Opinion
August 9, 1993
Appeal from the Supreme Court, Queens County (Di Tucci, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The original action was timely commenced for the purposes of CPLR 205 (a), despite the fact that when the summons was filed pursuant to CPLR 203 (b) (5), the plaintiff had not yet been appointed the administrator of the decedent's estate (see, Carrick v Central Gen. Hosp., 51 N.Y.2d 242; Moskowitz v Rosenberg, 71 A.D.2d 301). The appellants' contention that they were improperly served with process in the original action is without merit. The hearing court properly determined the credibility of the witnesses at the hearing to determine if service had been effected and the court's finding was supported by a fair interpretation of the evidence (see, Feeney v Booth Mem. Med. Ctr., 109 A.D.2d 865). Rosenblatt, J.P., Miller, Santucci and Joy, JJ., concur.