Opinion
May 15, 1995
Appeal from the Family Court, Orange County (Ludmerer, J.).
Ordered that the order is affirmed, with costs.
Although the petitioner presented evidence which, if credited, would have been sufficient to establish abuse (see, Family Ct Act § 1046 [b] [i]; Matter of Christina F., 74 N.Y.2d 532; Matter of Nicole V., 71 N.Y.2d 112), where, as here, no physical evidence of abuse exists and the case turns on questions of credibility, a determination of the Family Court that the petitioner failed to satisfy its burden of proof is entitled to great deference by this Court (see, Matter of Miranda UU., 168 A.D.2d 704, 706; Matter of Swift v Swift, 162 A.D.2d 784, 785). Under the present circumstances, we sustain the hearing court's assessment of the child's credibility. Moreover, the court was not required to uncritically accept the validator's testimony (Matter of Swift v Swift, supra, at 785-786). Rosenblatt, J.P., Ritter, Santucci and Krausman, JJ., concur.