July 26, 2016
This responds to your inquiry (16-96) asking if you may continue to preside in cases involving a doctor for whom you provided a negative evaluation to the Appellate Division, about the doctor’s work in a case before you. Based on your evaluation, the Appellate Division’s certification committee is now re-considering his/her suitability for the Mental Health Professional Panel, and the doctor is aware your evaluation commenced the process.
You may continue to preside in cases involving this doctor as long as you are confident you will be able to evaluate his/her expert testimony in a fair and impartial manner.
Enclosed, for your convenience is Opinion 16-23 which addresses these issues.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)