Opinion
October 24, 1994
Appeal from the Supreme Court, Suffolk County (Floyd, J.).
Ordered that the judgment is affirmed, with costs.
It is well settled that issues of credibility are properly determined by the hearing court, whose decision will not be disturbed on appeal if it is supported by a fair interpretation of the evidence (see, Nagib v. Tolette-Velcek, 133 A.D.2d 72, 73; Vega v. City of New York, 194 A.D.2d 537). A review of the record reveals that there is more than sufficient evidence to support the hearing court's determination rejecting the testimony of the process server and crediting the testimony of the defendant Craig Ordway's witnesses. Accordingly, it is clear that the plaintiffs failed to meet their burden of proving by a preponderance of the evidence that service of the summons and complaint was proper (see, Frankel v. Schilling, 149 A.D.2d 657, 659). Thompson, J.P., Miller, O'Brien, Santucci and Joy, JJ., concur.