Filed Date: 6/12/1997
Status: Precedential
Modified Date: 11/1/2024
Order of disposi
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 AD2d 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 AD2d 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.