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Tousant v. Aragona

Citation: 2022 NY Slip Op 04870Docket: 558 CA 21-00921

Court: Appellate Division of the Supreme Court of the State of New York; August 4, 2022; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In the case of Tousant v. Aragona (2022 NY Slip Op 04870), the Appellate Division of the Fourth Department addressed an appeal concerning an order from the Supreme Court of Oswego County, which was issued on January 27, 2020. The court, consisting of Justices Whalen, Smith, Centra, Lindley, and Bannister, dealt with an appeal by defendants John M. Aragona and Central Square Central School District regarding their motion to compel the production of Anthony J. Farrell's cell phone. The appellate court unanimously affirmed the lower court's order that denied this motion, with no costs awarded. The decision is based on the same reasoning as provided in a related case, Tousant v. Aragona. The ruling was officially entered on August 4, 2022.

Legal Issues Addressed

Appellate Review - Affirmation of Lower Court Orders

Application: The appellate court affirmed the lower court's order using the same reasoning as in a related case, demonstrating reliance on precedent for consistent legal reasoning.

Reasoning: The decision is based on the same reasoning as provided in a related case, Tousant v. Aragona.

Motion to Compel Production of Evidence

Application: The appellate court reviewed the lower court's decision denying the motion to compel the production of a cell phone and affirmed the decision, indicating that the defendants' request was not justified under the circumstances.

Reasoning: The appellate court unanimously affirmed the lower court's order that denied this motion, with no costs awarded.