Onondaga County Department of Social Services, Appellant. v. << (1997)

 We cannot conclude that Family Court erred in finding that respondent did not abuse his stepdaughter.   Petitioner established a prima facie case of child abuse through the child's out-of-court statement, which was corroborated by the child's “in camera unsworn but cross-examined testimony” (Matter of Christina F. [Gary F.], 74 N.Y.2d 532, 535, 549 N.Y.S.2d 643, 548 N.E.2d 1294;  see, Matter of Elizabeth D., 139 A.D.2d 66, 530 N.Y.S.2d 397, appeal dismissed 73 N.Y.2d 871, 537 N.Y.S.2d 495, 534 N.E.2d 334;  Matter of Tina H., 123 A.D.2d 864, 507 N.Y.S.2d 653).   Respondent testified that there was no improper sexual contact with the child.   The court credited respondent's testimony and concluded that any sexual contact that may have occurred was not for the purpose of sexual gratification.   Issues of credibility are for the nisi prius court to determine, and that court's findings must be accorded the greatest respect (see, Matter of Irene O., 38 N.Y.2d 776, 777, 381 N.Y.S.2d 865, 345 N.E.2d 337;  Matter of Lynelle W., 177 A.D.2d 1008, 578 N.Y.S.2d 313).   Because the court's determination is supported by the record, we see no basis to disturb it.

We have reviewed petitioner's remaining contentions and conclude that they are without merit.

Order unanimously affirmed without costs.

MEMORANDUM: