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

72 A.D.3d 622 Court N.Y. App. Div. Decision date 2010-04-29 English

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p. 622
In the Matter of Yudelka A.M., Appellant, v Jose A.R., Respondent.
[898 NYS2d 850]

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.

p. 623
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., 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]). Concur— Nardelli, J.P., McGuire, Acosta, Freedman and Román, JJ.

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