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Gordon appeals judge’s ruling

Jolene Cleaver
Staff writer
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Posted 1/14/22

Action on a local defamation case that made news headlines over the last couple of years continues with an appeal process. The case centers on David Gordon, a former Oneida County legislator, …

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Gordon appeals judge’s ruling

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Action on a local defamation case that made news headlines over the last couple of years continues with an appeal process. The case centers on David Gordon, a former Oneida County legislator, 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, Judge Scott DelConte, addressed Gordon’s original accusations in a written decision, “Based on the evidentiary record before this Court: McCann did not have an affair with Oneida County Executive Anthony Picente; McCann did not receive a 20% pay raise while she worked for Oneida County; McCann has never been pregnant.”

DelConte also wrote that there was a bench trial in the matter that Gordon never attended. Ultimately, DelConte ordered Gordon to pay $394,416.10 in damages. Since then court action has continued. In the latest case action, a Jan. 3, 2022 appeal was filed in the state Appellate Division, 4th Department by Gordon seeking to overturn DelConte’s judgment.

“This appeal is filed contesting the order, decision and judgement rendered in Oneida County, Supreme Court, 5th JD … absent the defenses of the Defendant at an unannounced/ unknown/ secret sanctions hearing that was held on June 7th 2021, in which the court had waived the defendant’s right to proceed in person and had given no advance notice of said hearing. Defendant wishes the appellate court to overturn this decision….,” court papers read.

The argument continues, “The Defendant could not possibly be in court for a hearing and remote as a witness-only in the same related case at the same time.

Additional action on this latest appeal is expected in 2023.

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