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Matter of Linda D

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1998
255 A.D.2d 512 (N.Y. App. Div. 1998)

Opinion

November 23, 1998

Appeal from the Family Court, Orange County (Bivona, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

Viewing the evidence in the light most favorable to the presentment agency ( see, Matter of David H., 69 N.Y.2d 792; Matter of Lamont D., 247 A.D.2d 615), we find that it was legally sufficient to support the fact-finding order. Moreover, resolution of issues of credibility, as well as the weight to be accorded the evidence presented, are primarily questions to be determined by the Family Court, as the trier of fact, which saw and heard the witnesses ( see, Matter of Joseph J., 205 A.D.2d 776). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record ( see, Matter of Kwan M., 159 A.D.2d 707). Upon the exercise of our factual review power, we are satisfied that the findings of fact were not against the weight of the evidence ( cf., CPL 470.15; see, Matter of Sandy J., 246 A.D.2d 651).

The appellant's remaining contentions are without merit.

Copertino, J. P., Sullivan, Pizzuto and Goldstein, JJ., concur.


Summaries of

Matter of Linda D

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1998
255 A.D.2d 512 (N.Y. App. Div. 1998)
Case details for

Matter of Linda D

Case Details

Full title:In the Matter of LINDA D., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 23, 1998

Citations

255 A.D.2d 512 (N.Y. App. Div. 1998)
679 N.Y.S.2d 910

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