IN RE LAPLANTE

Ordered that the order affirmed, without costs or disbursements.

We reject the petitioner's contention that the Family Court should have amended his petition sua sponte to include an allegation that the respondent slapped him. A pleading may be amended to conform to the proof, unless the amendment would prejudice the opposing party ( see CPLR 3025 [c]). Here, such an amendment would have prejudiced the respondent because, without notice of the factual allegation, she could not prepare her case.