Today I was "served" by e-mail - while Local Rules of NDNY court require service of non-attorney pro se parties by regular mail - with a decision dismissing my civil rights lawsuit against New York State former Commissioner for Environmental Conservation.
Here is the decision signed by Judge Kahn today.
From the decision I learnt, to my amazement, that I am already disbarred, see p. 14 of the decision:
I went and checked on the website of the New York State Court administration - as well as on Pacer - whether I am really disbarred now. I only knew about a 2-year suspension (rendered unconstitutional so far by TWO court decisions - in June of 2015 and in June of 2016).
Pacer, as before, has no information about any disciplinary actions against me in federal court.
The state court system displays the following:
Senior Judge Kahn should be seriously upset - or seriously demented - to claim I am now disbarred, without any basis for it.
Judge Kahn also sanctioned me for not appearing at a deposition in New York while being given "proper notice".
Well, "proper notice" means notice by mail - since I was pro se, and that's in accordance with the court's own Local Rules and Federal Rules of Civil Procedure.
Moreover, I cannot be required by any rules to appear over 100 miles away, and here I was required to appear 850 away.
The court decision also claims that I received a notice of
a "December order" - in 2015, after I was suspended in New York State court and, according to the NDNY, without a public court order, suspended in NDNY, too. Suspension rendered me a lay pro se party not allowed to file electronically with the court, but not allowed to also be served electronically through ECF, as an attorney.
Since the "December order", described by Judge Kahn here
was never served upon me by regular mail, I was never on notice of anything contained in that order - so I was not properly given notice of:
- a requirement to appear at a deposition in another state;
- appear at a court conference, even by telephone;
- a threat of sanctions, or
- a threat of dismissal of the action for non-appearance at a deposition.