SUPREME COURT : COUNTY OF CHAUTAUQUA

_____________________________________________

CHARLES FEMLEY

and CAROLE FEMLEY

Plaintiffs,

vs Index #H-10895

FIDEL ROLDAN RAMOS

Defendant.

_____________________________________________

LIPSITZ, GREEN, FAHRINGER, ROLL

SALISBURY & CAMBRIA, LLP

(Laraine Kelley, Esq.

of Counsel) for Plaintiffs

BROWN & TARANTINO

(Albert J. D'Aquino, Esq.

of Counsel) for Defendant

DECISION and ORDER

GERACE, J.

Defendant moves for a change of venue because of

the publicity given by local media to the suspension of

defendant's medical license.

Plaintiff opposes the motion because of the

physical inconvenience and difficulty to plaintiff, an

amputee, to travel to Erie County for his trial and

pretrial proceedings. In fact, it is this very

condition that plaintiff alleges was caused by

defendant's actions.

In a close call, the Court granted such a motion a

year ago in the case of Beaujean vs. Ramos, Index No.

H-04816. The situation is not as sensitive, now.

Nearly a year has elapsed since the publicity.

Moreover, if negative publicity alone would be

grounds for a change of venue, nearly all well

publicized criminal cases would meet that threshold.

There is not a sufficient showing that an impartial

trial cannot be had in this County or that potential

prejudice cannot be controlled by the trial court. See

KrupkavCountyofWestchester, 553 NY2d 777 (2nd Dept,

1990)

It would be unjust to put the plaintiff to

unnecessary inconvenience when the alleged actions of

the defendant caused his suspension and the resulting

publicity.

The Motion is denied, without prejudice, should

additional evidence of impartiality or potential bias

surface.

THIS IS THE DECISION AND ORDER OF THIS COURT. NO

FURTHER ORDER SHALL BE NECESSARY.

Dated: January , 1996

Mayville, New York

______________________________

JOSEPH GERACE

Supreme Court Justice

To all Counsel:

Please take notice that a DECISION and ORDER of

which the within is a copy, is duly granted in the above

entitled action on the day of , 1996, and

duly entered in the office of the Clerk of the County of

Chautauqua on the same date.