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IN THE MATTER OF NATAYYA P. (ANONYMOUS), appellant.

DECISION ORDER

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 Frank C., 283 A.D.2d 643, 643-644; cf. People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to support the determination made in the fact-finding order. Moreover, resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the finder of fact, which saw and heard the witnesses ( cf. People v. Gaimari, 176 N.Y. 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record ( cf. CPL 470.15; People v. Garafolo, 44 A.D.2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the Family Court's findings were not against the weight of the evidence ( see Matter of Andrew Michael S., 100 A.D.2d 851).

RITTER, J.P., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.

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IN THE MATTER OF NATAYYA P
(Dec 29, 2003)