I wrote on this blog that the disciplinary prosecutor out of the Appellate Division 4th Department Mary Gasparini filed a "motion" for CRIMINAL contempt of court within my CIVIL disciplinary action for allegedly revealing records sealed by order of the New York State Appellate Division 4th Judicial Department.
Even though the order was sealed - until Mary Gasparini filed criminal charges against me and made that order an exhibit in those charges - now it is a matter of public record as a matter of law, because, ladies and gentlemen, one thing we definitely do not have in New York is secret criminal proceedings.
So, here is the order.
Note the names of judges. One of them, Eugene Fahey, was recently nominated by Governor Cuomo to the highest court of this state, the New York State Court of Appeals.
Below please see the table of exhibits from two motions - my cross-motion to dismiss my disciplinary proceedings, raising constitutional questions, denied without reasoning or explanation by the 4th Department, including Judge Fahey, and the motion to vacate, renew and reargue that denial without reasoning, a motion made as of right.
Please, note the following issues in the December 17, 2014 order, unsealed thanks to Ms. Gasparini's unlawful efforts to start criminal proceedings against me within a civil action and to put me into the Monroe County jail in retaliation for pointing out Ms. Gasparini stipudity, incompetence and moral degradation:
(1) the order once again denies my motion without a reasoning - a good answer to a motion to actually give a reasoned decision for the denial of the previous motion, with over 100 exhibits;
(2) the order seals itself, and the motions and papers upon which it was made, based exclusively on Judiciary Law 90(10), a confidentiality statute enacted exclusively to protect the privacy of attorneys who are subject of the disciplinary proceedings, and nothing and nobody else - since the same records are immediately unsealed once an attorney is publicly disciplined;
(3) the order imposes and anti-filing injunction upon me, without a notice, an opportunity to be heard on that issue of access to court, and, once again, without any explanation.
So - a secret proceeding where the law does not apply and the court does not owe you any explanation as to why it is denying you relief guaranteed by the U.S. and State Constitution. There is a definition for such a court. A Star Chamber.
This particular Star Chamber, though, has a judge who is heading towards the highest court in this state.
Below is the table of only those exhibits from my cross-motion and motion to vacate, renew and reargue (which remain sealed) that are STILL IN PUBLIC ACCESS.
Think about the rage, stupidity, incompetence and moral degradation of judges - who rule your lives, ladies and gentlemen of the State of New York - who purported to "seal" public records from federal courts, from other state courts in pending and closed proceedings, information from the court's own website, information from other courts' websites, attorney advertisements on attorneys' own webpages, stories published by various journalists and sources on the Internet.
It is apparent that a SANE individual, moreover, a judge with any scintilla of competence and integrity, will not be able to say that he or she is SEALING a document which is IN OPEN ACCESS and remains in open access, and to do that without notifying custodians of the now sealed open-access document.
Such an INSANE order can mean only one thing - the Appellate Division 4th Department, entrusted to make a decision about my reputation and livelihood, DID NOT READ my cross-motion and exhibits because - well - there were simply too many of them, and judges did not have time for this silliness, to review somebody's arguments protecting a livelihood of a civil rights attorney, a criminal defense attorney and a mother of a minor child.
If the court (Judge Eugene Fahey included) did not read my motions and exhibits which is obvious from the sheer STIPUDITY of the December 17, 2014 decision sealing documents that continue to be in open access in various places all over the web and in different state and federal courts, and the 4th Department definitely has no authority to seal documents within the Appellate Division 3rd Department or federal courts - but WHO CARES, right?
Since it can readily be established that the 4th Department panel of judges including the nominee to the New York State Court of Appeals Eugene Fahey did not read my motions and exhibits, what is the basis of their decision denying my motion? What is the basis of their decision imposing upon me an anti-filing injunction? My blog criticizing judicial misconduct?
