Introduction to Appeals – New York State Supreme Court Appealate Division
Appeal was taken in September 2000, against Justice Sherri Klein-Heitler’s 28
page Decision and Order in which she denied our motion to vacate the General
Release we had signed to "settle" our case against Columbia
Presbyterian Hospital. Justice Klein-Heitler's Decision and our
initial appeal will be posted on future updates of the website.
All the issues presented to the New York State Court, Appellate Division, First Department
in the year 2000 amounted to three discrete questions. These are:
1. Whether the July 8, 1999 Stipulation of Settlement should be vacated upon the
ground that it was procured by duress and coercion?
2. Whether the stipulation of settlement constitutes an unlawful contract for
silence?
3. Whether the defenses of Moore’s actions in procuring the settlement are meritorious?
The
Appellate Division Order dated December 21, 2000, stated as follows:
"There
is no basis shown to set aside the stipulation of settlement entered into in
open court after full allocution by the court (see, Hallock v State of New
York, 64 NY2d 224, 230, Washo v Washo, 170 AD2d 827, 829)."
The Appellate
Court was silent on the other two questions. By its silence, the Appellate Court
gave tacit consent to Justice Heitler’s rejection of our assertion that we
had been defrauded and coerced into "settling" and that the General
Release contained an unlawful "Contract for Silence."
We then instituted two lawsuits to
request the Court officially respond to the above
Questions 2 and 3. Details of the first lawsuit can be found in the link titled,
"In Defense of the First Amendment." Details of the second can be
found at "Legal Malpractice Lawsuit."
In her
Decision of March 8, 2002, Justice Eileen Bransten of the New York State Supreme
Court dismissed our lawsuit to vacate that portion of the General Release that
required our silence regarding acts committed against Seth by Columbia
Presbyterian Hospital that reached the level of criminally negligent homicide.
We submitted
an appeal to the New York State Court, Appellate Division, First Department
regarding Judge Bransten’s Decision. Details of this appeal can be found at
the link to Appeal - "Contracts for Silence". Ultimately, the New
York State Court of Appeals, the highest New York State Court, refused to hear our
appeal, thereby taking the position that silence for medical malpractice,
even when it reached the level of a crime, is permissible.
As
to our Legal Malpractice Lawsuit to sue Thomas R. Moore, Esq., Justice Walter
Tolub’s decision was that this too had been decided against us by Justice Klein-Heitler.
We have also submitted an
appeal over this issue.
Click for Preface