Kunz v. Kunz

OPINION OF THE COURT

Ralph Diamond, J.

This is a motion by the respondent in a family offense petition for an examination before trial of the petitioner. This appears to be one of first impression.

Subdivision (a) of section 165 of the Family Court Act provides that the disclosure article of the CPLR is generally applicable to Family Court proceedings “to the extent that they are appropriate to the proceedings involved.”

Various disclosure devices under the CPLR have been permitted in the Family Court in numerous proceedings under the Family Court Act. However, no case has been reported in which…