Bethenny Frankel scored a major victory in New York City court on Monday morning when a judge shut down her ex-husband Jason Hoppy's request that the Real Housewives of New York star undergo drug and alcohol testing as part of their custody battle, RadarOnline.com can exclusively report.
"She is allowed to occasionally go and drink without her daughter present," Judge Michael Katz said with both bitter exes Frankel, 47, and Hoppy, 48, present in the courtroom on October 15. "What exactly is your claim? That she goes out and occasionally has a drink, because that's not illegal."
"It is my job to see if there is a reasonable doubt, and so far I don't see it."
Katz went on to say there was not "evidence sufficient enough to order drug and alcohol testing."
"There was a tragedy which I think you’re trying to exploit to embarrass Ms. Frankel. The appeal is denied."
As RadarOnline.com previously reported, Hoppy — the father of Frankel's daughter Bryn, 8 — claimed the reality star's drunken antics on her popular show and the apparent overdose death of her ex-boyfriend Dennis Shields in August should require her to submit to substance use testing.
"Your honor, we saw her drinking alcohol with friends on the Housewives and appeared on TV passed out from mixing alcohol with Ambien," Hoppy's lawyer argued in court this morning, as Frankel shook her head in protest. "There's evidence that she is…getting excessively intoxicated. I think it's enough to order a drug and alcohol test to see the extent of it."
Countering the attorney's claims, Frankel's lawyer insisted she had "no evidence" of Shields' drug problem, and called her drinking on TV simply "entertaining."
As Hoppy left court, Frankel let out an audible sneer in his direction, RadarOnline.com can exclusively report.
"Drug and alcohol testing would've either confirmed that this is a serious issue, or it would've eliminated it from consideration at the upcoming custody trial," Hoppy's lawyer, Robert Wallack, told RadarOnline.com in a statement after the tense hearing. "And while it's unfortunate that the judge didn't order testing today, the result is that Bethenny's use of substances will still be front and center at the trial in March. Especially when she continues to be intoxicated on TV and social media."
"We asked her privately, to voluntarily submit to testing," Mr. Wallack added. "We said Jason would, as well. But Bethenny refused. Why not just take a test? What is she hiding?”
The former couple has been fighting tooth and nail over financial, legal and custody issues since their 2012 split.
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