B.G., Plaintiff, v. L.L.G., Defendant. (2026)

Relevant Factual and Procedural Background

Following the commencement of the above-captioned matrimonial action involving ancillary relief sought pertaining to the custody of minor children of the parties, this Court entered an order appointing forensic evaluator on March 5, 2026,¹ after which an acceptance of appointment was filed on March 30, 2026.²

On July 20, 2026, this Court received a report from the appointed forensic evaluator (hereinafter "Evaluation Report").

On July 24, 2026, a conference was held before the undersigned wherein appearances were made by Defendant, Defendant's counsel, the attorney for the children, and Plaintiff as a self-represented litigant.

During this conference this Court advised that the Evaluation Report had been received, discussed the review of the report and received oral argument pertaining to access to the Evaluation Report.

Legal Analysis

22 NYCRR § 680.6 provides a framework by which self-represented parties, counsel and retained experts may gain access to evaluation reports prepared by court-appointed forensic evaluators:

"(a) Where all parties are represented by counsel, a court shall provide a copy of the evaluation report to each counsel and attorney(s) for the child(ren). Counsel may show the report to the client but shall not provide a copy to the client nor allow the client to copy or photograph any part of the report.

(b)(i) Where one or more parties are self-represented, a court shall require the parties, counsel, and attorney(s) for the child(ren), to review the evaluation report at the courthouse. The court shall set such conditions as may be warranted to ensure that the contents of the evaluation report are not disclosed by the parties, directly or indirectly, to the child(ren). Such conditions shall provide equitable access to the report to the parties, counsel, and attorney(s) for the child(ren).

(ii) Notwithstanding the foregoing, if the court determines that viewing the evaluation report at the courthouse is impracticable, the court may grant access to the evaluation report, other than at the courthouse, under such conditions as may be warranted, which shall provide equitable access to the parties, counsel, and attorney(s) for the child(ren). The court shall set such conditions on access to the evaluation report, other than at the courthouse, after considering, among others, the following factors: the prior conduct of the parties, the effect a proposed condition may have on a party's ability to effectively litigate, and the potential for abuse or inadvertent disclosure.

(c) In all matters, access to an evaluation report shall not be provided to any party or counsel until the recipient provides an affirmation, signed under penalty of perjury, that: (i) the recipient will not share the report or its content with any third party, except a third-party retained or appointed to assist in the litigation and who signs a similar affirmation; and (ii) the report will not be copied or photographed."

A plain reading of these rules confirms that there are two separate tracks to obtain access to evaluation reports, the first being pursuant to subsection (a) for actions or proceedings wherein all parties are represented by counsel, and the second pursuant to subsection (b) wherein one or more of the parties are self-represented litigants, further broken down into situations where access may be facilitated within the courthouse versus others where a finding of such courthouse viewing is determined to be "impracticable" and access may be obtained at a location other than the courthouse. With respect to access under subsection (b), in either viewing to occur in a courthouse or other location, the court is required to set forth such conditions that "shall provide equitable access to the report" to parties and counsel.

While this court has been unable to locate any case law or other legal authority pertaining to the application of 22 NYCRR § 680.6, it is without question that as Plaintiff is a self-represented litigant, access to the Evaluation Report must be facilitated through subsection (b) and now turns to if such access shall take place at the courthouse or another location; and, determines that the courthouse is the proper location to facilitate access as doing so is not impracticable. To the contrary, the New York State Supreme Court, Westchester County courthouse (hereinafter "Courthouse"), is the most practicable location as the court staff is situated at that location, and will facilitate production of the Evaluation Report when it is sought to be accessed. Moreover, to ensure safety of parties and counsel who may be at that location at the same time, court officers are present at all times in front of the conference rooms located on the tenth floor of the Courthouse wherein the Westchester Matrimonial Part operates.

