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.