Opinion
January 20, 1998
Appeal from the Family Court, Westchester County (Cooney, J.).
Ordered that the order is affirmed, without costs or disbursements.
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.
The appellants' remaining contentions are without merit.
Bracken, J.P., O'Brien, Thompson and Altman, JJ., concur.