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Yudelka A. M. v. Jose A. R.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 29, 2010

IN RE YUDELKA A. M., PETITIONER-APPELLANT,
v.
JOSE A. R., RESPONDENT-RESPONDENT.

Order, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered on or about May 7, 2009, which dismissed a family offense petition seeking an order of protection against respondent, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Nardelli, J.P., McGuire, Acosta, Freedman, RomÁn, JJ.

Although petitioner contends that the court erred in dismissing the petition without first making a factual determination as to whether the allegations of the petition were supported by a preponderance of the evidence, petitioner never objected on this ground when the court issued its ruling. Accordingly, petitioner's contention is not preserved for review (see Family Ct Act § 1118; CPLR 5501[a][3]; see also Matter of Michael A.M., Jr., 31 AD3d 1183, 1184 [2006]).

The court did not abuse its discretion by disallowing petitioner's proffered rebuttal testimony, which was cumulative in part, and could have been presented as part of petitioner's case-in-chief (see People v Harris, 98 NY2d 452, 490 [2002]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100429

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