Opinion
Submitted December 22, 1999
January 31, 2000
In an action to foreclose a mortgage, the defendant Claude Richardson appeals from an order of the Supreme Court, Kings County (Alfano, J.H.O.), dated December 11, 1997, which, after a hearing to determine the validity of service of process, denied his motion to vacate a judgment of foreclosure and sale of the same court (Lott, J.), dated June 20, 1996, entered upon his default in appearing in the action.
Andrew Paul Cooper, Mineola, N.Y., for appellant.
Block Colucci, P.C., Clifton Park, N.Y. (Kevin P. Wheatley of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The determination of the Supreme Court as to the credibility of the witnesses who testified at the hearing is entitled to great deference on appeal as it had the opportunity to see and hear the witnesses (see, Federal Natl. Mtge. Assn. v. Roth, 240 A.D.2d 466;Citibank v. Baronat, 238 A.D.2d 369 ; Citibank v. Freund, 238 A.D.2d 299 ). The determination that the plaintiff properly served the summons and complaint upon the appellant is amply supported by the record (see, Avco Mtge. Co. of N.Y. v. Ward, 255 A.D.2d 347; Leonard v. Grimes, 246 A.D.2d 630 ).
BRACKEN, J.P., SANTUCCI, ALTMAN, FRIEDMANN, and H. MILLER, JJ., concur.