Think about it: how much should a judge
- drink;
- snort;
- forget his oath of office;
- forget every law in the book;
- be lazy and not read the motion he is deciding;
- be stupid;
- be crazy;
- be bribed;
- hope for a career advancement as a quid pro quo from a person with power;
- all of the above;
- any combination above;
Motion
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Exhibit
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Name of document in the exhibit
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Where can you look at this "sealed" document in
open access NOW
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Motion to vacate, renew and reargue my cross-motion
denied by decision of September 30, 2014 (decision is still sealed)
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Exhibit 3
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Decision by federal court to remand my disciplinary
proceedings to state court, Peters v. Neroni, 3:13-cv-00180-NAM-DEP
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Pacer.gov, open access to the public
A state court has no authority to seal documents on file
and in open access with a federal court
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Exhibit 5
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Appellate decision in Mokay v. Mokay (see my blogs the "Mokay
saga", and the most recent blogs here and here
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4th Dept has no authority to seal documents from another appellate court
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Exhibit 6
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Order of disbarment of my husband Frederick J. Neroni
(Mr. Neroni was not part of my disciplinary proceedings and was not put on
notice that his order of disbarment, a public document, was now
"sealed"
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4th Dept has no authority to seal documents from another
appellate court
|
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Exhibit 7
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Affidavit of Bobette Morin in the federal case Morin v. Tormey (Chief
Administrative Judge for the 5th Judicial District)
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Pacer.gov
State courts have no authority to seal documents on file with federal
courts
|
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Exhibit 8
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The list of members of the Attorney Grievance Committee,
NYS Appellate Division 4th Department
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The webpage of the Appellate Division 4th Department, the
page is still there,
in open access to the public
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Exhibit 9
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Printout from the web page of NYS Onondaga County Family Court showing
that a member of the disciplinary Committee David Primo is the employee of
Judge Tormey
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The web page is still there,
in open access to the public
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Exhibit 10
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Printout from the web page of NYS Onondaga County Supreme
Court showing that yet another member of the disciplinary committee is a
subordinate of Judge Tormey
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The page is still available and in public access here
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Exhibit 11
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A news release that the judge who is now appointed a referee in my
disciplinary proceeding, Wayne County Judge Stephen R. Sirkin (referees can
only be retired Supreme Court judges by law) is retiring
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The webpage is still in open access to the public here
|
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My cross-motion to dismiss my disciplinary proceedings,
raising constitutional questions (denied without an explanation by a decision
and order of September 30, 2014, now "sealed" pursuant to Judiciary
Law 90(10))
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Exhibit 1
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Notice of Appeal in Neroni v. Follender, Delaware County
Index No. 2013-331
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In public access in Delaware County Clerk's Office,
available to look at in hard copy and on the computer by anyone without any
restrictions
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Internal exhibit
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Signout sheets in the Delaware County Courthouse showing that Judge
Tormey never signed out the court files to look at them in Neroni v.
Follender
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Obtainable through FOIL if not in public access (a new signout sheet
could be started in 2015)
|
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Internal exhibit
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Order of August 10, 2011 in M & C Brothers, Inc. v.
Torum, Delaware County Index No. 2007-280
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In public access in Delaware County Clerk's Office,
available to look at in hard copy and on the computer by anyone without any
restrictions
|
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Internal exhibit
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Administrative order signed by Karen Peters, Chief Judge of NYS
Appellate Division 3rd Department, Henry J. Scudder, Chief Judge of Appellate
Division 4th Department, Michael Coccoma, Chief Administrative Judge of
upstate New York, assigning Judge Tormey to a case where I am a party (and
from which Judge Tormey recused).
The order has a stamp – "RECEIVED, Dec – 2 2013)
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In public access in Delaware County Clerk's Office, available to look at
in hard copy and on the computer by anyone without any restrictions
|
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Internal exhibit
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Administrative order signed by Chief Administrative Judge
of the State of New York A. Gail Prudenti reassigning to the same case as
above instead of Judge Tormey (the Chief Administrative Judge of the 5th
Judicial District) Judge Robert C. Mulvey, the Chief Administrative Judge of
the 6th Judicial District.
The order is dated December 18, 2013
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In public access in Delaware County Clerk's Office,
available to look at in hard copy and on the computer by anyone without any
restrictions
|
|
Internal exhibit
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Letter of Judge Tormey to me in the case Neroni v. Follender, Delaware
County Index No. 2013-331 dated January 27, 2014 denying me an extension of
time to file a motion to vacate, renew and reargue and to file an appeal
(when I got sick and was on a sick leave for 2 months)
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In public access in Delaware County Clerk's Office, available to look at
in hard copy and on the computer by anyone without any restrictions
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Exhibit 2
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Copy of the fraudulent Charge I Specification I in my
disciplinary petition (now purportedly withdrawn by my disciplinary
prosecutor, after I sued her)
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Available on Pacer.gov, through Peters v. Neroni, in the
records of the U.S. District Court for the Northern District of New York,
U.S. Court of Appeals for the 2nd Circuit
|
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Exhibit 3
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My letter of March 19, 2013 to Steven D. Zayas, attorney of 3rd
Department Disciplinary Committee (who since resigned amid investigation into
filing false time sheets) notifying Mr. Zayas that Charge I Specification I
is false and of other mistakes in the disciplinary petition
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The letter is pertaining to a federal case Peters v. Neroni,
3:13-cv-00180-NAM-DEP, and the state court had no right to seal it, the
letter is also on Pacer.gov
|
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Internal exhibit
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Affirmation of service and Order to Show Cause and
Supporting Attorney Affirmation in the same case M & C Brothers, Inc. v.