The court then turns to the question of what conditions may be warranted to ensure that the Evaluation Report is not improperly disclosed, while not adversely impacting equitable access to the Evaluation Report by those permitted to review same. Accordingly, the Court directs that the following conditions must be adhered to:

1. Location of Access — The Evaluation Report may be accessed only in the conference rooms on the tenth floor of the Courthouse located at 111 Dr. Martin Luther King, Jr., Blvd., White Plains, New York 10601 (hereinafter "Conference Room").

2. Scheduling Access — Any person authorized to access the Evaluation Report shall submit a letter to the undersigned, copied to all opposing counsel and self-represented parties of record, by filing same on the New York State Courts Electronic Filing System (hereinafter "NYSCEF") at least twenty-four hours in advance of the date and time wherein the individual seeks to obtain access to the Evaluation Report providing the date(s) and time(s) when access is sought to permit this Court to facilitate availability of the Conference Room (hereinafter "Scheduled Access").

3. Access Restrictions — During the Scheduled Access: (a) only individuals permitted to engaged in access to the Evaluation Report shall enter the Conference Room; (b) those individuals shall not bring into the Conference Room any electronics capable of copying, recording or broadcasting images, videos or other similar digital copies of the Evaluation Report; (c) those individuals shall not modify, amend, or otherwise alter the Evaluation Report; and, (d) those individuals shall not remove, in whole or part, the Evaluation Report from the Conference Room.

Irrespective if access to an evaluation report is permitted under subsection (a) or (b) as noted above, all authorized individuals seeking access to an evaluation report must sign an affirmation in the form and content required by 22 NYCRR § 680.6(c). Accordingly, all individuals seeking to gain access to the Evaluation Report shall execute and file on NYSCEF an affirmation in the form annexed as Exhibit A to this Decision and Order.

Based upon the foregoing it is hereby:

ORDERED that the oral applications for access to the Evaluation Report are determined as set forth herein; and it is further

ORDERED that by July 30, 2026, Defendant's counsel shall serve a copy of this Decision and Order, with notice of entry, on all counsel and self-represented litigants and by that date, shall file a copy of same with proof of service; and it is further

ORDERED that as agreed to by and between the parties, all parties and counsel shall appear on August 3, 2026 at 9:00 a.m. to review the Evaluation Report as set forth herein-above, and shall file on NYSCEF at least twenty-four (24) hours in advance, appropriate affirmations in compliance with 22 NYCRR § 680.6(c), followed by a settlement conference with this Court; and it is further

ORDERED that any relief requested pertaining to access to the Evaluation Report not granted herein is hereby denied.

The foregoing constitutes the decision and order of this Court.

Dated: July 24, 2026

White Plains, New York

ENTER:

HON. JAMES L. HYER, J.S.C.

EXHIBIT A

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF WESTCHESTER

B. G.,

Plaintiff,

AFFIRMATION

REGARDING ACCESS TO

EVALUATION REPORT

against

L. L. G.,

Defendant.

Index No.: [Redacted]

I affirm this ___ day of ______________, 2026, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, except as to matters alleged on information and belief and as to those matters I believe it to be true, and I understand that this document may be filed in an action or proceeding in a court of law:

1. I understand and confirm that an evaluation report has been prepared pertaining to the above-captioned action (hereinafter "Evaluation Report") for which I am now seeking access.

2. I have read the Decision and Order Regarding Access To Evaluation Report, dated July 24, 2026, (hereinafter "Decision"), and agree to comply with all the directives set forth therein, including, but not limited to, those pertaining to conditions regarding access to the Evaluation Report.

3. I shall comply with 22 NYCRR § 680.6(c), as I will not share the Evaluation Report or its content with any third party, except a third-party retained or appointed to assist in the litigation and who signs a similar affirmation; and, I confirm that the Evaluation Report will not be copied or photographed.

Dated:

FOOTNOTES

1.    See, NYSCEF Doc. No. 93.

2.    See, NYSCEF Doc. No. 115.

James L. Hyer, J.