The Appellate Division, First Department, has declined to reconsider a decision it made two months ago when it refused to remove Manhattan Supreme Court Justice Charles Ramos from the civil fraud case of former AIG executives Maurice “Hank” Greenberg and Howard Smith. The defendants have claimed Ramos, in his pretrial rulings and courtroom comments, had revealed bias and sought his removal from People v. Greenberg, 401720/05.
After Ramos refused to recuse himself, the defendants appealed to the First Department. And after the First Department in February declined to remove Ramos, the defendants asked the court to reconsider. But in a brief order Tuesday, the court denied the motion for reargument and declined to grant leave to the Court of Appeals.
Greenberg and Smith are accused civilly of approving reinsurance transactions designed to obscure the financial picture of American International Group. The case has been pending for nine years.
Meanwhile, Ramos is slated to hear oral arguments April 29 on a defense motion for summary judgment.
David Boies of Boies, Schiller & Flexner said in a statement that if the motion for summary judgment is granted, it would bring “this nine-year old action to a long overdue conclusion.”
Matt Mittenthal, a spokesman for Attorney General Eric Schneiderman, said the office is “pleased that Mr. Greenberg’s most recent delay tactic has been thwarted, and we look forward to holding Mr. Greenberg accountable for his alleged fraud.”
Smith is represented by Vincent Sama of Kaye Scholer. Assistant Attorney General David Ellenhorn is the lead prosecutor.