Ordered that the order is affirmed, with costs.
At the hearing, the plaintiff's testimony made out a prima facie case of constructive abandonment, but was directly contradicted by the defendant's testimony. When the determination of constructive abandonment is premised upon an evaluation of the credibility of the respective parties, the findings of the Judicial Hearing Officer, who heard and observed the witnesses, should be accorded great weight (see, Raso...
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