Emilio L. Colaiacovo
How Judge Colaiacovo rules, drawn from 33 signed orders. Every observation links to the order it came from.
About Judge Colaiacovo
Emilio Colaiacovo was elected to the New York State Supreme Court in 2015. Before taking the bench, he practiced law in Buffalo and served as managing partner of Bouvier Partnership. He earned a Bachelor of Arts from Mercyhurst University and a law degree from the State University of New York at Buffalo School of Law.
Judge Colaiacovo's practices and standing orders
Rules for cases before Judge Colaiacovo, as published on the court's website (checked October 11, 2026). Judges revise these often, so confirm the current version on the court's site before you file.
Key rules
Motions
Provide chambers hard copies of motion papers two weeks before oral argument.
“Counsel is to provide chambers a hard copy of all motion papers two weeks prior to oral argument.”
Motions
Motion arguments are in person unless the court approves otherwise.
“All motion arguments are in person, unless otherwise approved by the Court.”
Trial
Trial adjournments require compelling circumstances.
“adjournments of a trial require a showing of compelling circumstances.”
How Judge Colaiacovo decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In People v. PepsiCo, Inc., he dismissed a public-nuisance theory because the plaintiff had not shown that the product at issue was defective or unlawful.
“Essential to demonstrating the viability of a public nuisance claim is to show that the product in question is defective or unlawful. Plaintiff has failed to demonstrate either.”
In Matter of the Campaign for Buffalo History Architecture & Culture, Inc. v. City of Buffalo, Judge Colaiacovo deferred a preliminary injunction over an emergency demolition because conclusory affidavits did not provide a sufficiently developed record.
“The affidavits supplied by the parties are conclusory in nature, often resorting to highly-nuanced statements that mirror the necessary statutory language supporting the demolition. As such, a more developed record is necessary before the Court can entertain the injunctive relief Petitioner seeks.”
In Osika, Judge Colaiacovo denied the nursing home defendants’ motion to compel arbitration because the resident could not sign the agreement and her daughter lacked legal authority to bind her when she signed it.
“Based on the facts before the Court, it is apparent to the Court that Ms. Lauria was unable to sign the arbitration agreement and that Ms. Osika did not have the legal authority to bind Ms. Lauria to the terms of the arbitration agreement when she signed it on September 15, 2014.”
Procedural preferences
In Matter of Lavell v. Jaeger, he rejected a proposed resignation or two-year waiting requirement because the Term Limits Law contained neither requirement.
“The Term Limits Law makes no reference to any requirement suggested by Petitioner that Respondent-Candidate resign first before running or take a respite of two years before seeking another public office.”
In Matter of Cooper (Roswell Park Comprehensive Cancer Center), he vacated an arbitration award on public-policy and irrationality grounds. The Fourth Department reversed, finding the required heavy burden for vacatur unmet.
“the court concluded that the arbitrator's award violated public policy, that it was irrational, and that vacatur was in the interest of justice”
Cautions
A denial of a forum-selection-clause motion to dismiss in a commercial breach-of-contract case was unanimously REVERSED on appeal, with the Fourth Department holding the contractual Arizona forum-selection clause was prima facie enforceable and that the plaintiff's public-policy argument was really a mislabeled choice-of-law objection: a litigant relying on the trial-level denial should know it did not survive appellate review.
“It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.”
In Mazurkiewicz v. Mercy Hospital of Buffalo, the appellate court modified Colaiacovo's summary-judgment ruling by denying Dr. Billings's motion and reinstating the malpractice complaint against him.
“modified on the law by denying the motion of defendant Nathaniel P. Billings, M.D. and reinstating the complaint against him”
A partial denial of a motion to dismiss in a Chautauqua County option-agreement dispute was REVERSED into a full dismissal on appeal, where the Fourth Department found the option agreement unambiguous and already expired: a reminder that even an out-of-county assignment ruling favorable to a non-movant is not necessarily the final word.
“reversed on the law without costs, the motion is granted in its entirety, and the complaint is dismissed”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered September 1, 2023. The order denied the motion of defendant to dismiss the complaint. ... It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.”
“The order denied the motion of defendant Deborah A. Buczek to strike plaintiff's notice of entry and granted plaintiff's cross-motion to confirm the Referee's Report and for a judgment of foreclosure and sale.”
“As such, defendants' motion to dismiss these causes of action is hereby granted. ... For the foregoing reasons, the motion is hereby granted in its entirety and the complaint is dismissed.”
“Based on the foregoing, the Respondent's motion to dismiss the 2016 and 2017 petitions is hereby GRANTED.”
“Furthermore, the Petitioner's motion for summary judgment and to amend the case caption is hereby DENIED.”
“The order, insofar as appealed from, denied in part the motion of defendant for summary judgment.”
“The order granted the motions of defendants insofar as they sought to dismiss the complaint.”
“Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered August 1, 2023. The order denied defendants' motion to dismiss plaintiff's complaint. ... It is hereby ordered that the order so appealed from is modified on the law by granting the motion in part and dismissing the second and third causes of action, and as modified the order is affirmed without costs.”
“The plaintiffs' petition/complaint and amended petitions/complaints are hereby DISMISSED.”
“Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered September 23, 2024, in a medical malpractice action. The order, among other things, granted the motion of defendant Nathaniel P. Billings, M.D. for summary judgment dismissing the complaint against him. ... modified on the law by denying the motion of defendant Nathaniel P. Billings, M.D. and reinstating the complaint against him, and as modified the order is affirmed without costs.”
“Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered July 27, 2022. The order denied the motion of defendants for summary judgment dismissing the complaint. ... unanimously modified on the law by granting the motion in part and dismissing the complaint insofar as it seeks damages for loss of profits/business, and as modified the order is affirmed without costs.”
“Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered March 10, 2021. The order and judgment, among other things, granted plaintiff's motion for, inter alia, partial summary judgment. ... modified on the law by granting the motion of the remaining defendants-appellants in part and dismissing the second cause of action against those defendants-appellants and as modified the order and judgment is affirmed without costs.”
“Appeal from an order of the Supreme Court, Erie County (Emilio L. Colaiacovo, J.), entered February 4, 2019. The order, among other things, denied the petition insofar as it sought a permanent stay of arbitration. ... It is hereby ordered that the order so appealed from is unanimously affirmed without costs.”
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