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Matter of Lamont D

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1998
247 A.D.2d 615 (N.Y. App. Div. 1998)

Opinion

February 23, 1998

Appeal from the Family Court, Westchester County (Braslow, J.).


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

There is no merit to the appellant's contention that the petitions were not properly verified pursuant to Family Court Act § 311.2. Similarly, his challenges to the supporting depositions are unavailing. CPLR 2101 (e), which is applicable in the absence of any specific relevant provision of the Family Court Act, expressly permits, except where otherwise specifically prescribed, the service and filing of copies of all papers ( see, Matter of Samuel E., 240 A.D.2d 251). Further, the supporting depositions, although unsworn, were valid, insofar as they clearly complied with CPL 100.30 (1) (d) ( see, Matter of Charlene D., 214 A.D.2d 561, 562).

Contrary to the appellant's assertions, the Family Court's findings of fact are supported by legally sufficient evidence. 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. Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record ( cf., People v. Garafolo, 44 A.D.2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the court's findings of fact are not against the weight of the evidence ( cf., CPL 470.15).

The appellant's remaining contentions are without merit.

O'Brien, J.P., Santucci, Krausman and Florio, JJ., concur.


Summaries of

Matter of Lamont D

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1998
247 A.D.2d 615 (N.Y. App. Div. 1998)
Case details for

Matter of Lamont D

Case Details

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

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

Date published: Feb 23, 1998

Citations

247 A.D.2d 615 (N.Y. App. Div. 1998)
668 N.Y.S.2d 495

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