DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law and as a matter of discretion, without costs or disbursements, the petition is reinstated, the petitioner's application to reopen the hearing is granted, and the matter is remitted to the Family Court, Dutchess County, for further proceedings consistent herewith.
The Family Court improvidently exercised its discretion in denying the petitioner's application for permission to reopen its direct case. A trial court, in the exercise of its discretion and for sufficient reasons, may allow a party to reopen and supply defects in evidence which have inadvertently occurred ( see, Benjamin v. Desai, 228 A.D.2d 764, 766; see also, People v. Olsen, 34 N.Y.2d 349; People v. Foy, 32 N.Y.2d 473; People v. Smith, 173 A.D.2d 416; Matter of Daniel A., 178 Misc.2d 90, 93-94; cf., Feldsberg v. Nitschke, 49 N.Y.2d 636, 643).
Here, the record indicates, inter alia, that the proof in question was omitted due to inadvertence ( Benjamin v. Desai, supra; Matter of Daniel A., supra), that the petitioner's application was not aimed at gaining a tactical advantage or creating delays ( Malhotra v. Gupta 226 A.D.2d 682), and that the respondent would suffer no prejudice if the application were to be granted ( see, Harding v. Noble Taxi Corp., 182 A.D.2d 365, 370; Kennedy v. Penninsula Hosp. Ctr., 135 A.D.2d 788, 791).
RITTER, J.P., SANTUCCI, THOMPSON, and JOY, JJ., concur.