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MATTER OF LIM v. R.T.

10077, 530067/17.

176 A.D.3d 498 (2019)

108 N.Y.S.3d 340

2019 NY Slip Op 07363

In the Matter of Sabina Lim, Respondent, v. R.T., Appellant.

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

Decided October 15, 2019.

Attorney(s) appearing for the Case

Marvin Bernstein , Mental Hygiene Legal Service, New York ( Diane Goldstein Temkin of counsel), for appellant.

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Lake Success ( Eric Broutman of counsel), for respondent.

Concur—Sweeny, J.P., Tom, Mazzarelli, Oing, Singh, JJ.

The requirement of Mental Hygiene Law § 9.60 that the examining physician testify in person can be waived by respondent (see generally People v Seaberg, 74 N.Y.2d 1, 7 [1989]). Here, respondent's waiver, which was made by counsel on the record after conferring with respondent, was not made under "duress" and was effective (see id.).

Petitioner's evidence, which consisted of the medical charts and notes, and expert...

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