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IN THE MATTER OF SPIEGEL v. SPIEGEL

2008-10242 (Docket No. F-89-07)

68 A.D.3d 881 (2009)

2009 NY Slip Op 9236

889 N.Y.S.2d 488

In the Matter of ALLA SPIEGEL, Respondent, v. FELIX SPIEGEL, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 8, 2009.

Ordered that the order dated September 29, 2008, is affirmed, with costs.

Contrary to the father's contentions, the Family Court correctly denied his objections to the Support Magistrate's order. The Support Magistrate properly declined to draw an adverse inference against the mother for her failure to produce her current child care worker to testify, as testimony from that witness would have been cumulative (see e.g. Austin v Carstens-Elliot,

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