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Decisions of Interest

By ALM Staff | Law Journal Newsletters |
February 01, 2004

Dispute Over Lottery Winnings' Status As Joint Property

A woman was unsuccessful in obtaining a protective order prohibiting her husband from giving the media transcripts of her deposition despite the fact that her deposition pertained to divorce proceedings. Parker v. Parker, N.Y.L.J. 12/15/03, DOI; Pg. 19 (Sup. Ct., Nassau Cty.) (Falanga, J.).

A woman who won a $25 million lottery prize moved for a protective order enjoining her husband from distributing transcripts of her divorce-related deposition to the media. In their divorce, the husband argued that the lottery prize was excluded from their prenuptial agreement and subject to an oral agreement to share the winnings. Conceding that the party seeking a protective order normally bears the burden of proving entitlement, the woman, citing Lisa C.-R. v. William R., 166 Misc2d 817, argued that in a divorce, the party seeking to disseminate a deposition transcript must establish a special need for dissemination. Departing from the Lisa C.-R. exception, the court denied the woman's motion, ruling that she failed to meet her burden of proof under Civil Practice Law and Rules 3103. The court noted that while the Lisa C.-R. court found a presumption against dissemination of matrimonial papers, it did not define the parameters or duration of the presumption.

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