Opinion
September 19, 1994
Appeal from the Family Court, Queens County (Schindler, J.).
Ordered that the order is affirmed, without costs or disbursements.
The Family Court's determination that the appellant had sexually abused his step-daughter, Sequan, is supported by a preponderance of the evidence (see, Family Ct Act § 1046 [b]; Matter of Nicole V., 71 N.Y.2d 112, 117). When, as here, the hearing court was primarily confronted with issues of credibility, its factual findings must be accorded great weight on appeal (see, Matter of Irene O., 38 N.Y.2d 776; Matter of Skye B., 185 A.D.2d 880). We find no basis in the record to disturb the court's resolution of those issues.
The Family Court did not improvidently exercise its discretion in denying the appellant's motion, pursuant to CPLR 5015 (a) (2), for a new hearing based on newly discovered evidence (see, Matter of Nicole G., 187 A.D.2d 650, 651; Matter of Shaune L., 150 A.D.2d 689). The evidence upon which the appellant relied in support of his motion did not meet the criteria for newly discovered evidence (see, Matter of Shaune L., supra).
Finally, the Family Court did not improvidently exercise its discretion when it denied the appellant's request that an expert of his own choosing be permitted to examine Sequan (see, Family Ct Act § 1038 [c]; Matter of Jessica R., 78 N.Y.2d 1031). Rosenblatt, J.P., Lawrence, Copertino and Joy, JJ., concur.