Torum, Delaware County Index No. 2007-280 showing that the motion that I am
charged with not opposing was made in December of 2008 (I was admitted to the
bar in 2009); Transcript of the deposition on 9/15/2008 in M & C
Brothers, Inc. v. Torum, Delaware County Index No. 2007-280, showing that
Charge I Specification I charges me with NOT committing a crime of practicing
law without a license
(that I was not admitted to the bar in 2008 when I was
"supposed" to "appear as an attorney" at a deposition
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In public access in Delaware County Clerk's Office,
available to look at in hard copy and on the computer by anyone without any
restrictions
|
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Exhibit 4
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My own attorney registration information on the website of the New York
State Court Administration
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Still available on the same website as of today, January 31, 2015
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Exhibit 6
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International Covenant for Civil and Political Rights, case
Gryb v. Belarus, Communication No. 1316/2004 – showing that litigants out of
Belarus are afforded to sue their country for human rights violations in the
UN while litigants in the United States do not have such a right
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Still on the United Nations website,
probably, they were not notified by the 4th Department of their decision to
seal that document, I will have to notify them
|
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Exhibit 7
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The decision of the European Court for Human Rights: Igor Kabanov v.
Russia
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Still available on the court's website here
|
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Exhibit 8
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An article by Iran Human Rights organization showing that
Iranian lawyers consider regulation of its profession by courts as
interference with their profession's independence
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Iranian
lawyers obviously do not know about the 4th Department's sealing order,
because the article is still on the Internet, where it was before
|
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Exhibit 9
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List of European member countries
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Still
on the website of European Union
|
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Exhibit 10
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Letter from Judge Mulvey to me saying that filing a
Notice of Claim against a judge or suing a judge is not a basis for the judge
to recuse, dated May 3, 2011
Summons and Verified Complaint in Alecia Bracci, Tatiana
Neroni, Frederick J. Neroni v. Carl F. Becker, Delaware County Index No.
2011-714
Administrative order of assignment to the lawsuit against
Becker of Judge Tormey, signed by Chief Judge of the 4th Department Chief
Judge Henry J. Scudder and Chief Administrative Judge for upstate New York
Michael Coccoma
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The letter is on file with and is available through
Freedom of Information Law from:
Judge Robert Mulvey, Chief Administrative Judge, NYS
Supreme Court, 6th Judicial District
Judge Michael V. Coccoma, Chief Administrative judge of
upstate New York
Kelly A. Sanfilippo, Chief Clerk, Delaware County Surpeme
& County Court
Lori L. Metzko, Chief Clerk, Delaware County Family Court
Carl F. Becker, Delaware County Judge
The lawsuit is available from Delaware County Clerk, hard
copy and on the computer
On file with the Delaware County Supreme Clerk and County
Clerk
And with the following individuals:
Judge Henry J. Scudder
Judge Anthony V. Cardone (3rd Department, the judge is
now deceased, but the letter is on file with the court)
Thomas E. Mercure (3rd Department)
James Tormey
Michael Klein, Esq.
Karen Ambrozik
Maria Barrington
Haydee Marrero, USC Executive Offices, NYC
Since it is an administrative order, it is available
through FOIL request from the above individuals and courts
|
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Exhibit 11
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Court minutes and decision by Judge Tormey dismissing the case Bracci v.
Becker, Delaware County Index No. 2011-714 on the basis of absolute judicial
immunity, even for malicious and corrupt acts on the bench
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In public access in Delaware County Clerk's Office, available to look at
in hard copy and on the computer by anyone without any restrictions
|
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Exhibit 12
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Barbara O'Sullivan's affidavit of service of the lawsuit
in Bracci v. Becker
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In public access in Delaware County Clerk's Office, available
to look at in hard copy and on the computer by anyone without any
restrictions
|
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Exhibit 13
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Electronic notification to me by the U.S. District Court for the
Northern District of New York (federal court) confirming the electronic
filing of a federal civil rights lawsuit against Judge Carl Becker,
12/19/2011 at 3:26 pm, Bracci et al v. Becker et al, 1:11-cv-01473-MAD-RFT
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Still on PACER.GOV and on file with the federal court
|
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Exhibit 14
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The election campaign flyer that Judge Becker sent to my
home during his 2012 elections
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The flyer is on file with the U.S. District Court for the
Northern District of New York and in open access on PACER
|
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Exhibit 15
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Response to my FOIL request by the Delaware County Board of Elections
dated August 17, 2010 stating that the Board of Elections, as of August 17,
2010, did not have on file original petitions or ballots from the 2002
elections for Judge Becker (Judge Becker's sanctions were imposed upon me
within the 10 years that he was on the bench when he could not provide a
valid certificate of elections. The
one on file contains a certification made at the time when underlying
original documents from which certification was supposed to be made are gone)
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The response is still available on FOIL from the Delaware County Board
of Elections, and was filed as part of motions in Delaware County Supreme
Court, Delaware County Family Court and U.S. District Court for the Northern
District of New York
|
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Exhibit 16
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Certification of the Record on Appeal in the case out of
Delaware County Supreme Court Shields v. Carbone by the then Delaware County
Attorney Richard Spinney
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In public access in Delaware County Clerk's Office,
available to look at in hard copy and on the computer by anyone without any
restrictions
|
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Exhibit 18
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Decision dated December 16, 2011 in Mokay v. Mokay, Delaware County
Index No. 2007-695
|
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Exhibit 19
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The certificate of elections by Delaware County Board of
Elections for Judge Becker's 2002 elections filed on March 21, 2011 (after my motion to vacate
his decisions because he is not a rightfully elected judge), and after the
Board of Election answered to me on August 17, 2010 in response to my FOIL request,
that they do not have original petitions or ballots (so they did not have any
documents to provide a proper certification)
|
In public access in Delaware County Clerk's Office,
available to look at in hard copy and on the computer by anyone without any
restrictions
|
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Exhibit 20
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Order in the DEC case, November 17, 2011 that I wrote about in the case
where Governor Cuomo offered nomination to Judge Leslie Stein while she was
deciding an appeal from this case in October of 2014
|
In public access in Delaware County Clerk's Office, available to look at
in hard copy and on the computer by anyone without any restrictions,
Appellate Division 3rd Judicial Department and the New York State Court of
Appeals
|
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Exhibit 21
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Order of the NYS Department of Environmental Conservation
regarding my husband Frederick J.
