Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

IN THE MATTER OF MORINI v. SCANNAPIECO

Appellate Division of the Supreme Court of New York, Second Department.
Aug 22, 2001
Important Paras
Please sign up to view Important Paras.

ORDERED that the final order is affirmed, without costs or disbursements.

A hearing court's assessment of the credibility of witnesses is entitled to substantial deference, as it had the advantage of hearing and seeing the witnesses (see, McGuirk v. Mugs Pub, 250 A.D.2d 824; Islamic Ctr. of Harrison v. Islamic Science Found., 262 A.D.2d 362). The hearing court's determination that the signatures obtained for the opportunity to ballot petition were properly notarized was largely based upon the credibility of witnesses, and we perceive no reason to disturb its determination on appeal.

The Supreme Court providently exercised its discretion in denying the petitioner's application to amend her petition during the course of the hearing (see, Lane v. Beard, 265 A.D.2d 382).