Opinion
1561
July 2, 2002.
Order of disposition, Family Court, Bronx County (Harold Lynch, J.), entered on or about July 17, 1997, which upon a fact-finding determination of abuse against respondent father, discharged the subject abused child to the custody of her mother with a final order of protection against the father, unanimously affirmed, without costs.
DENNIS HOUDEK, for Samantha S.
JOHN A. PAPPALARDO, for respondent-appellant.
SHARYN ROOTENBERG, for petitioner-respondent.
Before: Nardelli, J.P., Andrias, Friedman, Marlow, Gonzalez, JJ.
According the hearing court's findings, particularly those as to witness credibility, the deference they are due (see, Matter of Irene O., 38 N.Y.2d 776, 777), it is clear that the finding of abuse in this child protective proceeding was supported by the requisite preponderance of the evidence. The child witness's testimony was sufficiently corroborated by her out-of-court statements (see, Family Court Act § 1046[a][vi]; Matter of Nicole V., 71 N.Y.2d 112, 118-119).
The court properly found that it was in the child's best interests to award custody to the mother.
We have reviewed respondent's remaining argument and find it unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.