Will Judge Jonathan S. Follender the fraudster be taken off the bench, disbarred and criminally prosecuted for repeated and unrepentant fraud upon the court?

This is attorney Jonathan S. Follender, who is also a judge of the Town of Denning Justice Court, Ulster County.

This man is a fraudster.

I have a lot of documentary proof of it.

This is new proof that I learnt about just today.

This is the top of a Notice of Motion that Jonathan Follender filed with the Delaware County Supreme Court.

This is the top of the affirmation sworn by attorney Jonathan S. Follender upon which the motion above was made.  I received it some time ago.  In both the Notice of Motion and the Affirmation Follender makes statement that the motion is made on behalf, among other parties, of M & C Brothers, Inc., a corporation that he represented at the time he filed the motion - on March 8, 2016, the date when he made his sworn statement.

One correction - Follender calls himself and other Defendants in the action "petitioners".  Petitioner is an equivalent of a Plaintiff in a special court proceedings.

Here, I am the Plaintiff, and Follender is a Defendant.  He tries to impress the court by saying he is a petitioner and to obscure the fact that he is actually a Defendant.

Follender also says that the corporation Jonathan S. Follender, P.C. represents itself pro se - that is not allowed by New York law ("I appear pro se for Follender defendants").

Well, prior to this, Follender sued somebody for loss of companionship of a dog, a non-existent cause of action in New York ("loss of consortium is loss of companionship of a spouse, and a cause of action for loss of companionship of a dog does not exist), 

and made a motion to substitute a "dead client" "nunc pro tunc" when the dead individual was a corporate officer and the client was a corporation - in other words, Follender claimed that a corporation died with the death of its officer, a screaming act of incompetency for an attorney

(the motion was made in M & C Brothers, Inc. v. Torum, Delaware County Index No. 2007-280, to the now-retired Judge Eugene Pekham, partner in Levine, Gouldin and Thompson;  Judge Peckham granted that insane motion, obiously without looking, which tells you a lot about the competence of both Follender and Peckham).

So, this is the gem of an affirmation upon which Follender based his motion.

In this affirmation, under oath, attorney Follender states the following:

"1. I am the attorney for defendant M & C Bros., Inc." (the full name of the corporate client is "M & C Brothers, Inc., as the caption of the case which attorney/judge Follender is using clearly shows).

So, as of March 8, 2016, the date of the affirmation, Follender claimed, under oath, to Delaware County Supreme Court that he represented M & C Brothers, Inc. 

This is a snapshot from the New York State Department of Corporations database.  I looked it up today, Follender did not notify me of this interesting development in his FORMER client's status.

It shows that M & C Brothers, Inc. has dissolved as of May 2, 2014, nearly 2 years ago, and before the appeal in Neroni v Follender was filed on May 19, 2014.

So, as of May 2, 2014 all courts have likely lost jurisdiction over the case because of dissolution of one of the clients.

Jonathan Follender definitely lost his authority to represent a dissolved corporation, as of the date of dissolution, May 2, 2014, before the appeal was filed on May 19, 2014, Sinnott v. Hanan, 156 A.D.2d 323, 141 N.Y.S. 505 (2d Dept. 1913).

No disclosure was made by attorney/judge Jonathan S. Follender that M & C Brothers, Inc. dissolved as of May 2, 2014, and no disclosure was made to the Appellate Division 3rd Department or to me as a party Plaintiff in the litigation.

Instead, attorney (and judge) Follender continued to claim to Appellate Division 3rd Department in multiple SWORN statements, statements that he sent to me across state lines to South Carolina that he represents M & C Brothers, and is now claiming the same to the Delaware County Supreme Court.

That behavior constituted multiple counts of:

• perjury;
• fraud;
• fraud upon the court;
• mail fraud (a federal crime).

Follender's behavior may be also qualified, in my opinion, as several counts of federal wire fraud.

First, Follender caused a company to e-mail me his Respondent's brief on behalf of M & C Brothers, Inc. after the dissolution of M & C Brothers, and after Follender lost his authority to represent M & C Brothers.

Second, Follender sent this extraordinarily stupid and arrogant, not to mention fraudulent, e-mail to Appellate Division 3rd Department as of January 4, 2016, on behalf of M & C Brothers, Inc., a corporation dissolved two years prior.

In that e-mail, Follender 

(1) does not disclose the jurisdictional fact of dissolution of his FORMER client M & C Brothers, Inc. and 

(2) asks Appellate Division 3rd Department to make me come from South Carolina to New York to argue my own appeal that I wanted to submit on papers.

Follender made that claim, which was completely illegal under any circumstances, while Follender knew (but I didn't know until today) that the appellate proceedings were void and that he has no authority to represent M & C Brothers, Inc. because of that dissolution.

Note that in the e-mail, Follender requested the court to "take judicial notice" of my order of suspension - based on Follender's claim that I delayed satisfaction of a money judgment in the case that he calls "Torum".

The case was, in fact, M & C Brothers v. Bradley W. Torum, Samme Chittum-Torum, Tyler Harcott, Genevieve Gorder, Delaware County Index No. 2007-280.

While asking the 3rd Department, without disclosure that the appellate proceedings and Follender's representation of M & C Brothers have been rendered void due to M & C Brothers' dissolution, to take judicial notice of my suspension based on "Torum" - that's the above case, let's call it "Torum-I", Follender omits to mention that in Torum-I I was sanctioned by the now-quickly-retired Judge Carl F. Becker, on request of the same Follender -

for allegedly causing the delay in satisfaction of a money judgment.

Follender also omits to mention that, right after I was sanctioned in Torum-I, at his request, for, once again, allegedly causing the delay in satisfaction of a money judgment, Follender turned around and asked the same Carl Becker, in a case where I was not a party or attorney of record, to sanction me again - now 

for causing SATISFACTION of that same money judgement TOO SOON.

It is all part of court records in M & C Brothers v Bradley Torum, Samme Chittum-Torum (2 defendants instead of 4 as in Torum-I), Delaware County Index No. 2011-884.

What Follender does has many layers of fraud, and I think it's time to have him held responsible for it.

I will, of course, notify the State Commission for Judicial Conduct and other appropriate authorities with request to take, let's say, appropriate actions towards Follender because of his continuous, ongoing and brazen fraud upon several courts.

I will notify you of how this case develops.

I am posting this information for people to be beware of Jonathan S. Follender's tendencies to commit fraud and fraud upon the court when they deal with him as with attorney or with a judge.

The man is dangerous and should be taken off the bench, disbarred and criminally prosecuted.

Stay tuned.