THE EVOLUTION OF JUDICIAL TYRANNY IN THE UNITED STATES:

"If the judges interpret the laws themselves, and suffer none else to interpret, they may easily make, of the laws, [a shredded] shipman's hose!" - King James I of England, around 1616.

“No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment under our present system,” Justice Sharwood in Ex Parte Steinman and Hensel, 95 Pa 220, 238-39 (1880).

“This case illustrates to me the serious consequences to the Bar itself of not affording the full protections of the First Amendment to its applicants for admission. For this record shows that [the rejected attorney candidate] has many of the qualities that are needed in the American Bar. It shows not only that [the rejected attorney candidate] has followed a high moral, ethical and patriotic course in all of the activities of his life, but also that he combines these more common virtues with the uncommon virtue of courage to stand by his principles at any cost.

It is such men as these who have most greatly honored the profession of the law. The legal profession will lose much of its nobility and its glory if it is not constantly replenished with lawyers like these. To force the Bar to become a group of thoroughly orthodox, time-serving, government-fearing individuals is to humiliate and degrade it.” In Re Anastaplo, 18 Ill. 2d 182, 163 N.E.2d 429 (1959), cert. granted, 362 U.S. 968 (1960), affirmed over strong dissent, 366 U.S. 82 (1961), Justice Black, Chief Justice Douglas and Justice Brennan, dissenting.

" I do not believe that the practice of law is a "privilege" which empowers Government to deny lawyers their constitutional rights. The mere fact that a lawyer has important responsibilities in society does not require or even permit the State to deprive him of those protections of freedom set out in the Bill of Rights for the precise purpose of insuring the independence of the individual against the Government and those acting for the Government”. Lathrop v Donohue, 367 US 820 (1961), Justice Black, dissenting.

"The legal profession must take great care not to emulate the many occupational groups that have managed to convert licensure from a sharp weapon of public defense into blunt instrument of self-enrichment". Walter Gellhorn, "The Abuse of Occupational Licensing", University of Chicago Law Review, Volume 44 Issue 1, September of 1976.

“Because the law requires that judges no matter how corrupt, who do not act in the clear absence of jurisdiction while performing a judicial act, are immune from suit, former Judge Ciavarella will escape liability for the vast majority of his conduct in this action. This is, to be sure, against the popular will, but it is the very oath which he is alleged to have so indecently, cavalierly, baselessly and willfully violated for personal gain that requires this Court to find him immune from suit”, District Judge A. Richard Caputo in H.T., et al, v. Ciavarella, Jr, et al, Case No. 3:09-cv-00286-ARC in the U.S. District Court for the Middle District of Pennsylvania, Document 336, page 18, November 20, 2009. This is about judges who were sentencing kids to juvenile detention for kickbacks.


Thursday, November 12, 2026

That Oriental Massage Must Be Good - On The Use of Courtroom Technology, Part 2

 

That wonderful, wonderful courtroom technology!

The refrigerator flashed its final report.

BABY HANCOCK: RESCUED.

SAME RAKES: AVAILABLE FOR FUTURE USE.

FAMILY BUSINESS: PROTECTED.

DELAWARE COUNTY TAXPAYERS: STILL PAYING.

$600,000 SETTLEMENT: APPROVED.

INSURANCE COVERAGE: EXPECTED.

EVIL NERONIS: JUDGE-MURPHIED.

SIR BAKER'S CAREER: SECURED.

JUDGE-SEIDENING: AVERTED.

ORIENTAL MASSAGE: ACTIVATED.

Sir Christopher Baker contemplated the magnificent efficiency of modern courtroom technology, reclined comfortably and reminisced about the hard, but glorious road behind.


That blast... delightful Baby!


For years, Baby Hancock had demonstrated a remarkable inability to avoid stepping on the same procedural rakes.  And for years, Sir Baker and his judicial colleagues had been obliged to rescue Baby from all corners it got itself into - regularly.

Baby Hancock had a peculiar penchant for stepping on rakes.

Not different rakes, mind you.

The same rakes.

Over and over again.

Baby would fail to serve a motion.

WHACK!

The rake marked NOT SERVED would strike Baby squarely on the forehead.

Under CPLR 2211, a motion on notice is made when the notice of motion or order to show cause is served.

An unserved motion is not a motion awaiting a generous judicial excuse. It has not been made.

But Baby did not like this rule.

