SUPREME COURT : COUNTY OF CHAUTAUQUA
and CAROLE FEMLEY
vs Index #H-10895
FIDEL ROLDAN RAMOS
LIPSITZ, GREEN, FAHRINGER, ROLL
SALISBURY & CAMBRIA, LLP
(Laraine Kelley, Esq.
of Counsel) for Plaintiffs
BROWN & TARANTINO
(Albert J. D'Aquino, Esq.
of Counsel) for Defendant
DECISION and ORDER
Defendant moves for a change of venue because of
the publicity given by local media to the suspension of
defendant's medical license.
Plaintiff opposes the motion because of the
physical inconvenience and difficulty to plaintiff, an
amputee, to travel to Erie County for his trial and
pretrial proceedings. In fact, it is this very
condition that plaintiff alleges was caused by
In a close call, the Court granted such a motion a
year ago in the case of Beaujean vs. Ramos, Index No.
H-04816. The situation is not as sensitive, now.
Nearly a year has elapsed since the publicity.
Moreover, if negative publicity alone would be
grounds for a change of venue, nearly all well
publicized criminal cases would meet that threshold.
There is not a sufficient showing that an impartial
trial cannot be had in this County or that potential
prejudice cannot be controlled by the trial court. See
KrupkavCountyofWestchester, 553 NY2d 777 (2nd Dept,
It would be unjust to put the plaintiff to
unnecessary inconvenience when the alleged actions of
the defendant caused his suspension and the resulting
The Motion is denied, without prejudice, should
additional evidence of impartiality or potential bias
THIS IS THE DECISION AND ORDER OF THIS COURT. NO
FURTHER ORDER SHALL BE NECESSARY.
Dated: January , 1996
Mayville, New York
Supreme Court Justice
To all Counsel:
Please take notice that a DECISION and ORDER of
which the within is a copy, is duly granted in the above
entitled action on the day of , 1996, and
duly entered in the office of the Clerk of the County of
Chautauqua on the same date.