Here is a direct link to the Complaint filed on behalf pf the plaintiffs with the State of New York County of Erie Clerk's Office by Attorney Terrence Connors. It's well worth reading. I am not an attorney, but having taken a college level journalism class in legal reporting and having friends who are seasoned attorneys, I've learned that in the New York state court system the Supreme Court is the first level of adjudication. This is sometimes confusing because the term "Supreme Court" is often associated with the highest court in the United States.
In New York State appeals of decisions handed down by a supreme court (or other primary levels courts such as county or city court) are channeled upstream to the appellate division. There are four "departments" which handle the first level of appeals. The Fourth Department based in Rochester adjudicates appeals for most counties in Western New York.
The highest appeals court in the state is the New York State Court of Appeals in Albany. It is the final word on all legal decisions made by lower courts in New York State. Appeals courts generally do not adjudicate the law, per se. Instead, they rule on matters such as whether a party had standing, errors in rulings made by judges or representations of attorneys during a previous trial, or interpretations and applications of the law made by a lower court.
At this writing the Bauerle suit is a civil suit. If decided by legal authorities, it may become a criminal matter but this case is not at that stage because the suit can be resolved by the parties involved. If not resolved, it may ... may ... become a criminal case. Much will depend on information derived from the defendant and plaintiffs in pre-trial depositions, and the ruling of the court should this case go to trial. Information derived from a deposition may be submitted to the Erie County District Attorney ("DA") for review. The DA may, at his discretion, present the information to a grand jury which may or may not decide to hand down an indictment. There is a lot of ground to be covered before this matter moves from a civil case to a criminal case. The gears of justice grind slowly but efficiently.
