B.T. v. E.T.

OPINION OF THE COURT

Catherine M. DiDomenico, J.

The present action for divorce was commenced by the filing of a summons and complaint on or about March 18, 2016. By order to show cause dated September 2, 2016, plaintiff wife B.T. seeks an order enjoining defendant husband E.T. from being present in the delivery room when she gives birth to the parties’ expectant child. Husband objects to the order and further claims that wife’s counsel failed to give proper notice of this emergency application as required by 22 NYCRR 202.7 (f).

Turning first to the question of sufficient notice, 22 NYCRR 202.7…