ANONYMOUS v. ANONYMOUS

ORDERED that the order is affirmed insofar as appealed from, with costs.

CPLR 3121(a) provides that when the mental or physical condition of a party is in controversy, any party may serve notice on another party to submit to a physical or mental examination by a designated physician. It is a generally accepted principle that parties to a contested custody proceeding place their physical and mental conditions in issue ( see Rosenblitt v. Rosenblitt, 107 A.D.2d 292, 293-294). Furthermore, the value of psychiatric evaluations of both the children and the parents in a matrimonial custody dispute has long been recognized by the courts of this State ( see Rosenblitt v. Rosenblitt, supra at 297).

In view of the Supreme Court's determination that the court-appointed physician's findings were inconsistent, it properly directed the defendant to submit to a psychiatric examination and psychological testing, especially since the defendant has a diagnosed mental disorder ( see Sardella v. Sardella, 125 A.D.2d 384; cf. Rosenblitt v. Rosenblitt, supra at 295).

The defendant's remaining contention is without merit.

RITTER, J.P., SANTUCCI, ADAMS and CRANE, JJ., concur.