Opinion
August 10, 1992
Appeal from the Family Court, Queens County (De Phillips, J.).
Ordered that the appeal from so much of the order of disposition as granted a final order of protection is dismissed as academic, without costs or disbursements, as the order of protection has expired; and it is further,
Ordered that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.
The appellant is the paramour of the mother of the children who are the subjects of the instant neglect proceeding. The appellant and the mother cohabited for approximately two years, during which time one of the mother's children would visit two or three times a week, spending the entire day in the appellant's apartment. Based upon the mother's sister's testimony that the appellant used drugs when the children visited the apartment, the court found that the appellant neglected the children. The appellant denied the use of drugs.
Resolution of issues of credibility, as well as the weight to be accorded the evidence presented, are primarily questions to be determined by the trier of fact, who saw and heard the witnesses (see, People v. Gaimari, 176 N.Y. 84, 94; see also, Matter of Dennis N., 110 A.D.2d 702, 703). The determination should be 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, 88; see also, Matter of Jamal V., 159 A.D.2d 507). We find no basis to disturb the Family Court's determination that the mother's sister's testimony was credible. Moreover, we are satisfied that the finding of neglect was supported by a fair preponderance of the credible evidence (see, Family Ct Act § 1012 [f] [i] [B]; § 1046 [b]; see also, Matter of Roman, 94 Misc.2d 796).
We have considered the appellant's remaining contentions and find them to be without merit. Thompson, J.P., Miller, Pizzuto and Santucci, JJ., concur.