Baby wanted its unserved applications entertained, placed on calendars, argued, and decided, preferably against parties who had never been served.

And Sir Baker, rather than adding to the rake's WHACK his own judicial WHACK - would summon the Judicial Procedural Vacuum Cleaner™ and attempt to sweep away the consequences for the Baby - as Baby's Big Brother Judge Murphy instructed.

But - Baby would immediately step on the same rake again.

WHACK!



This time, in Neroni v. Gransbury, Frederick Neroni had not been served with any applications of Baby, and Sir Baker added to that by not communicating any court notices to Frederick Neroni either. Because why? He is married to Tatiana Neroni who was served - Sir Baker said that through counsel with a straight face to the Appellate Division.

In Neroni v Gransbury, there was even a July 30, 2026 order by Sir Baker recognizing the service problem on Frederick Neroni. But, Sir Baker forgot he issued that ruling by November 9, 2026. That was a long time ago. Long time, no see.

By November 9, 2026 - the law had not changed. But the rake started WHACK-A-RACKING with the speed of a sewing machine. So what was for Sir Baker to do - with THOSE Loyalty Chains on him?

The Baby-rescue operation had become more ambitious.

Now there were MISSED DEADLINE rake-whacks, and SERIAL RECORD-BASED PERJURIES rake-whacks, and Baby's "partner" Miller lost all ability to read - and repeated, and repeated, and repeated, the SERIAL PERJURIES that he had NEVER EVER - AND EVER - did what he said he did in another filed affidavit.

That kind of rake-a-whackable Baby blunder required an ER-action.

And ER-action had come - forwarned by the not-so-gentle "messages" those Loyalty Chains generously sent to Sir Baker. At night. At a location where the peaceful and sleepy Sir Baker could hardly expected to be ZAPPED.

Sir Baker did not like to be zapped. Nobody does.

Self-preservation is a powerful drive.

When Sir Baker reached for the jar labeled REASONABLE EXCUSES - it hissed red and blew up in front of him.

None? Huh.

Sir Baker stared at the smoking remains of the jar.

This was serious.

The rake was put on a wireless remote counter and chimed in like a Geiger meter nonstop.

No Judicial Procedural Vacuum Cleaner™ could be that fast to rescue Baby anymore.

And the Wireless Loyalty Chains™ were becoming distinctly impatient.  Sir Baker recalled that aloe burn gel that he had to...  Not pleasant.

Sir Baker needed guidance.

Divine guidance.

He must ascend Mount Sinai.

Or, more precisely, approach the Judge-Murphy-ing fridge.

It was from this sacred appliance that the commandments of the Great House of Murphy descended upon the judicial servants entrusted with the protection of Baby Hancock.

Sir Baker approached reverently.

He removed his judicial spectacles.

He bowed his head.

The refrigerator began to tremble.  Its ice maker rattled like thunder.  A blinding light emerged from the vegetable compartment.

And upon the door, in letters of fire, appeared the First Commandment:

THOU SHALT HAVE NO OTHER BABIES BEFORE HANCOCK.

Sir Baker fell to his knees.

A second commandment appeared:

THOU SHALT NOT REQUIRE BABY TO LEARN FROM ITS RAKES.

Then a third:

THOU SHALT NOT LET THE EVIL NERONIS PROFIT FROM BABY'S BLUNDERS.

Sir Baker waited.

Surely there would be a fourth commandment explaining how to rescue Baby from unserved motions, missed deadlines, and the ever-growing mountain of contradictory affidavits.

But the refrigerator had something far more ambitious in mind.

Its compressor roared.

The Loyalty Chains tightened.

And across the freezer door appeared the ultimate revelation:

WHY KEEP RESCUING BABY FROM THE RAKES?

REMOVE THE EVIL NERONIS.

Sir Baker gasped.

Of course!

How had he failed to see THAT?

The problem was not Baby's inability to comply with procedural rules.  That was obvious. The problem was the continued existence of the evil pro se plaintiffs who insisted that Baby is subject to – gasp! – LAWS!  Like anyone else!  The gall!

The refrigerator delivered its final commandment:

THOU SHALT JUDGE-MURPHY THE NERONIS.

Sir Baker understood.

He rose from his knees, his judicial mission renewed.

There would be no more searching for reasonable excuses.

No more individual rescue operations.

