Schwartz v Schwartz (2025 NY Slip Op 02697)
Schwartz v Schwartz
2025 NY Slip Op 02697 [238 AD3d 1514]
May 2, 2025
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 9, 2025


[*1]
 Melinda Schwartz, Respondent,
v
Daniel A. Schwartz, Appellant. (Appeal No. 1.)

Bennett Schechter Arcuri & Will LLP, Buffalo (Paul A. Vance of counsel), for defendant-appellant.

Rupp Pfalzgraf LLC, Buffalo (Michael J. Colletta of counsel), for plaintiff-respondent.

Peter P. Vasilion, Williamsville, Attorney for the Child.

Melissa A. Cavagnaro, Buffalo, Attorney for the Child.

Appeal from an order of the Supreme Court, Erie County (Catherine R. Nugent Panepinto, J.), entered October 17, 2023. The order, insofar as appealed from, directed the parties to destroy or delete any audio, digital, electronic or other similar media recording of any discussions between a minor child in the matter and her attorney and precluded the use of such information.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Schwartz v Schwartz ([appeal No. 2] 238 AD3d 1514 [4th Dept 2025]). Present—Curran, J.P., Bannister, Smith, DelConte and Hannah, JJ.