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Matter of Reisz v. Reisz

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 1999
267 A.D.2d 462 (N.Y. App. Div. 1999)

Opinion

Submitted November 17, 1999

December 27, 1999

In a proceeding pursuant to Family Court Act article 8, the husband appeals from an order of the Family Court, Kings County (McLeod, J.), dated December 21, 1998, which, after a hearing to determine the validity of service of process, denied his motion to vacate an order of protection entered against him.

Mallow, Konstam Hager, P.C., New York, N.Y. (Abe H. Konstam and Aliza Goldring of counsel), for appellant.

Bernard Wachsman, Brooklyn, N.Y., for respondent.

GUY JAMES MANGANO, P.J., DAVID S. RITTER, LEO F. McGINITY, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

It is well settled that resolution of questions of credibility and the factual findings made by a hearing court are entitled to great deference on appeal, and will not be disturbed unless they are against the weight of the credible evidence (see, Yasuda Bank Trust Co. v. Oree, 233 A.D.2d 391; McCray v. Petrini, 212 A.D.2d 676 ;Billings v. Southside Hosp., 122 A.D.2d 101 ). On the record before us, we discern no basis upon which to disturb the hearing court's determination that the husband was properly served with a copy of the petition.

MANGANO, P.J., RITTER, McGINITY, and SMITH, JJ., concur.


Summaries of

Matter of Reisz v. Reisz

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 1999
267 A.D.2d 462 (N.Y. App. Div. 1999)
Case details for

Matter of Reisz v. Reisz

Case Details

Full title:IN THE MATTER OF RACHEL REISZ, respondent, v. HERSCHEL REISZ, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 27, 1999

Citations

267 A.D.2d 462 (N.Y. App. Div. 1999)
700 N.Y.S.2d 852

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