Opinion
June 10, 1996
Appeal from the Supreme Court, Orange County (Peter C. Patsalos, J.).
Ordered that the judgment is affirmed; and it is further,
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits; and it is further,
Ordered that the respondents are awarded one bill of costs.
The Supreme Court properly found that the decision of the Workers' Compensation Board did not serve as grounds for collateral estoppel or res judicata as to the General Municipal Law § 207-c hearing decision. The determination upon the General Municipal Law § 207-c claim was dated November 3, 1994. The decision of the Workers' Compensation Board was dated November 6, 1994.
Moreover, there is substantial evidence to support the General Municipal Law § 207-c Hearing Officer's determination that the injury to the petitioner was non-work related (see, CPLR 7803; Matter of Pell v. Board of Educ., 34 N.Y.2d 222). While the petitioner contends that the Hearing Officer's decision failed to sufficiently credit certain testimony, the weight given to the testimony, and the choices made, are matters for the trier of fact (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176; Matter of Stork Rest. v. Boland, 282 N.Y. 256; Matter of Hoover v. Waters, 119 A.D.2d 575). Miller, J.P., Ritter, Krausman and McGinity, JJ., concur.