Matter of Constance NN.
2008 NY Slip Op 00017 [47 AD3d 986]
January 3, 2008
Appellate Division, Third Department
As corrected through Wednesday, March 12, 2008


In the Matter of Constance NN., a Child Alleged to be Abused.Tioga County Department of Social Services, Respondent; Peter NN.,Appellant.

[*1]Andrew M. Dunn, Oneida, for appellant.

Christian Root, Tioga County Department of Social Services, Owego, for respondent.

Peter Fee, Law Guardian, Vestal.

Carpinello, J. Appeal from an order of the Family Court of Tioga County (Sgueglia, J.),entered January 2, 2007, which granted petitioner's application, in a proceeding pursuant toFamily Ct Act article 10, to adjudicate respondent's child to be abused.

Following a hearing, Family Court determined that respondent sexually abused his youngdaughter. On appeal, respondent advances only one argument, namely, that Family Court erred inadmitting a certain videotape into evidence without a proper foundation and/or authentication.This issue, however, was not properly preserved by an appropriate objection and, thus, has beenwaived (see CPLR 4017, 5501 [a] [3]; Matter of Henry W., 30 AD3d 695, 696 [2006]; Matter of Antonia QQ., 1 AD3d841, 842 [2003]; Matter of Karen BB., 216 AD2d 754, 756-757 [1995]; see also Matter of Diamond K., 31AD3d 553 [2006]; Matter of "Baby Girl" Q., 14 AD3d 392, 393 [2005], lvdenied 5 NY3d 704 [2005]; Matterof Diaz v Santiago, 8 AD3d 562, 563 [2004]). There being no other issue raised, weaffirm Family Court's order.[*2]

Cardona, P.J., Peters, Spain and Lahtinen, JJ., concur.Ordered that the order is affirmed, without costs.


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