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FACEY v. HEYWARD

244 A.D.2d 452 (1997)

664 N.Y.S.2d 119

Christine Facey, Individually and as Mother and Natural Guardian of Martin Braithwaite, an Infant, Respondent, v. James Heyward, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 17, 1997

Ordered that the order is affirmed, with costs.

Contrary to the defendant's contention, the hearing court's factual findings, based upon its assessment of the credibility of the witnesses at the hearing, should not be disturbed, as that court had the opportunity to see and hear them and was in the best position to assess their truthfulness (see, Cautela Realty v McDonald, 239 A.D.2d 481

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