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Kim v. Kim

Supreme Court of New York, Second Department

July 31, 2013

Suk Cho Kim, appellant,
v.
Eun Jung Kim, respondent.

Law Offices of Howard B. Felcher, PLLC, New York, N.Y. (Alexander M. Warshow of counsel), for appellant.

Carway and Flipse, Mineola, N.Y. (Adrienne Flipse Hausch and Daniel S. Gerson of counsel), for respondent.

Adewole Agbayewa, Fresh Meadows, N.Y., attorney for the children.

REINALDO E. RIVERA, J.P., RUTH C. BALKIN, JOHN M. LEVENTHAL, JEFFREY A. COHEN, JJ.

DECISION & ORDER

In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Queens County (Jackman-Brown, J.), dated January 3, 2013, which denied his motion, in effect, to compel disclosure of all underlying data, empirical test results, records, and notes utilized by a court-appointed forensic evaluator in preparing a report dated October 6, 2011.

ORDERED that the order is affirmed, with costs.

Under the particular circumstances presented here, the plaintiff failed to establish his entitlement to the relief sought (see CPLR article 31).

RIVERA, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.


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