Berk v. Berk

OPINION OF THE COURT

Howard Miller, J.

This motion by plaintiff seeks to suppress certain tape recordings of telephone conversations between the moving party, the mother of the children concerned in this proceeding, and the children. The mother claims that she gave no consent to the recordings (Penal Law, § 250.05) nor was the party recording, the father of the children, a participant in the conversations being recorded. The moving party further contends that the children concerned, five years of age and seven years of age respectively, are incapable of giving their *34consent. The within motion…