Respondent, who seeks to vacate the order of protection on the ground that petitioner suborned perjury at the hearing, submits the affidavit of a witness at the hearing stating that his testimony against respondent was false. The affidavit was purportedly sworn to before a notary in Jamaica, but lacked the authenticating certificate required by CPLR 2309 (c). Although such a defect can be corrected nunc pro tunc (see Moccia v Carrier Car Rental, Inc.,
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MATTER OF ELIZABETH R.E. v. DOUNDLEY A.E.
44 A.D.3d 332 (2007)
841 N.Y.S.2d 871
In the Matter of ELIZABETH R.E., Respondent, v. DOUNDLEY A.E., Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided October 4, 2007.
Decided October 4, 2007.
Appellate Division of the Supreme Court of the State of New York, First Department.
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