Appellate Division of the Supreme Court of New York, Fourth Department · 2025 · Family Law
Family Lawin camera reviewmotion to quashsubpoenasappealfamily lawappellate divisiondocument review
Facts
In this matrimonial action, Supreme Court entered an order addressing discovery-related matters. The order directed an in camera review of certain documents. The same order also granted plaintiff's cross-motion to quash certain subpoenas. Defendant appealed from that order.
Issue
Whether the Appellate Division should review Supreme Court's directive for an in camera review of documents and whether the remainder of the order, including the grant of plaintiff's cross-motion to quash certain subpoenas, should be disturbed on appeal.
Rule
An appeal from an order directing an in camera review of documents may be dismissed insofar as it challenges that directive, and the remainder of the order may be affirmed where the appellate court adopts the reasoning set forth in a related memorandum decision.
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Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case
One of 10 multiple-choice questions for this case. Pick an answer to see why.
In a divorce action in Rochester, Supreme Court ordered that a spouse's therapy-related billing records be submitted to the judge for in camera review. The same order also denied other discovery relief, and Jordan Pike appealed only the portion requiring in camera review.
How should the appellate court treat the appeal from that portion of the order?
Explanation. The majority opinion states that an appeal from an order insofar as it directs an in camera review of documents is dismissed. Based strictly on that disposition, the proper treatment is dismissal of the appeal to that extent, rather than merits review. (Derived from Schwartz v. Schwartz (n.d.).)