Opinion
April 2, 1996
Appeal from the Supreme Court, Nassau County (Michael Trainor, Special Referee, Geoffrey O'Connell, J.).
Since the Referee's conclusions could have been reached under a fair interpretation of the evidence adduced at the framed issue hearing and given that the findings of fact rest in large measure on considerations relating to the credibility of witnesses ( see, Richard's Home Ctr. Lbr. v. Kraft, 199 A.D.2d 254), we decline to disturb the fact finder's determination. The contentions appellant now raises with respect to certain hearsay statements about a call received by a police lieutenant are not preserved. In any event, appellant stipulated to the statements at the hearing to obviate the need to have the lieutenant testify ( see, Baecher v. Baecher, 58 A.D.2d 821, lv denied 43 N.Y.2d 645).
Concur — Rosenberger, J.P., Wallach, Kupferman, Nardelli and Williams, JJ.