In re Jazmine W.

Appellate Division of the Supreme Court of New York

In re Jazmine W.

309 A.D.2d 1194, 765 N.Y.S.2d 298, 2003 N.Y. App. Div. LEXIS 10190

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 2, 2003

StatusPublished

This text of 309 A.D.2d 1194 (In re Jazmine W.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Jazmine W., 309 A.D.2d 1194, 765 N.Y.S.2d 298, 2003 N.Y. App. Div. LEXIS 10190 (N.Y. Ct. App. 2003).

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Opinion

Appeal from an order of Family Court, Monroe County (Kohout, J.), entered April 3, 2002, which dismissed the petition in this proceeding commenced pursuant to Family Ct Act article 10.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Petitioner commenced this proceeding pursuant to Family Ct Act article 10 based upon allegations of sexual abuse with respect to one child and derivative neglect with respect to two others. Contrary to petitioner’s contentions, Family Court did not abuse its discretion in dismissing the petition following a fact-finding hearing. “Where the court’s determination turns on the credibility of a witness, it is well settled that [1195]*1195resolution 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 * * *. Its determination is accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record” (Matter of Starchana B., 246 AD2d 595, 595 [1998]; see Matter of Bennett v Davis, 277 AD2d 517, 518 [2000]). We conclude that the court’s determination is supported by a sound and substantial basis in the record and thus should not be disturbed. Present — Green, J.P., Wisner, Gorski and Lawton, JJ.

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Appeal from an order of Family Court, Monroe County (Kohout, J.), entered April 3, 2002, which dismissed the petition in this proceeding commenced pursuant to Family Ct Act article 10.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Petitioner commenced this proceeding pursuant to Family Ct Act article 10 based upon allegations of sexual abuse with respect to one child and derivative neglect with respect to two others. Contrary to petitioner’s contentions, Family Court did not abuse its discretion in dismissing the petition following a fact-finding hearing. “Where the court’s determination turns on the credibility of a witness, it is well settled that [1195]*1195resolution 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 * * *. Its determination is accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record” (Matter of Starchana B., 246 AD2d 595, 595 [1998]; see Matter of Bennett v Davis, 277 AD2d 517, 518 [2000]). We conclude that the court’s determination is supported by a sound and substantial basis in the record and thus should not be disturbed. Present — Green, J.P., Wisner, Gorski and Lawton, JJ.

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Bluebook (online)

309 A.D.2d 1194, 765 N.Y.S.2d 298, 2003 N.Y. App. Div. LEXIS 10190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jazmine-w-nyappdiv-2003.

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