Ashmore v. Lewis

Appeal from order, Supreme Court, New York County (Alice Schlesinger, J.), entered January 27, 2012, which granted defendant’s motion pursuant to CPLR 3211 (a) to dismiss the complaint, deemed an appeal from judgment, same court and Justice, entered February 7, 2012, dismissing the complaint (CPLR 5501 [c]), and, so considered, unanimously affirmed, without costs.

The documentary evidence submitted by defendant, a psychologist appointed by the court as the neutral forensic evalúa*509tor with the consent of the parties’ attorneys and the children’s attorney in an underlying custody proceeding in…