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MATTER OF JAMES P. v. BOLLER

525.2 OP 23-00359.

217 A.D.3d 1574 (2023)

192 N.Y.S.3d 858

2023 NY Slip Op 03642

In the Matter of James (née Nancy) P., Petitioner, v. M. William Boller, Justice of the Supreme Court, et al., Respondents.

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

Decided June 30, 2023.

Attorney(s) appearing for the Case

ALEXANDRA HARRINGTON , BUFFALO, FOR PETITIONER.

HARMONY A. HEALY , WATERTOWN, FOR RESPONDENT JOHN FLYNN, DISTRICT ATTORNEY, ERIE COUNTY.

Present—Whalen, P.J., Peradotto, Bannister, Montour and Greenwood, JJ.

Proceeding pursuant to CPLR article 78 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 506 [b] [1]) to prohibit enforcement of an order of respondent Hon. M. William Boller, Justice of the Supreme Court, Erie County, requiring petitioner to submit to a psychiatric evaluation by the expert for the People.

It is hereby ordered that said petition is unanimously...

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