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HAUZINGER v. HAUZINGER

10 N.Y.3d 923 (2008)

892 N.E.2d 849

862 N.Y.S.2d 456

RICHARD M. HAUZINGER, Respondent, v. AURELA G. HAUZINGER, Respondent. CARL R. VAHL, ESQ., Appellant.

Court of Appeals of the State of New York.

Decided June 26, 2008.

Attorney(s) appearing for the Case

Abel & Brustein-Kampel, P.C., New City (Steven L. Abel and Robert S. Thaler of counsel), for appellant.

Moriarty & Grocott, Buffalo (Steven H. Grocott of counsel), for Aurela G. Hauzinger, respondent.

Uncyk, Borenkind & Nadler, L.L.P., New York City (Matthew B. Millman and Eli Uncyk of counsel), for Association for Conflict Resolution and others, amici curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

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 pertaining to the mediation, she too is deemed to have waived mediation confidentiality. Further, the mediation agreement...

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