Opinion
May 4, 1995
Appeal from the Supreme Court, Albany County (Teresi, J.).
Because we agree with the position of the First Department, as initially enunciated in D'Amico v Manufacturers Hanover Trust Co. ( 182 A.D.2d 462), that courts have no statutory authority to compel the examination of an adverse party by a nonphysician vocational rehabilitation specialist (see, Savarese v Yonkers Motors Corp., 205 A.D.2d 463; Peterson v Zuercher, 198 A.D.2d 797 [4th Dept]; cf., Johnson v Moran Towing Transp. Co., 194 A.D.2d 445; but see, Gomez v Long Is. R.R., 202 A.D.2d 633), we are constrained to reverse Supreme Court's order. Defendants' arguments concerning the advisability of authorizing such discovery are best directed to the Legislature.
Cardona, P.J., White, Peters and Spain, JJ., concur. Ordered that the order is reversed, on the law, with costs, and motion denied.