Ordered that the order dated September 29, 2011, is affirmed insofar as appealed from, without costs or disbursements.
The Family Court erred in admitting into evidence the report of the Mental Health Assessment Team, since the report was not submitted under oath and the expert was not "present and available for cross-examination" (22 NYCRR 202.16 [g] [2]; see Matter of D'Esposito v Kepler,
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