Suk Cho Kim, appellant, v. Eun Jung Kim, respondent.

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

Suk Cho Kim, appellant, v. Eun Jung Kim, respondent.

2013–00587 (Index No. 15362/10)

Decided: July 31, 2013

REINALDO E. RIVERA, J.P. RUTH C. BALKIN JOHN M. LEVENTHAL JEFFREY A. COHEN, JJ. Law Offices of Howard B. Felcher, PLLC, New York, N.Y. (Alexander M. Warshow of counsel), for appellant. Carway and Flipse, Mineola, N.Y. (Adrienne Flipse Hausch and Daniel S. Gerson of counsel), for respondent.

Argued—June 20, 2013

DECISION & ORDER

Adewole Agbayewa, Fresh Meadows, N.Y., attorney for the children.

In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Queens County (Jackman–Brown, J.), dated January 3, 2013, which denied his motion, in effect, to compel disclosure of all underlying data, empirical test results, records, and notes utilized by a court-appointed forensic evaluator in preparing a report dated October 6, 2011.

ORDERED that the order is affirmed, with costs.

Under the particular circumstances presented here, the plaintiff failed to establish his entitlement to the relief sought (see CPLR article 31).

RIVERA, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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