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MATTER OF NANKERVIS v. NANKERVIS

Appellate Division of the Supreme Court of New York, Second Department.
Jun 17, 1991

Ordered that the order is affirmed, without costs or disbursements.

In reviewing a determination made by the Family Court, great deference should be given to the decision of the Hearing Examiner "`who [was] in the best position to assess the credibility of witnesses and the evidence proffered'" (Matter of Alamo v Alamo, 168 A.D.2d 493, 494; Matter of Drago v Drago, 138 A.D.2d 704; Matter of McCarthy v Braiman, 125 A.D.2d 572). Upon our review of the record, we cannot say that the findings of the Hearing Examiner were unsupported by the credible evidence, and that a different determination is warranted (see, Matter of McCarthy v Braiman, supra). Accordingly, we decline to disturb the Family Court's determination.

We have examined the appellant's remaining contention and find that it is without merit. Thompson, J.P., Bracken, Eiber and Rosenblatt, JJ., concur.