S.G. v. I.B., Docket Nos. V-05901-21

CourtNew York Family Court
Writing for the CourtHasa A. Kingo, J.
Citation2022 NY Slip Op 22188
PartiesIn the Matter of a Proceeding Under Article 6 of the Family Court Act S.G., Petitioner, v. I.B., Respondent.
Decision Date17 June 2022
Docket NumberDocket Nos. V-05901-21,V-2533-22,V-2534-22

2022 NY Slip Op 22188

In the Matter of a Proceeding Under Article 6 of the Family Court Act S.G., Petitioner,
v.

I.B., Respondent.

Docket Nos. V-05901-21, V-2533-22, V-2534-22

Family Court, New York County

June 17, 2022


Gillian Gamberdell Esq. for Petitioner; Sanctuary for Families

Jeffrey Schonbrun Esq. for Respondent; Law Office of Jeffrey Schonbrun

Doneth Gale, Lawyers for Children; Attorney for the Child

ORDER AND DECISION ON MOTION

Hasa A. Kingo, J.

NOTICE: PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 35 DAYS FROM THE OF MAILING OF THE ORDER TO THE APPELLANT BY THE CLERK OF THE COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR ATTORNEY FOR THE CHILD UPON THE APPELLANT, WHICHEVER IS EARLIEST.

The following papers numbered 1 to 7 were read on this motion to quash:

Papers:No(s).

Exhibits

Notice of Motion

1

Affirmation of Gillian Gamberdell, Esq. in Support

2-41, A-B

Affirmation of Jeffrey Schonbrun, Esq. in Opposition

5

Affirmation of Gillian Gamberdell, Esq. in Reply

6-7A

In this custody and visitation proceeding under Article 6 of the Family Court Act, petitioner S.G. ("Petitioner") moves pursuant to CPLR § 2304 for an order to quash five subpoenas, for an order directing respondent I.B. ("Respondent") to provide certain materials to Petitioner, and that Petitioner be given leave to amend this motion upon receipt of the materials. After review of the matter, including the motion papers and exhibits cited above, procedural history of the case, and the audio recording of an oral argument held on May 23, 2022, the motion is granted.

Background

Petitioner and Respondent are the parents of two children, G.G. (d.o.b. X/XX/2005) and W.G. (d.o.b. XX/XX/2015) (the "subject children"). On November 17, 2021, Petitioner filed a petition for a writ of habeas corpus, seeking return of the subject children from Respondent (Docket Nos. V-05900-21 and V005901-21). As alleged in the petition, the parties moved from Salt Lake City, Utah to New York City in 2014 and Petitioner continues to reside in New York City (id. ¶ 5). Petitioner further alleges that Respondent has a long history of domestic violence, alcohol abuse, temporary orders of protection issued against Respondent and in favor of Petitioner and the subject children, and involvement with child protective services in New York and Utah (id. ¶¶ 6-10). Petitioner states that on or about March 2020, Respondent traveled to Salt Lake City and stayed with his parents (id. ¶ 12). Petitioner also temporarily relocated to Salt Lake City due to concerns regarding the onset of the COVID-19 pandemic in New York City, but returned to New York City in June 2020 (id. ¶¶ 12-13).

Petitioner further alleges that the parties agreed Respondent would take the subject children to Montana and Salt Lake City for their summer vacation from June 27, 2021 to July 18, 2021, and then return them to New York (id. ¶ 14). The children left with Respondent on or about June 27, 2021 (id. ¶ 14). On July 4th, 2021, Petitioner, who is in recovery from alcoholism, relapsed and drank alcohol (id. ¶ 15). The next day, Petitioner "decided to go to a 28-day rehabilitation program while the children were on vacation so that she could be healthy and sober by the time her children returned from their [Respondent's] home" (id.). However, while Petitioner was in the rehabilitation program, Respondent informed Petitioner's mother that he would not return the children as planned and would instead move back with them to Utah (id. ¶ 16). Petitioner left the rehabilitation program on July 19, 2021, but the children were not returned to New York, leading her to file the petition for a writ of habeas corpus on November 17, 2021 (id. ¶¶ 17-20). The writ was not signed as to either child. After G.G. expressed a desire to continue living in Utah, the petition pertaining to him (Docket No. V-05900-21) was dismissed as withdrawn on April 6, 2022. The petition pertaining to W.G. (Docket No. V-05901-21) remains pending before the court.

On April 7, 2022, Petitioner filed the present petition for custody of both children (Docket Nos. V-02533-22 and V-02533-22). On April 1, 2022, in advance of a fact-finding hearing scheduled for May 23, 2022, the undersigned signed five subpoenas duces tecum submitted by Respondent. The subpoenas were directed to Dr. Amy Skaria, M.D., Resource Recovery Center of Orange County, Mount Saini Morningside, Parallax Treatment Center, and Samantha Rae Benigno, MA, MS, CACAS, RYT, and each seeks "all medical records, notes, testing results, records, reports, files, email, correspondence, or other documentation related to the above-named Petition" (Gamberdell aff in support, Exhibit A). The subpoenas were also submitted to the court with a cover letter directed to the court that indicates copies of it and the proposed subpoenas were provided to counsel for Petitioner and the attorney for the child. Each subpoena was also submitted with a cover letter that purports to give notice to the health care providers that the subpoenas will be presented to the court for signature within 24 hours of receipt of the letter. These letters also indicate that copies were served on counsel to Petitioner and the attorney for the child. Petitioner now moves to quash the subpoenas, for an order directing Respondent to provide copies of all materials submitted to the court in connection with the request for the subpoenas, and that Petitioner be given leave to amend this motion upon receipt of the materials. Respondent has since provided copies of the materials submitted to the court and...

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