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KENNEDY v. MAHOPAC CENT. SCH. DIST.

2013-04376

120 A.D.3d 1394 (2014)

992 N.Y.S.2d 584

2014 NY Slip Op 06300

DAMIAN KENNEDY, an Infant, by His Mother and Natural Guardian, DONNA KENNEDY, et al., Respondents, v. MAHOPAC CENTRAL SCHOOL DISTRICT, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 24, 2014.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying the appellant's motion to compel the plaintiff Donna Kennedy and nonparty Damian Kennedy, Sr. (hereinafter together the parents), to submit to a psychiatric examination by Harold J. Bursztajn. Damian Kennedy, Sr., is not a party to this action, nor is he "an agent, employee or person in the custody or under the legal control of...

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