2404 Sourwood Drive

Phoenix, NY 13135

November 5, 1995

Dr. Lois Black

311 Berkeley Drive

Syracuse, NY 13210

Dear Dr. Black:

We have had two phone conversations since my letter of October 26th. I just wanted to “formalize” what I discussed with you in our last conversation -- that you please suspend efforts in this matter until either both sides, or Judge Major, is able to address some concerns I have regarding the process.

An attorney could have handled my concerns with you more gracefully (as someone not under examination). I think if your initial response to my letter had been more positive we could have proceeded, but I have now had two conversations with you (some of which have been heated), in which you:

· Rejected recording as completely unacceptable and expressed skepticism that any psychologist would allow recording.

· Were unwilling to wait and give me a chance to study the matter. You felt you were ordered by the Court to complete this testing and that it must proceed.

· Told me that I would be labeled “uncooperative” if I did not resume testing immediately.

I did call the New York State Psychological Association to ask for an independent referral. They gave me the name of a Dr. Lazarro. We spoke on the phone and he briefly reviewed his procedures with me (he conducts indpendent testing in conjunction with a Child Psychologist) -- and he expressed no concerns over taping of sessions for either him or the other psychologists he uses. Indeed, he acknowledged that because of the evidentiary nature of the final report -- a recording would keep a clear record of what was said.

I did receive your letter, but I feel our relationship has been tainted due to my lack of counsel and and experience in these matters. I do not know how any presumption of objectivity could be maintained. I will be discussing how to proceed with Ms. Walsh, and may be preparing new papers for the Court.

CC:

Ms. Maureen Walsh, Esq.

Mr. Joseph Lupia, Esq.

Ms. Adrianne Murtari

Sincerely yours,

John Murtari