A DeKalb County judge on Monday denied an attorney's request to subpoena Dunwoody entrepreneur Rusty Sneiderman's wife and his alleged shooter.

Esther Panitch, who sought to depose Andrea Sniederman and her former boss, Hemy Neuman, in a separation suit filed on behalf of Neuman's wife, said the ruling by Superior Court Judge Gail Flake was just a temporary setback. Flake cited procedural errors in her ruling to deny the subpoenas.

"As the Judge's ruling deals solely with the timing of the service of the discovery requests, we will continue to pursue depositions and production of documents at the appropriate time," Panitch said in a statement.

Panitch told the AJC earlier this month the alleged shooter's wife, Ariela Neuman, believes "there was an extramarital relationship between Hemy Neuman and Andrea Sneiderman."

The DeKalb District Attorney's Office, acknowledging it possessed the requested materials that indicate an affair between the suspect and the widow, filed a protective order to shield it from handing over the discovery evidence.

Sneiderman's attorney, Seth Kirschenbaum, also filed a motion to quash the subpoena request, calling it "irrelevant and immaterial" to Ariela Neuman's separation suit from her husband of 22 years.

Neuman, 48, is charged with gunning down Rusty Sneiderman outside a Dunwoody day care facility last fall. Police have not implicated Andrea Sneiderman in her husband’s slaying.

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