JACK L. ALPERT, ETC. plf-ap, EUGENE ALPERT, AS EXECUTOR OF THE ESTATE OF JACK L. ALPERT, Judgment Creditor-ap

4267-4268N. JACK L. ALPERT, ETC. plf-ap, EUGENE ALPERT, AS EXECUTOR OF THE ESTATE OF JACK L. ALPERT, Judgment Creditor-ap — v. ZANE ALPERT def — DEBBIE ALPERT, Nonparty res — Melvin S. Hirshowitz, New York, for ap — Rosenberg & Estis, P.C., New York (Jeffrey Turkel of counsel), for res — Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered May 19, 2016, which, insofar as appealed from, granted nonparty Debbie Alpert's motion to quash a subpoena dated December 28, 2015 "until such time [as] the parties negotiate a confidentiality agreement" and for a protective order requiring plaintiffs and their counsel to obtain permission of the court before serving any further subpoenas to obtain Alpert's banking or other financial records, unanimously reversed, on the law and the facts and in the exercise of discretion, with costs, so much of the motion as sought to require plaintiffs and their counsel to obtain the aforesaid permission of the court denied, and so much of the motion as sought to quash denied on condition that the judgment creditor use any documents and information obtained from such subpoena solely to enforce the judgment. Order, same court and Justice, entered September 2, 2016, which, upon reargument, granted Alpert's motion for a protective order with regard to a subpoena dated June 24, 2015, unanimously modified, on the law and the facts and in the exercise of discretion, to delete the limitation that the documents and information received in response to said subpoena not be disseminated or shown to anyone other than plaintiffs and their counsel, and otherwise affirmed, without costs.

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4267-4268N. JACK L. ALPERT, ETC. plf-ap, EUGENE ALPERT, AS EXECUTOR OF THE ESTATE OF JACK L. ALPERT, Judgment Creditor-ap — v. ZANE ALPERT def — DEBBIE ALPERT, Nonparty res — Melvin S. Hirshowitz, New York, for ap — Rosenberg & Estis, P.C., New York (Jeffrey Turkel of counsel), for res — Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered May 19, 2016, which, insofar as appealed from, granted nonparty Debbie Alpert’s motion to quash a subpoena dated December 28, 2015 “until such time [as] the parties negotiate a confidentiality agreement” and for a protective order requiring plaintiffs and their counsel to obtain permission of the court before serving any further subpoenas to obtain Alpert’s banking or other financial records, unanimously reversed, on the law and the facts and in the exercise of discretion, with costs, so much of the motion as sought to require plaintiffs and their counsel to obtain the aforesaid permission of the court denied, and so much of the motion as sought to quash denied on condition that the judgment creditor use any documents and information obtained from such subpoena solely to enforce the judgment. Order, same court and Justice, entered September 2, 2016, which, upon reargument, granted Alpert’s motion for a protective order with regard to a subpoena dated June 24, 2015, unanimously modified, on the law and the facts and in the exercise of discretion, to delete the limitation that the documents and information received in response to said subpoena not be disseminated or shown to anyone other than plaintiffs and their counsel, and otherwise affirmed, without costs.

The judgment creditor’s argument that nonparty Debbie Alpert (the judgment debtor’s daughter-in-law) lacks standing to move to quash subpoenas directed at her bank is unpreserved, and we decline to review it.

JACK L. ALPERT, ETC. plf-ap, EUGENE ALPERT, AS EXECUTOR OF THE ESTATE OF JACK L. ALPERT, Judgment Creditor-ap

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