The New York Law Journal's commentary of the case was sterile and "professional" and did not go into Judge Kornreich's personal background, nor did it try to uncover any personal reasons for Judge Kornreich's interpretation of New York Judiciary Law 470 requiring, since April 2016, a physical office within the State of New York as a condition of being able to practice law in New York, after being admitted and licensed - while not requiring such an office from in-state attorneys.
Here is the registration information of attorney Barry Goldin:
From this registration information containing only attorney Goldin's office address, Judge Kornreich assumed, without any evidence presented in her decision, that attorney Barry Goldin:
1) Lives in Pennsylvania;
2) Does not live in New York (people may have two homes, in two different states, and share their time between them); and
3) is subject to the reach of Judiciary Law 470.
Yet, Judiciary Law 470 applies only to attorneys who reside in adjoining states, not to those who have offices in adjoining states, and there is nothing in Judge Kornreich's decision referencing any proof that attorney Barry Goldin resides in the State of Pennsylvania.
He might reside in PA, for all I know - what I am saying is that Judge Kornreich dismissed a case filed by attorney Goldin, on behalf of one corporate entity, against another corporate entity, two years ago, on the basis of a statute that is applicable to non-resident attorneys, without referring to proof that attorney Goldin actually resides in the State of Pennsylvania, and not simply has an office in that state.
In her decision, Judge Kornreich indicated that Barry Goldin, in his registration information, did not mention his New York office address.
Yet, following Judge Kornreich's logic of assuming residence of an attorney from his office address, had Barry Goldin posted his New York office address as his primary registration address, his residence will be presumed in New York, and that would take him out of the reach of Judiciary Law 470.
In other words, Judge Kornreich was not seeking logic, evidence, or lawfulness for her decision.
Her decision is even more bizarre that she specifically dismissed the case because it was filed - in 2014 - by a "non-resident" attorney (of which she provided no proof in her decision) residing in an adjoining state (of which she provided no proof in her decision either) who, in 2014 did not have to have a physical address in New York as a matter of law, because in 2011 Judiciary Law 470 was struck by the U.S. District Court for the Northern District of New York as unconstitutional, and that decision was not overturned on appeal by the U.S. Court of Appeals for the 2nd Circuit until April of 2016.
Between September 2011 and April 2016 Judiciary Law 470 was deemed unconstitutional based on an order of a federal court, and attorney Barry Goldin, even if he was an attorney residing in the State of Pennsylvania, of which Judge Kornreich mentions no proof whatsoever in her decision, attorney Barry Goldin did not have to have an office in New York in 2014, when he filed the case, or up until April 2016, when he prosecuted the case.
Because from September 7, 2011 to April 22, 2016 Judiciary Law 470 was struck as unconstitutional, Attorney Barry Goldin, even if he was a resident of an adjoining state (for which there is no reference in Judge Kornreich's decision) did not have to comply with Judiciary Law 470 when he filed the case - and that is the only reason why Judge Kornreich dismissed it in 2016 - because it was filed in 2014 by an attorney not complying, at that time, in 2014, with Judiciary Law 470.
Was it difficult for Joel Stashenko, of the New York Law Journal, to pull from Pacer.gov the applicable decisions in Schoenefeld - from 2011 and from 2016, read Judiciary Law 470 (free online access), consult attorney information of Barry Goldin (free online access, no information about Barry Goldin's residential address in his New York State registration) - and make a determination that something is drastically wrong with how Judge Kornreich decided the case?
