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Latest revision as of 21:12, 7 October 2024
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Mary Smith is a justice for the Westchester County Supreme Court in the 9th Judicial District of New York. In 2003, she was elected as a supreme court justice for Rockland County.[1][2]
Education
Smith received her undergraduate degree from Simmons College and her J.D. degree from the Hofstra University School of Law in 1977.[1]
Career
- 2002-Present: Supreme court justice, Westchester County Supreme Court, New York
- 1995-2002: Judge, Westchester County Court, New York
- 1990-1995: Judge, Yonkers City Court, New York
- 1988-1990: Attorney in private practice
- 1979-1988: Senior Assistant District Attorney, District Attorney's Office, Westchester County, New York
- 1977-1979: Special Assistant Attorney General, State Attorney General's Office, New York[1]
Noteworthy cases
Porcelli v. Northern Westchester Hospital Center
According to an unsigned ruling from the Supreme Court for the State of New York, Appellate Division for the Second Judicial Department, plaintiff Theresa Porcelli is entitled to a new trial due to the conduct of the justice in the case. The ruling was made after Westchester County Supreme Court Justice Mary Smith closed the case following a jury verdict in favor of the hospital. The case stems from treatment plaintiff's infant daughter received after her birth in November 2000 at Northern Westchester Hospital Center. Plaintiff alleged that after a doctor intubated the baby to check for mecononium, the baby developed respiratory problems. The mother claimed the child required multiple surgeries to treat injuries sustained during the intubation.
The appellate court ruled that misconduct on behalf of the trial court and excessive intervention into the proceedings by the trial justice deprived the plaintiff of a fair trial. The court noted plaintiff's counsel was afforded significantly less leeway when examining and cross-examining witnesses than defense counsel. The ruling explained the trial court justice may have been responding to the aggressive manner of the plaintiff's attorney who often appeared to deliberately provoke the trial justice during the case. However, the appellate court noted the trial court justice should have remained fair and impartial to both sides while presiding over the trial.
Due to the manner in which the trial justice conducted the case and the comments she made in front of the jury, the appellate court ruled there was no way for the jury to fairly and impartially decide the case. A new trial under a different justice was ordered. However, plaintiff will only be able to retry the case on the issue of the vicarious liability claims made against the hospital. The claims regarding the hospital's alleged policy to intubate infants when meconium is observed cannot be retried.[3]
See also
External links
Footnotes
