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MATTER OF ALIYAH N.

9025.

171 A.D.3d 563 (2019)

96 N.Y.S.3d 858

2019 NY Slip Op 02959

In the Matter of Aliyah N., an Infant. Alvin N., Appellant; Leila S., Respondent, et al., Petitioner.

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

Decided April 18, 2019.

The father met his burden of demonstrating special circumstances warranting the grant of his motion to subpoena and depose ACS's expert medical witness, given ACS's failure to oppose the application and its concession that it does not know whether the doctor's testimony at the fact-finding hearing will support its allegations of child abuse (see CPLR 3101 [d] [1] [iii]; Falcone v Karagiannis, 93 A.D.3d 632, 634 [2d Dept 2012...

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