Neroni and is part of the controversy with appearance of bribery of Judge
Stein by Governor Cuomo while Judge Stein by nominating her to the NYS Court
of Appeals while she was reviewing and deciding an appeal from this case
(enforced in Delaware County Court by the also sealed order of Judge Becker
of November 17, 2011 – Exhibit 20 above)
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It is on the
website of the Department of Environmental conservation
|
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Exhibit 22
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My letter to federal judge Mae D'Agostino filed in the federal case
Bracci v. Becker, 1:11-cv-01473-MAD-RFT asking to adjourn determination of
the case pending the resolution of the related case in Pennsylvania
Administrative Decision vacating the indicated report against Alecia
Bracci filed with the U.S. District Court for the Northern District of New
York on 9/17/12 in Bracci v. Becker, 1:11-cv-01473-MAD-RFT
Order of Custody by the Pennsylvania court
Affirmation of Alecia Bracci in the federal case filed with the U.S.
District Court for the Northern District of New York on 9/17/12 in Bracci v.
Becker, 1:11-cv-01473-MAD-RFT
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On Pacer.gov
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Exhibit 23
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Biography of Judge Carl F. Becker on the website of the
New York State Court Administration
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Still there today, in
public access
|
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Exhibit 26
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Affidavit of my husband Frederick J. Neroni filed on 9/17/12 in Bracci
v. Becker, 1:11-cv-01473-MAD-RFT
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Pacer.gov
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Exhibit 27
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The State of the Judiciary address by New York State
Chief Judge Jonathan Lippman "Let Justice Be Done" regarding, among
other things, the need to allow cameras into the courtroom
The address by Judge Lippman ends with this paragraph:
"I look forward to re-opening a robust public dialogue on camera
coverage of court proceedings and to working with our partners in government
to achieve enactment of cameras in the courts legislation. In the year 2013, with all the wonders of
modern technology, there is no excuse for not making court proceedings fully
accessible to the public".
Now the robust dialogue is prohibited by Judge Fahey who
sealed this address by a court order of December 17, 2014
A CBS newspaper
article "N.Y. Court of Appeals Chief Judge Calls for Return of Cameras to
Courts"
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The address is still on the web
Still on the web,
but I will notify them of the sealing court order
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Exhibit 28
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The deed from Judge Carl F. Becker and his wife Christine Becker to
attorney John L. Hubbard (who is "coincidentally" a Chief Assistant
District Attorney of Delaware County who has been regularly appearing in
front of Judge Becker for an eternity), for the sale of Judge Becker's law
office building (and practice?) to John Hubbard
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In public access in Delaware County Clerk's Office, available to look at
in hard copy and on the computer by anyone without any restrictions
|
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Exhibit 29
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Affidavit of my husband Frederick J. Neroni filed on
08/06/12 in the U.S. District Court for the Northern District of New York in
a case Neroni v. Becker, 3:12-cv-01226-GLS-DEP
Uniform Rules of N.Y.S. Trial Courts, Part 207. Uniform Rules of the Surrogate's Court,
copy filed on 08/06/12 in the U.S. District Court for the Northern District
of New York in a case Neroni v. Becker, 3:12-cv-01226-GLS-DEP
My own affidavit filed on 08/06/12 in the U.S. District Court
for the Northern District of New York in a case Neroni v. Becker,
3:12-cv-01226-GLS-DEP
My attorney affirmation filed on 9/17/12 in Bracci v.
