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ELIZABETH S. STRAUS, plf-ap, v. DANIEL STRAUSS, def-res

93N. ELIZABETH S. STRAUS, plf-ap, v. DANIEL STRAUSS, def-res — Cohen Clair Lans Greifer & Thorpe LLP, New York (Robert Stephan Cohen of counsel), for ap — William S. Beslow, New York, for res — PARMET & GREENBLATT, LLC, NEW YORK (WENDY J. PARMET OF COUNSEL), ATTORNEY FOR THE CHILD.—Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered June 25, 2015, which, to the extent appealed from as limited by the briefs, denied plaintiff wife's motion to exclude a forensic custody evaluation and appoint a new forensic mental health expert, and granted defendant husband's cross motion to modify the interim parental access schedule, unanimously affirmed, without costs.

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93N. ELIZABETH S. STRAUS, plf-ap, v. DANIEL STRAUSS, def-res — Cohen Clair Lans Greifer & Thorpe LLP, New York (Robert Stephan Cohen of counsel), for ap — William S. Beslow, New York, for res — PARMET & GREENBLATT, LLC, NEW YORK (WENDY J. PARMET OF COUNSEL), ATTORNEY FOR THE CHILD.—Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered June 25, 2015, which, to the extent appealed from as limited by the briefs, denied plaintiff wife’s motion to exclude a forensic custody evaluation and appoint a new forensic mental health expert, and granted defendant husband’s cross motion to modify the interim parental access schedule, unanimously affirmed, without costs.

The motion court properly denied plaintiff’s motion to exclude the forensic report. Frye v. United States (293 F 1013 [DC Cir 1923]) does not require that a forensic report cite specific professional literature in support of the report’s analyses and opinions. As the motion court noted, plaintiff could cross-examine the forensic evaluator regarding the lack of citations, and such an omission is relevant to the weight to be accorded to the evaluator’s opinion, not to its admissibility (Zito v. Zabarsky, 28 AD3d 42, 46 [2d Dept 2006]).

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