Action on a local libel case that has grabbed headlines for the past two years continues with an appeal process. The case centers on David Gordon, a former Oneida County lawmaker, publicly stating in 2019 that a local woman, Caitlin McCann, had an extramarital affair with Oneida County Executive Anthony J. Picente. Jr.
In an October 2021 state Supreme Court filing, Justice Scott DelConte, addressed Gordon’s original charges in a written ruling: “Based on the evidentiary record before this Court: McCann did not had a liaison with Oneida County Executive Anthony Picente; McCann did not receive a 20% pay raise while working for Oneida County; McCann was never pregnant.
DelConte also wrote that there was a trial in the case that Gordon never attended. Ultimately, DelConte ordered Gordon to pay $394,416.10 in damages. Since then, the legal action has continued. In the latest lawsuit, an appeal on January 3, 2022 was filed with the State Appellate Division, 4th Department by Gordon seeking to overturn DelConte’s judgment.
“This appeal is filed to challenge the order, decision and judgment entered in the Oneida County Supreme Court, 5th JD…in the absence of defendant’s defenses at an unannounced/unknown/ secret hearing held on June 7, 2021, during which the court waived the defendant’s right to proceed in person and gave no notice of said hearing. The defendant wants the Court of Appeal to reverse this decision…. “, read the court documents.
The argument continues: “The defendant could not be present in court for a hearing and remotely as a witness only in the same related matter at the same time.
Further action on this last call is expected in 2023.