Becker, 1:11-cv-01473-MAD-RFT
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Pacer.gov
Still on the web page of the
New York State Court Administration, and on Pacer.gov in Neroni v. Becker
Pacer.gov
Pacer.gov
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Exhibit 30
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Verification page of the disciplinary petition against me, verified
under oath by then Chief Attorney for the Professional Conduct Committee,
Appellate Division 3rd Judicial Department Peter Torncello, filed on
2/18/2013 in the U.S. District Court for the Northern District of New York in
a case Peters v. Neroni, 3:13-cv-00180-NAM-DEP
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Pacer.gov
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Exhibit 32
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Verified Complaint Barbara O'Sullivan v. Mary Bracci
Hallock (Judge Becker's former client before Judge Becker came to the bench
in 2002), Stephen Bracci, Peter Bracci, Countryside Care Center, Oneonta Fox
Hospital, Delaware County Index No. 2010-1410
Affidavits of service in this lawsuit
Notice of Appearance on behalf of defendants by then
Assistant Delaware County Attorney (now County Attorney) Porter L. Kirkwood
who represented three private clients during County-paid time
Affidavit of service of the Notice of Appearance by
Porter Kirkwood
Verified Answer by Mary Bracci
Verified Answer by Peter Bracci (Delhi Town
Supervisor, Supervisor of Social
Services on the Delaware County Board of Supervisors at the time of the
lawsuit). Barbara O'Sullivan is his
sister and the lawsuit was against him for allegations of wrongful death of
their father and allegations of looting their father's estate.
Order of Judge Becker that Barbara O'Sullivan lacks
capacity to sue (while such an affirmative defense was not raised in the
answers and was thus waived).
|
In public access in Delaware County Clerk's Office,
available to look at in hard copy and on the computer by anyone without any
restrictions
|
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Exhibit 33
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A printout from the LinkedIn public page of Alison Melinda Coan,
attorney for the Professional Conduct Committee, New York State Appellate
Division 3rd Judicial Department
|
The page is still
there
|
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Exhibit 34
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A printout from the viewing logs on LinkedIn showing that
Alyson Melinda Coan viewed my LinkedIn page at the time she was making a
motion for a summary judgment in my disciplinary case. My linkedIn page contained references to my
blogs with political statements
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The logs are still business records of LinkedIn
|
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Exhibit 36
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A newspaper article by Albany Times Union "Oversight Lawyers quit
amid inquiry" about resignation of three attorneys from Professional
Conduct Committee of the 3rd Department, including Peter Torncello and Stephen
D. Zayas involved in prosecuting me, amid allegations of filing false
time-sheets
4th Department sealed a blogpost by a suspended attorney Leon Koziol
from whose disciplinary case that same court has actually recused
|
The article is still on
the web
Mr. Koziol's blogpost
is still there
|
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Exhibit 40
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Charge IV in my disciplinary petition filed on 2/18/2013
with the federal U.S. District Court for the Northern District of New York in
Peters v. Neroni, 3:13-cv-00180-NAM-DEP
The charge fraudulently charged me in January of 2013 for
not paying sanctions which were put into the court escrow during appeal in
August of 2011
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Pacer.gov
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Exhibit 41
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A printout of notification of my husband's Pro Se federal lawsuit Neroni
v. Coccoma, 3:2013-cv-01340 in the U.S. District Court for the Northern
District of New York
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The notification is still on
the web
|
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Exhibit 42
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Memorandum of Law by Assistant New York State Attorney
General Mary Walsh in the open court case "In the Matter of Application
of Eliot Spitzer as Attorney General of the State of New York to Re-Open
Probate and for Putnam/Weinstock Inquiry in the Matter of the Estate of Beatrice
W. Blanding, deceased" in the Otsego County Surrogate's Court (see my
post "the Blanding saga"), File No. W-62-93.
NYS AG's "Objections to Account" in the same
case indicating that the law firm Harlem and Harlem inflated fees in the
prosecution of an Estate matter, not to mention that the probated will was
drafted by a sitting Supreme Court justice Robert Harlem who was prohibited
to practice law
Affidavit of Robert A. Harlem acknowledging under oath
that it was "imprudent" for him to have drafted a will for a rich
benefactress where he bequeathed to himself 2,000 of shares of stock of the
IBM Corporation worth close to ½ million dollars
The Last Will and Testament of Beatrice Blanding
Affidavit of Sidney Levine in the same case
NYS Attorney General's motion for leave to reargue
Affirmation of Mary Walsh
Memorandum of Law for leave to reargue by NYS Assistant
Attorney General Mary Walsh. The
Memorandum contains with scathing criticism of misconduct of retired judge
Robert Harlem and his son Richard Harlem indicating that the judge unlawfully
drafted the will with large bequests to himself while being a sitting judge,
used his son and his court personnel as witnesses
on codicils for secrecy purposes and retired early to be
able to catch the bounty under the will and avoid scrutiny.
