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  5. 78 N.Y.2d 1031 (1991)
 

MATTER OF JESSICA

78 N.Y.2d 1031 (1991)

In the Matter of Jessica R., a Child Alleged to be Abused, by Brenda W. Feder, as Law Guardian, Appellant. Westchester County Department of Social Services et al., Respondents.

Court of Appeals of the State of New York.

Decided October 15, 1991.

Attorney(s) appearing for the Case

Brenda W. Feder, Law Guardian, for Jessica R., appellant.

Marilyn J. Slaatten, County Attorney (Marguerite R. Wiess of counsel), for Westchester County Department of Social Services, respondent.

James C. Kahn for Peter R., respondent.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE and HANCOCK, JR., concur; Judge KAYE dissents in part in an opinion in which Judge BELLACOSA concurs.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the matter remitted to the Family Court for reconsideration in light of the amendment to Family Court Act § 1038 (c). The certified question should be answered in the negative.

Respondent, charged in the Family Court with sexually molesting his daughter, seeks to have her psychologically examined by an expert of his choice...

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