Opinion
July 14, 1997
Appeal from the Family Court, Westchester County (Tolbert, J.).
Ordered that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision ( see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
Ordered that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.
The instant proceeding was properly commenced by "a person on the court's direction" (Family Ct Act § 1032 [b]). The fact that the appropriate child protective agency declined to commence the proceeding did not preclude the court from directing the petitioner, the former Law Guardian, to commence it (see, Family Ct Act § 1033; see generally, Besharov, Practice Commentary, McKinney's Cons Laws of NY, Book 29A, Family Ct Act § 1033, at 352).
The determination by the Family Court that the appellant father had sexually abused Justin is supported by a preponderance of the evidence ( see, Family Ct Act § 1046 [b]; Matter of Tammie Z., 66 N.Y.2d 1). Justin's out-of-court statements were sufficiently corroborated ( see, Matter of Nicole V., 71 N.Y.2d 112, 117). Where, as here, the hearing court was confronted primarily with issues of credibility, its factual findings must be accorded great weight ( see, Matter of Josephine G., 218 A.D.2d 656).
The appellant's remaining contentions are without merit.
O'Brien, J. P., Ritter, Goldstein and Luciano, JJ., concur.