Several letters from New York State Attorney General
pertaining to my Freedom of Information Requests
Letters are dated December 7, 2010 regarding public
records about attorneys involved in the school scandal, signed by Amy Karp,
Assistant Counsel to NYS AG;
August 9, 2012 signed by Asst. Attorney General Joshua
Pepper, August 17, 2012 and September 6, 2012 signed by Joshua Pepper about
the court case by NYS AG against yet another judge-and-son(attorney) pair,
judge Frank Getman (now deceased) of Oneonta, NY and his son Michael Getman,
Assistant District Attorney of the Otsego County, New York
Copy of the Stipulation in open court in the New York County Supreme Court Case "Eliot
Spitzer, Attorney General of the State of New York on behalf of the People of
the State of New York, Plaintiff, against the Dewar Foundation, Inc., Frank
W. Getman, Sr., Michael Getman and Nancy Lynch, Defendants", New York
County Index No 401717/99
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The Memorandum of law is available for review and copying
in New York Otsego County Surrogate's
Court, and through Freedom of Information Law from the Office of the New York
State Attorney General
This Memorandum of law was also filed by me in several
federal court cases and is available on Pacer.gov
On file at the following public offices and available for
public review:
New York State Otsego County Surrogate's Court;
New York State Attorney General's Office
Pacer.gov
On file and available for public review from the office
of the NYS Attorney General and at the office of the clerk of NYS Otsego
County Surrogate's Court
All of these documents sealed by the 4th Department on
December 17, 2014 were filed in the case Neroni v. Zayas,
3:13-cv-00127-LEK-DEP in the U.S. District Court for the Northern District of
New York and are available on PACER.GOV
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Exhibit 47
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My letter dated April 25, 2011 with a request to the Clerk of the NYS
Otsego County Surrogate's Court requesting the file of the Estate of Beatrice
Blanding
|
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Exhibit 49
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My complaint to the NYS Committee for Judicial Conduct
with proof of service
Judge Becker's open-file order as the judge of the
Delaware County Surrogate Court in the case "The Estate of Andrew
Mokay", File No. 2007-21 granting to Harlem & Jervis on June 5, 2011, behind my
husband's back, without notice to him or opportunity to be heard, attorney
fees out of a Supreme Court case Mokay v. Mokay, which Harlem & Jervis
seeks to adjudicate against my husband in April of 2015
as part of a jury trial on damages
Transcript of a hearing in the same Surrogate court case
on January 18, 2011 that Judge Becker "sealed" in the Surrogate's
Court and which was filed and is still on file in the Mokay case in the
Delaware County Supreme Court, Index No. 2007-695
Judge Becker's two orders in Mokay v. Mokay, Delaware
County Index NO. 2007-695, both dated January 15, 2012.
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The order is available from the clerk of the Delaware
County Surrogate's Court
The public can ask the clerk of the Delaware County
Surrogate's Court to provide a copy of the transcript (it may not be sealed
by law); or obtain it directly from the Delaware County Clerk in the Mokay
case
In public access in Delaware County Clerk's Office,
available to look at in hard copy and on the computer by anyone without any
restrictions
|
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Exhibit 50
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List of members of the New York State Commission of Judicial Conduct
|
Still on
the web
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Exhibit 51
|
Advertisement by John R. Casey of his biography on the
website of his law firm Hiscock & Barclays listing him as a member of the
Appellate Division, Third Department's Committee on Professional Standards
for 2007-2013 (John R. Casey's law firm represented Richard Harlem and Robert
Harlem against Mr. Neroni at the time when Mr. Neroni turned in Richard
Harlem and Robert Harlem for prosecution by Mr. Casey, while Mr. Casey
instead decided to disbar Mr. Neroni without a hearing and then Mr. Casey's
law firm continued in several other cases to gain financial advantage against
Mr. Neroni based on claims of his disbarment)
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Advertisement is still on the web
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Exhibit 53
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Official biography of Judge Elizabeth A. Garry of the Appellate Division
Third Judicial Department on the court's website
Registration of Elizabeth A. Garry as an attorney on the website of the
New York State Court Administration
Printout of the list of members of the 3rd Department's Committee for
Professional standards listing a lawyer from Judge Garry's law firm (and the
same class in Albany Law School) before she came to the bench Samantha
Holbrook (Sherburne), off the 3rd Department's website
Attorney registration of Samantha Holbrook
|
Judge Garry's registration is still there
The list
is still on the court's website, and Samantha M. Holbrook is still there,
too.
