the petitioner that evidence was submitted which, if credited, could have sustained a finding that the father sexually abused Starchana B., the court found Starchana B.'s testimony to be completely incredible. Where the court's determination turns on the credibility of a witness, it is well settled that resolution of that issue, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the trier of fact, which saw and heard the witnesses ( see, People v. Gaimari, 176 N.Y. 84; Matter of Clarice P., 237 A.D.2d 364; Matter of Nassau County Dept. of Social Servs. [Laura C.], 232 A.D.2d 635). Its determination is accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record ( see, People v. Garafolo, 44 A.D.2d 86; Matter of Richard C., 144 A.D.2d 667, 668). Upon the record before us, there is no basis for disturbing that determination. Furthermore, the court's determination that the mother did not neglect Starchana B. is likewise supported by the evidence, and will not be disturbed.