Hauzinger v Hauzinger, 10 NY3d 923 (2008)

2008 NY Slip Op 05781 [10 NY3d 923]
June 26, 2008
Court of Appeals

[*1]

In the Matter of Richard M. Hauzinger, Respondent,
v
Aurela G. Hauzinger, Respondent. Carl R. Vahl, Esq., Appellant.

Decided June 26, 2008

Hauzinger v Hauzinger, 43 AD3d 1289, affirmed.

{**10 NY3d at 924} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Plaintiff husband executed a signed waiver releasing the nonparty mediator from maintaining mediation confidentiality, and insofar as defendant wife seeks disclosure of matters [*2]pertaining to the mediation, she too is deemed to have waived mediation confidentiality. Further, the mediation agreement provided that if both parties consent, the mediator may communicate with an attorney for either party and release documents to third parties. The mediator’s claim that a qualified privilege exists, pursuant to CPLR 3101 (b), in maintaining mediation confidentiality is without merit where the privilege has been waived. Under these circumstances, the courts below did not abuse their discretion by ordering disclosure. We do not address what, if any, mediation confidentiality privilege exists under CPLR 3101 (b).

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc. .