MATTER OF BERK v. BERK


67 A.D.2d 708 (1979)

In the Matter of Gloria Berk, Appellant, v. Harvey Berk, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 22, 1979


Matter remanded to the Family Court for an evidentiary hearing solely on the question of whether the mother consented to the taping of her conversations and appeal held in abeyance in the interim. Whether a conversation or discussion ought to be suppressed under CPLR 4506 depends in critical part on whether there has been "the consent of at least one party" to the conversation or discussion. We remand for a determination of whether the mother consented to having her telephone...

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