CMH Client Wins Appellate Department Appeal

CMH Services is pleased to announce that on appeal before the NYS Supreme Court Appellate Division, Third Department, the Court recently ruled in favor of one of CMH Services’ clients: Matter of Jean, 135 A.D.3d 1281 (2016).

But what really makes this case special is the Court’s reasoning. They actually decided the case on “substantial evidence” grounds which is quite rare and impressive. The Court could have simply found on technical grounds (such as collateral estoppel or due process/ change of basis), instead they delved into the devilishly complicated details and parsed with a fine tooth comb. This was one of three CMH clients fired by the same employer on the same day for the same reason (identical termination letters). At the hearing level we won all three cases, but on the first level appeals there were differing results.

In the future we’ll post more details about this very interesting case including the highly regarded attorneys who were involved in the cases (on both sides!), how we ended up with the cases, and other interesting information (it would make a good soap opera).

The moral of the story is to always create a complete hearing record (even when the trial judge feels that you have already proven your point- even when you’ve won the first client’s appeal), and to have an appellate strategy in mind before going into any hearing.

local_offerevent_note July 20, 2016

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