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|
Exhibit 55
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An article on Legislativegazette.com of June 23, 2008
"$600,000 is paid to settle pension fraud" by Maria Brandecker,
Staff Writer
An article on Leaderherald.com of October 7, 2008
"Attorneys agree to pay $300,000" mentioning spouse and brother of
the Chief Judge of New York State Court of claims Richard Sise involved in a
scandal of embezzlement the State of New York of hundreds of thousands of
dollars by claiming false retirement benefits and fees as school employees. Judge Sise's wife is now
manager of the Albany Office of Hiscock & Barclay (John Casey's law
firm, see Exhibit 51 above). So, John Casey disbars complainants about
judges and sons-of-judges and rescues retired judges, their sons and spouses
from prosecution by "adopting" such high-standing subjects for his
investigation and prosecution as either paying clients (Robert Harlem,
Richard Harlem) or law partners (Cornelia Cahill).
An article on Www.wktv.com posted in 2008 "NY
settles fraud case with judge's wife, brother", about the same
characters
An article on www.abajournal.com of October 8, 2008
"More NY Lawyers Settle in Pension Probe; $1.28 M Recovered to Date by
AG"
|
The article is
still on the web
The article is
still on the web
The article is no longer
available on the web, but there are spinoffs in topix discussing the
article here
The article is
still on the web.
|
|
Exhibit 56
|
An article dated January 30, 2010 on TimesUnion.com "Pension
Scandal School Watch" describing that a request was filed with the 3rd
Department Professional Conduct Committee in 2010 (when John R. Casey was a
member) to disbar Judge Sise's wife Cornelia Cahill, the judge's brother and
other lawyers involved in the school pension scandal
|
The article is
still on the web
|
|
Exhibit 57
|
Biography of New York Senator Neil Breslin, Counsel to
Hiscock & Barclay (John Casey's and Cornelia Cahill's law firm) on the
website of Hiscock & Barclay (attorney advertising)
|
The biography is still on the website of Hiscock
& Barclay
|
|
Exhibit 58
|
Article in New York Times dated
May 9, 2008 "Cuomo Sees Fraud in Some Lawyers' Pensions"
Article on Timesunion.com dated
February 7, 2011 "A political legacy that's steeped in the
bloodline" describing our local attorney from Delhi NY (participant
in the school pension scandal) as "a friend and classmate" of then
Attorney General Andrew Cuomo. Bruce
McKeegan escaped the scandal with a slap on the wrist – disgorgement of some
puny amounts and no attorney discipline or criminal prosecution
A press release of
the New York State Comptroller Thomas P. DiNapoli dated July 22, 2008
"DiNapoli Revokes Retirement Membership or Service Credit of Five
Lawyers: Attorneys Improperly Reported as Employees by Five Schools and One
Town" mentioning attorney Bruce McKeegan, the buddy of the present NYS
Governor Andrew Cuomo
Article in "Capitol Confidential", blog of Albany Times Union,
dated July 22, 2008 "Five more lawyers caught in pension net"
|
The article is still
on the web
The article is
still on the web
The press-release is still on
the Internet
The article is
still on the web
|
|
Exhibit 59
|
Letter to my husband Frederick J. Neroni from the
insurance carrier of Judge Michael V. Coccoma and his wife Ellen Coccoma
explaining that the insurance cannot cover her legal representation in a case
that my husband filed, pro se, in the U.S. District Court for the Northern
District Court against her and her husband, because the case involves
fraud. Mrs. Coccoma's partner from
Hinman, Howard & Kattel the advocated for free representation of Ellen
Coccoma at taxpayers' expense (even though she was sued for her private
actions as a private attorney for private clients). Ellen Coccoma was represented in that
lawsuit by the New York State Attorney General at taxpayers' expense, see my
blogpost "Assigned counsel for the rich"
|
Letter was filed in the federal case Neroni v. Coccoma
and is available on Pacer.gov
|
|
Exhibit 60
|
Docket sheet from the federal case Neroni v. Coccoma, Case No.
3:13-cv-01340-GLS-DEP in the U.S. District Court for the Northern District of
New York
|
Pacer.gov
|
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Exhibit 61
|
Letter by Stephen R. Coffey (at that time Vice-Chair of
the NY S Commission for Judicial Conduct) to my husband Frederick J. Neroni
who at that time, together with me, represented a criminal defendant who
fired Stephen R. Coffey where Mr. Coffey threatens that he will
"absolutely prosecute" anybody who tries to obtain the bail money
from the Delaware County Treasurer "for Grand Larceny". It took TWO decisions of the Appellate
Division 3rd judicial Department, in
2010 and in 2012,
to release the money to Mr. Coffey's legally blind client. Mr. Coffey dismissed a complaint against
Judge Becker involving himself that I filed with the Commission for Judicial
Conduct. Stephen Coffey was never
disciplined or sanctioned, even though he unlawfully unsealed his client's
pre-sentencing report and filed it in open access with the Delaware County
Clerk, not to mention that he threatened his client with a criminal
prosecution in a civil fee dispute – that Mr. Coffey eventually lost.
|
The letter is on file with Delaware County Clerk's Office
in Shields v. Carbone, Index No. 2009-440
|
|
Exhibit 62
|
The settlement in the criminal case People v. Carbone, Indictment No.
