Opinion
April 25, 1995
Appeal from the Family Court, New York County (Jeffrey Gallet, J.).
No basis exists to disturb Family Court's finding crediting the testimony of petitioner's process server and discrediting that of respondent on the issue of whether service was made (see, Tirado v City of New York, 200 A.D.2d 383). The discrepancy between the process server's description of respondent's weight in his affidavit of service and her actual weight was explained by his testimony that she took the papers from him behind a "cracked door".
Concur — Sullivan, J.P., Ellerin, Rubin, Williams and Tom, JJ.