Opinion
2002-11049
Submitted May 27, 2003.
June 23, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Orange County (McGuirk, J.), dated December 6, 2002, which denied his motion for a protective order to vacate the defendant's notice designating a certain doctor to conduct an independent medical examination of the plaintiff.
Larkin, Axelrod, Trachte Tetenbaum, LLP, Newburgh, N.Y. (Adam Garth of counsel), for appellant.
Kornfeld, Rew, Newman, Ellsworth, Suffern, N.Y. (William S. Badura of counsel), for respondent.
Before: DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the plaintiff's motion pursuant to 22 NYCRR 202.17(a), to vacate the defendant's notice of independent medical examination of the plaintiff. Contrary to the plaintiff's contention, the record did not establish the designated physician's alleged bias against him or his counsel (but see Pettway v. Ogbonna, 261 A.D.2d 700 ).
RITTER, J.P., FRIEDMANN, H. MILLER and TOWNES, JJ., concur.