Ordered that the order and judgment is affirmed, without costs or disbursements.
At issue here is whether the testimony of Dr. Anthony Stern as to Marie H.'s mental state was admissible in the instant proceeding. Marie H. claims that Dr. Stern's testimony was inadmissible as violative of the physician-patient privilege (see CPLR 4504 [a]).
The petition alleged that "[f]rom September 5, 2003 until October 31, 2003 Marie was a patient at Westchester County...
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