After all, it is indisputable - from the texts of the three decisions:
- by the NDNY court in September of 2011;
- by the 2nd Circuit in April of 2016; and
- by Judge Kornreich in July of 2016 dismissing the case because Barry Goldin did not comply with Judiciary Law 470 in 2014 when it was unconstitutional based on the NDNY decision -
1) Judge Kornreich assumed residence of an attorney (a) out of state and (b) in an adjoining state, in violation of Judiciary Law 470, without referring to any evidence of that supposed fact, and assumed it, without any basis for it, from his office address; if a person has an office in China does not mean he lives there, and Judiciary Law, including the reversal of the 2nd Circuit do not require attorneys to reside where their office is - so there was no reason to assume from an office an attorney's residential address; thus, Judge Kornreich did not establish in her decision that Judiciary Law 470 applied to Attorney Goldin even if it was valid in 2014 when attorney Goldin filed the case;
2) The reversal of the 2nd Circuit in 2016 of the decision of the federal court in 2011 striking Judiciary Law 470 as unconstitutional could not create a "notice in arrears" for the past conduct of attorney Barry Goldin in 2014, which was completely legal in 2014, even if attorney Goldin resided at the time of filing in Pennsylvania, because in 2014, based on NDNY decision, Judiciary Law 470 was unconstitutional, and attorney Goldin relied upon that decision in his actions.
The reversal of that case in 2016 did not change the fact that, at the time of filing of the case by attorney Goldin, Judiciary Law 470 was deemed unconstitutional, and actions of attorney Goldin, even if he resided at that time in the "adjoining" state of Pennsylvania - for which, once again, Judge Kornreich referenced no proof in her decision - were completely legal.
- completely legal actions of an attorney,
- based on a certain statute, on the grounds that the statute applied in 2014,
- while there was proof in the record that the statute did not apply in 2014
- because it was deemed unconstitutional at that time, and thus governing the attorney's actions, and
- without any proof that the statute, even after its constitutionality as a matter of law was restored, applied to that particular attorney.
An extraordinary combination of errors, errors that were easily visible simply from the date (2014) of filing of the case, as compared to the constitutionality status of Judiciary Law 470 at the time of filing, and presence (or absence) of reference to any proof that would make Judiciary Law 470 applicable to attorney Goldin as an attorney RESIDING in an "adjoining" state (not having an office there).
Did Joel Stashenko, an experienced legal journalist, point out these egregious errors of Judge Kornreich made in Judge Kornreich's decision?
He did not even have to discover it from comparison of the dates - Judge Kornreich actually mentions in her decision that attorney Goldin RAISED the issue of inapplicability of Judiciary Law 470 to him in 2014 at the time of filing:
- not a "rent-a-desk" in somebody else's office, as her own court, a different judge, held in 1989 as satisfying Judiciary Law 470 - see that case mentioned in the NDNY decision of 2011,
- not just an office allowing service of process upon the attorney - as the 2nd Circuit's decision interpreted Judiciary Law 470;
- but a functioning office, listed on the attorney's letterhead, registration and with the attorney's actual presence - with many cases, not just one - in the state.
Judge Shirley Kornreich's income, and income of her adult daughter depended on her decision.
Because involving herself in giving favors to friends through her job is usual behavior for Judge Kornreich.
The FBI probe was regarding possible case-fixing for friends:
Reportedly, Judge Kornreich got rid of the stock that presented a conflict only when she became the target of the FBI investigation.
Another point of the FBI investigation was because Judge Kornreich reportedly refused to recuse from a foreclosure case where she had a conflict of interest.
Here are Judge Kornreich's ratings and ratings criteria:
Judge Kornreich then proudly announced her daughter's employment at that firm in New York Times in 2013:
Mollie Melissa Kornreich is still employed now at Skadden, Arps, Slate, Meagher & Flom, the law firm for which her mother the judge arranged earlier a $1 mln settlement under circumstances suggesting ex parte communications and conflicts of interest which became the subject of an FBI investigation.
Skadden, Arps, Slate, Meagher & Flom is one of those influential law firms that hire former high-ranking judges and relatives of judges to drum up business and protect themselves from attorney discipline - I showed how the "live shield" tactic operates here.
As the apparent part of those tactics, Skadden hired the retired New York State Chief Judge Judith Kaye (who died last year), and now has as its employee Judge Kornreich's daughter Mollie Melissa Kornreich, only the hiring of Mollie Melissa Kornreich
definitely looks like a payback for the $1 mln settlement Judge Kornreich arranged for the firm under the circumstances suggesting appearance of impropriety and for her resulting troubles with the FBI.