What did the appellate court decide?

The appellate court affirmed the trial court's denial of the plaintiff's request to amend his complaint and denied the appeal.

Who is affected by this decision?

Plaintiff Jeremiah Smith is affected because he remains unable to amend his complaint; the City of Buffalo and its police department remain as defendants without the proposed amendments.

What does this mean for the case going forward?

Because the denial to amend was affirmed, the plaintiff must proceed with the existing complaint as it stands or consider other available post-judgment remedies if any exist.

Can this decision be appealed further?

A further appeal to New York's Court of Appeals may be possible only if leave to appeal is granted and if the case meets that court's jurisdictional requirements; such appeals are discretionary and not guaranteed.

Smith v. City of Buffalo

Docket 352 CA 24-01986

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilAffirmed

Filed: Apr 24, 2026 · 1 week ago
Jurisdiction: New York
Court: Appellate Division of the Supreme Court of the State of New York
Type: Opinion
Case type: Civil
Disposition: Affirmed
Citation: 2026 NY Slip Op 02571
Docket: 352 CA 24-01986

Appeal from an order denying plaintiff's motion for leave to amend the complaint in a civil action against the City and its police department.

Summary

The Appellate Division, Fourth Department, unanimously affirmed a lower court order denying plaintiff Jeremiah Smith's motion for leave to amend his complaint against the City of Buffalo, its police department, and unnamed officers. The appeal challenged Supreme Court (Erie County)'s November 12, 2024 decision refusing permission to amend, but the appellate court found no reversible error and denied relief. The appellate decision is brief and affirms the trial court's exercise of discretion without further elaboration in the slip opinion.

Issue Decided

Whether the Supreme Court abused its discretion in denying plaintiff's motion for leave to amend the complaint.

Court's Reasoning

The Appellate Division reviewed the trial court's denial of leave to amend for abuse of discretion and concluded there was none. Because the slip opinion affirms without commentary, the appellate court implicitly found the lower court properly applied the standards governing amendment motions and that the plaintiff failed to show entitlement to amend in a way that would justify reversal.

Parties

Plaintiff: Jeremiah Smith
Appellant: Jeremiah Smith
Defendant: City of Buffalo
Defendant: City of Buffalo Police Department
Defendant: John Does 1-10
Attorney: Ron F. Wright
Attorney: David M. Lee
Judge: Edward Pace
Judge: Whalen, P.J.
Judge: Curran, J.
Judge: Ogden, J.
Judge: Nowak, J.
Judge: Delconte, J.

Key Dates

Appellate decision date: 2026-04-24
Supreme Court order date: 2024-11-12

What You Should Do Next

1
Consult appellate counsel about further review
If the plaintiff wishes to pursue further appellate review, he should promptly consult counsel about seeking leave to appeal to the Court of Appeals and assessing whether the case presents an issue that court will accept.
2
Proceed with existing complaint
Unless further appellate relief is obtained, the plaintiff should continue litigating under the current complaint and prepare for any remaining pretrial or trial deadlines.
3
Evaluate alternative remedies
Consider whether there are procedural or substantive motions in the trial court (for example, reconsideration) or settlement discussions that could address the plaintiff's objectives without further amendments.

Frequently Asked Questions

What did the appellate court decide?: The appellate court affirmed the trial court's denial of the plaintiff's request to amend his complaint and denied the appeal.
Who is affected by this decision?: Plaintiff Jeremiah Smith is affected because he remains unable to amend his complaint; the City of Buffalo and its police department remain as defendants without the proposed amendments.
What does this mean for the case going forward?: Because the denial to amend was affirmed, the plaintiff must proceed with the existing complaint as it stands or consider other available post-judgment remedies if any exist.
Can this decision be appealed further?: A further appeal to New York's Court of Appeals may be possible only if leave to appeal is granted and if the case meets that court's jurisdictional requirements; such appeals are discretionary and not guaranteed.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

Smith v City of Buffalo - 2026 NY Slip Op 02571

Smith v City of Buffalo

2026 NY Slip Op 02571

April 24, 2026

Appellate Division, Fourth Department

JEREMIAH SMITH, PLAINTIFF-APPELLANT,

v

CITY OF BUFFALO, CITY OF BUFFALO POLICE DEPARTMENT, AND JOHN DOES 1-10, DEFENDANTS-RESPONDENTS.

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

Decided on April 24, 2026

352 CA 24-01986

Present: Whalen, P.J., Curran, Ogden, Nowak, And Delconte, JJ.

HORN WRIGHT, LLP, BUFFALO (RON F. WRIGHT OF COUNSEL), FOR PLAINTIFF-APPELLANT.

ROBERT E. QUINN, ACTING CORPORATION COUNSEL, BUFFALO (DAVID M. LEE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (Edward Pace, J.), entered November 12, 2024. The order denied the motion of plaintiff for leave to amend the complaint.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: April 24, 2026

Ann Dillon Flynn