Legal Question in Appeals and Writs in New York
Reversible Error
Is it reversable error the court during the course of a show cause hearing to state on the record that it has in its possesion an e-mail that places the defendant in the courtroom of another (now retired) judge, only to find out that after inquiries by both an administrative judge and the county clerk, the e-mail referred to do not exist?
2 Answers from Attorneys
Re: Reversible Error
The question doesn't make sense-what is the OSC about?
Re: Reversible Error
More information is needed to answer your question. If sufficient basis exists to support the ruling without this email issue, then it won't be reversible error. If the entire ruling is based on this issue, and the court did not correctly apply the law, it could be reversible.
But if you are saying that a litigant lied or falsified something, and the court relied on it, then what you need to do is move for reargument or renewal and show that the court misapprehended the facts or that someone claimed an email was sent that, in fact, didn't exist. If the court reasonably relied on information presented to it, it's not reversible error until it is demonstrated that such reliance is unreasonable given all of the circumstances.
Please be a bit more specific.
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