People v. Baumann & Sons Buses, Inc.

7 Misc.3d 128(A) (App. Term. 2005), appeal dismissed 6 N.Y.3d 404 (2006).  We successfully defended our client school bus transportation company against charges that the alleged idling of school buses at its bus yard had violated anti-noise statutes and caused a public nuisance in the Town of Islip.  The appellate court agreed with us that the accusatory instrument was defective because it failed to allege the public nature of the nuisance, and accordingly reversed the bus company’s conviction.  The Town appealed the ruling to the Court of Appeals, and we successfully argued that the appeal had to be dismissed because the Court of Appeals lacked jurisdiction to hear the appeal.