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MARK E. NOTEBOOM, appellant, v. ROBERT J. SHUGRUE, respondent.

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.

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NOTEBOOM v. SHUGRUE
(Jun 23, 2003)