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In the Matter of JONATHAN B. and Another, Children Alleged to be Neglected. JOANNE B., Appellant; COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

The motion was properly denied for failure to show that the new witness could not have been earlier discovered in the exercise of due diligence, and that, in any event, the new witness's probable testimony, as indicated in her affidavit, was essentially cumulative of appellant's testimony and probably would not have produced a different result at trial (CPLR 5015 [a] [2]).

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IN THE MATTER OF JONATHAN B
(Oct 14, 2004)