GREENPOINT SAVINGS BANK v. PATEL

ORDERED that the order is affirmed, with costs.

The hearing court was presented with a credibility question as to whether the appellant was properly served with process in accordance with the requirements of CPLR 308(2). The court determined that question in favor of the plaintiff and concluded that proper service had been affectuated.

It is well settled that the determination of the trier of fact at a hearing is entitled to deference on appeal ( see, Avakian v. De Los Santos, 183 A.D.2d 687; Nagib v. Tolette-Velcek, 133 A.D.2d 72) and will not be disturbed unless it is against the weight of the credible evidence ( see, Evering v. Bronx Chrysler Plymouth, 234 A.D.2d 586; McCray v. Petrini, 212 A.D.2d 676). On this record, we find no basis to disturb the hearing court's determination.

O'BRIEN, J.P., SULLIVAN, GOLDSTEIN, and FEUERSTEIN, JJ., CONCUR.