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MATTER OF MISHOOK v. MISHOOK

78 A.D.2d 570 (1980)

In the Matter of Fawn Mishook, Also Known as Fawn Floud, Respondent, v. James Mishook, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 25, 1980

The appellant husband contends on this appeal that the testimony of the petitioner wife at the hearing in support of the application was a nullity since it was unsworn and, therefore, legally insufficient to support the court's determination. The failure of the appellant to object to the unsworn testimony, however, waives any argument that the testimony was not properly admitted (Matter of Brown v Ristich,

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