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IN THE MATTER OF SALTZMAN v. BOARD OF APPEALS OF VILLAGE OF ROSLYN

26 A.D.3d 505 (2006)

811 N.Y.S.2d 99

In the Matter of BRAD SALTZMAN et al., Appellants, v. BOARD OF APPEALS OF VILLAGE OF ROSLYN et al., Respondents.

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

February 28, 2006.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly credited the testimony of the Deputy Village Clerk at the hearing that she received service of process only once, on June 28, 2002, six days after the time allowed for service (see Village Law § 7-712-c [1]; CPLR 306-b). The determination of a trier of fact at a hearing is entitled to great deference on appeal and will not be disturbed unless it is against the weight of the credible...

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