In Frank v. Frank, 231 AD2d 968 (4th Dept, 1996) the court interpreted Mental Hygiene Law 33.13(c)(1) as authorizing the release of clinical therapeutic records pursuant to a Court order only where a finding has been made that the interests of justice outweigh the need for confidentiality. (See id). But the court also went on to say that the Appellate Justices could not themselves make a determination for the release independent of the trial court, as they did not have all the facts the lower court did. As this is always a fact-driven determination, the trial court must weigh and make the determination for itself, and on a case-by-case basis.