2008-057 where Judge Becker accepted a plea from a legally blind defendant
that he drove the truck at the time of the arrest while a ticket was issued
to his girlfriend for the same, in the Settlement "so-ordered" by
Judge Becker a condition of the criminal plea is indemnification of all
County employees, and federal employees (including the District Attorney, the
police, possibly the judge himself) of civil liability in a possible civil
rights action for the seizure of Defendant's property. Judge Becker later assigned himself to a
related civil case (bail release with Stephen Coffey), refused to recuse,
refused to disclose the Treasurer (the Plaintiff) is his personal friend,
failed to disclose an ex parte communication with the County Attorney
(Plaintiff's counsel) and punished me for raising issues of corruption that
were clear on the record from the settlement, now conveniently sealed by
Judge Fahey
An application for bail application on behalf of Mr. Carbone in the same
case by his attorney prior to Stephen Coffey David Rikard dated 6/27/08
Letter by Stephen R. Coffey to Judge Becker in People v. Carbone,
Delaware County Indictment No. 2008-57 by which Stephen R. Coffey entered a
criminal case without notarized Consent to Change Counsel from David Rikard
as required by CPLR 321(b). Judge
Becker apparently was afraid to oppose the Vice Chair of the Commission of
Judicial Conduct and allowed it to proceed.
Affidavit of Defendant Richard Carbone in the criminal case on his
motion to withdraw the plea sworn on February 24th, 2009
My attorney affirmation of February 24, 2009 in support of motion to
withdraw the plea of guilty
Exhibit for my affirmation – a check paid for the ticket of Mr.
Carbone's girlfriend Sherry Kell for "driving the truck" that Mr.
Carbone pled to
A letter from NYS Office of Children and Family Services confirming that
Mr. Carbone was legally blind at the time he "drove the truck"
The Retainer Agreement between Mr. Coffey's law firm and Mr. Carbone for
Mr. Carbone's $17,500 bail "upon resolution of the case" (Mr.
Coffey's firm "worked" on the case for 3 months before being fired
at the time the case was not resolved yet)
A New York State Court of Appeals case In the Matter of Edward M.
Cooperman, 633 N.E. 2d 1069 (N.Y., 1994)
People v. Winkler, 71 N.Y.2d 592, 523 N.E. 2d 485 (N.Y., 1988)
The ticket of Sherry Kehl (for the occasion where defendant Carbone pled
for the same occasion, at the insistence of Stephen Coffey, that he
"drove the truck" for purposes of the plea)
Decision and Order by Judge Becker in People v. Carbone, Indictment No.
2008-57 dated March 13, 2009
|
In public access in Delaware County Clerk's Office, available to look at
in hard copy and on the computer by anyone without any restrictions
In public access in Delaware County Clerk's Office, available to look at
in hard copy and on the computer by anyone without any restrictions
In public access in Delaware County Clerk's Office, available to look at
in hard copy and on the computer by anyone without any restrictions
In public access in Delaware County Clerk's Office, available to look at
in hard copy and on the computer by anyone without any restrictions
Delaware County Clerk in People v. Carbone, Indictment No. 2008-57
The same.
The same, New York State Court of Appeals, Westlaw, Internet
The same, New York State Court of Appeals, Westlaw, Internet
Delaware County Clerk's office
Same
|
|
Exhibit 63
|
A determination by NYS Commission of Judicial Conduct to
take off the bench of East Greenbush Town Court attorney Diane Schilling, for
participating in an attempt to "fix" a traffic ticket for a judge's
wife. See my blog about which powerful
law firm embraced Diane Schilling here.
An article on Timesunion.com about taking Diane Schilling
off the bench
NYS Court of Appeals case affirming removal of Diane
Schilling from the bench
|
It is still on
the website of the Commission
New York State Court of Appeals website, Westlaw
|
|
Exhibit 64
|
Printout from the website of the law firm Maguire Cardona, P.C. that
embraced the disgraced former judge Diane Schilling as a partner, biography
of Diane Schilling as advertised by Maguire Cardona PC, home to son of the
late Chief Judge of the Appellate Division 3rd Department and Assistant
Albany County District Attorney Anthony V. Cardona Jr. and to the niece of
the judge of the U.S. District Court for the Northern District of New York
Mae D'Agostino Amanda Kurliyuk
Biography of Schilling (attorney advertisement) does not inlcude
information that she was kicked off the bench for an attempt to fix a traffic
ticket for wife of a judge
|
The biography is still on the web
|
|
Exhibit 65
|
Biography of Schilling's partner Anthony V. Cardona on
his law firm's website
|
The biography on the web
|
I will add other open-record exhibits that Judge Fahey sealed to this table when I have time and when I feel better. The latest circumstances, as my readers might understand from reading my latest blog, have put me under extreme stress and my health is not what I would have liked it to be.
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