Opinion
July 5, 1967
Order of the Supreme Court, Suffolk County, dated April 14, 1967, modified to the extent of granting defendants' motion for leave to renew their prior motion and by directing that a physical examination of the infant be conducted, at defendants' expense, by a court-appointed neurosurgeon and psychiatrist, for the sole purpose of determining whether a pretrial examination of the infant at this time would be detrimental to his health and well being; for such purpose, the motion is remitted to the Supreme Court for the appointment of said physicians upon defendants' application therefor. As so modified, order, insofar as appealed from, affirmed, without costs. Appeal from order, dated February 28, 1967, dismissed as academic, without costs. In our opinion, under the circumstances, an impartial determination of the infant plaintiff's physical and mental ability to undergo a pretrial examination at this time would be in the best interests of the parties. Beldock, P.J., Christ, Rabin, Benjamin and Munder, JJ., concur.