Manhattan Supreme Court Justice Michael Katz is accusing Bethenny Frankel’s ex-husband Jason Hoppy of attempting to “exploit” her ex-lover Dennis Shield’s death.

Frankel and Hoppy are engaged in a bitter custody battle, and Hoppy has pointed to Shield’s recent death, presumably from a drug overdose, as a reason to cast doubt on Frankel’s parenting abilities. He has requested that Frankel be drug-tested to maintain custody of their daughter.

“There was a tragedy which I think you’re trying to exploit to embarrass Ms. Frankel,” Justice Katz said, as he denied the request.

In court, Hoppy’s lawyer Robert Wallack pointed to Frankel’s Instagram video post last week as well, in which she “was clearly intoxicated and slurring her speech.” She also “appeared on TV passed out from mixing alcohol with Ambien,” Wallack said, in reference to the May 30th episode of Real Housewives of New York City.

The exes share parenting time with Bryn, 8, but Frankel requested full custody last year after Hoppy was charged with stalking her. The custody trial has been set for March.

Source: Pulse of Radio