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STATEN ISLAND, N.Y. -- In a first-of-its-kind case in the state, a Staten Island judge recently ruled in favor of a pregnant woman who was seeking to keep her estranged husband out of the delivery room when she gives birth.

On Sept. 2, Brianne Stoffer Tagliarini, 35, filed an order in Supreme Court in St. George to ban her former spouse, Eric Tagliarini, 37, from being in the room during her labor, according to court records.

"My client has a right as patient and a woman to decide who is in her presence when she receives medical attention," said the woman's lawyer, Amanda Drucker of the law firm of DiVernieri, DiVernieri and Cotter.

In her decision, Supreme Court Justice Catherine M. DiDomenico wrote, a "wife, as a patient, has a legal right to determine the course of her medical treatment and the right to the utmost privacy in the receipt of medical care...If the court were to grant husband access to the delivery room against wife's wishes, it would create a potentially unsafe and volatile situation."

The "husband's unwelcomed presence could cause additional stress on wife and potentially disrupt medical personnel attempting to provide care to both mother and baby," the judge said.

Brianne, who filed for divorce in March, is set to give birth to their third child, but has not gone into labor yet, Drucker said.

"Her giving birth is a vulnerable time," the lawyer added.

"It basically boils down to it's not about him, it's about me," Brianne told the New York Post.

Eric Tagliarini's attorney had argued that his wife waited until last minute to file the order and didn't provide proper 24-hour notice, but that notion was also rejected by the judge.

"Husband was aware that wife objected to his presence in the delivery room," DiDomenico wrote in the decision. " Accordingly, as husband was aware that wife might well make an application in the event that this issue could not be resolved between counsel, his claims to have been 'sandbagged' by this application are not persuasive."

"When the verdict came down, I was beside myself," the husband told the Post.

The couple also has a 4-year-old son and a 3-year-old daughter, the report said.

However, the judge also noted that the father has a right to see the child after the birth and when medical treatment is complete, the decision said.

Eric Tagliarini's lawyer, Alison Aplin, declined comment.

Brianne Tagliarini could not be reached for comment.

The case appears to be the first New York state, but a recent case in New Jersey also sided with the woman.