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Matter of Samuel E

Appellate Division of the Supreme Court of New York, First Department
Jun 12, 1997
240 A.D.2d 251 (N.Y. App. Div. 1997)

Opinion

June 12, 1997

Appeal from the Family Court, Bronx County (Bruce Kaplan, J.).


The filing of a copy of the sworn deposition of the victim rather than the original deposition did not render the petition jurisdictionally defective ( see, Matter of Garrett T., 224 A.D.2d 308). The, CPLR, which is applicable in the absence of any specific relevant provision in the Family Court Act ( see, Matter of Kareem C., 220 A.D.2d 283, 285; Family Ct Act § 165), expressly permits service and filing of copies of affidavits (CPLR 2101 [e]). Moreover, the document had been signed, and therefore does not, on its face, constitute hearsay ( Matter of Piterson C., 159 Misc.2d 499, 500).

Concur — Sullivan, J.P., Rosenberger, Wallach, Rubin and Andrias, JJ.


Summaries of

Matter of Samuel E

Appellate Division of the Supreme Court of New York, First Department
Jun 12, 1997
240 A.D.2d 251 (N.Y. App. Div. 1997)
Case details for

Matter of Samuel E

Case Details

Full title:In the Matter of SAMUEL E., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 12, 1997

Citations

240 A.D.2d 251 (N.Y. App. Div. 1997)
658 N.Y.S.2d 306

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