GILMORE v. TINDEL

The Judicial Hearing Officer's factual findings were properly credited by the court since, as the trier of fact, he was in the best position to have evaluated the witnesses' credibility (European Am. Bank Trust Co. v H. Frenkel, Ltd., 163 A.D.2d 154, 155). Moreover, the process server's log book was properly admitted into evidence as a business record, despite his failure to recall the specific events which occurred on the date that process was served (CPLR 4518 [a]).

We have considered defendant's remaining arguments and find them without merit.

Concur — Murphy, P.J., Rosenberger, Ross, Rubin and Williams, JJ.