Opinion
March 13, 1995
Appeal from the Supreme Court, Queens County (Harbater, J.).
Ordered that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
Ordered that the orders are affirmed, without costs and disbursements.
Contrary to the plaintiff's contentions, we discern no basis to disturb the Supreme Court's dismissal of the complaint for failure to prove proper service. 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, City of New York v. Bergman, 210 A.D.2d 369; DiSalvo v. Ordway, 208 A.D.2d 798; Vega v. City of New York, 194 A.D.2d 537; Nagib v. Tolette-Velcek, 133 A.D.2d 72, 73). Additionally, we find that the Supreme Court properly denied the plaintiff's motion to restore the case to the trial calendar based upon the expiration of the applicable Statute of Limitations. Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.