No more exhausting attempts to explain why an unserved motion should be treated as served or why separate lawsuits should be treated as a jumbled mess, or why the two Neronis should be treated as one – see Neroni, WHACK NERONI, doesn’t matter which one, doesn’t matter for what.

The refrigerator had spoken.  The Loyalty Chains gently confirmed – over that sore aloe-jellied spot.

And the MURPHY-ORDERED November 9, 2026, was approaching.

What was a judge to do?

What was a judge to do?

OBEY, OF COURSE.

But how?

The Judge-Murphy Fridge had supplied the divine commandment.  It had not supplied the paperwork.

Sir Baker still had several of the Neroni vs Baby or Baby’s clients lawsuits on his hands.  Different plaintiffs.  Different defendants.  Different causes of action.  Different motions.  Different service histories.

And, most inconveniently, the actions had never been consolidated.

The refrigerator flashed:

JUDICIAL BLENDER™ ACTIVATED.

INSERT ALL NERONIS.

SELECT: PURÉE.

Sir Baker hesitated.

What about the captions?

MULTIPLE CAPTIONS ACCEPTED.

What about Frederick not being a party to some of Tatiana's lawsuits?

SPOUSAL FUSION™ ENABLED.

What about the motions that had never been served?

SERVICE REQUIREMENTS: OVERRIDDEN.

What about the July 30 order?

PREVIOUS MEMORY: CLEARED.

What about the merits?

The refrigerator went silent.

Then, slowly, a message appeared:

WHAT MERITS?

Sir Baker felt the first delicious vibration of the Wireless Loyalty Chains™.

The solution was becoming clear.

He would not have to decide whether Baby Hancock's attorneys had committed the acts described in the complaints.

He would not have to examine the separate procedural histories.

He would not have to determine whether Frederick had actually been served with the motions and calendar notices.

He would not have to explain why Tatiana's independent litigation should be used against Frederick.

He would simply declare the evil Neronis a menace to judicial administration.  No – not that cute little Menace that the Neronis have, tabby-striped with paws and tail.   THE REAL, EXISTENTIAL MENACE for Baby.

Menacing Neronis will make every post-menacing step easy: simply REMOVE THE MENACE.

Not just from the lawsuits Baby Hancock wanted dismissed.

From future lawsuits, too.

STATEWIDE.

Sir Baker's eyes widened.

That was much better than another gruesome baby rescue.  Sir Baker shuddered from his recent prior experience of having to launder his judicial robes of all of the Baby’s slobbering.  Disgusting… No, not disgusting, Judge Murphy!  Not disgusting – the mind-reading camera on the fridge blinked angrily.  Delightful, Judge Murphy!  Delightful substance!

But I know, I know, a one size fits all solution is SO MUCH BETTER.



The refrigerator chimed approvingly.

NOVEMBER 9 OPERATION READY.

DISMISS EXISTING LAWSUITS.

DENY PENDING MOTIONS AS MOOT.

IMPOSE STATEWIDE ANTI-FILING INJUNCTION.

REFER EVIL NERONIS TO MURPHY if they want to file any of their pesky – tax certioraris… or FOIL challenges… or civil rights cases…. Or anything property related.  Tedious. Baby Hancock -unfriendly.  Baby Hancock – BIG BROTHERABLE!

Sir Baker stared at the last instruction.

Murphy?

BUT… Murphy…. Baby Hancock belongs to Murphy’s brother.

The Loyalty Chain jolt was not pleasant.

WANT ANOTHER JOLT?  Said the fridge in rainbow colors.

Of course, Murphy!

Who better to supervise the future court access of the evil disabled elderly investigative journalist and her more elderly and more disabled husband than the BIG BROTHER of Baby Hancock!  PERFECT solution to this MENACE.

And who better to ensure that Sir Baker would never again have to risk a painful Judge-Seidening (read NYS Commission of Judicial Conduct files on Judge Daniel Seiden) while rescuing Baby from its favorite rakes?

The refrigerator flashed one final message:

DO NOT FORGET THE APPELLATE COURT.

Ah.

Yes.

The appellate court.

Sir Baker would need to explain why so many different lawsuits, involving so many different parties and so many different legal questions, had all suffered the same fate, at the same time, for nor apparent reason embedded in applicable procedural law.

Fortunately, the Judicial Blender™ came equipped with an APPELLATE NARRATIVE PRELOADER™ - an essay by Baby Hancock.  THAT they knew how to put together! GOOD BABY!

 

All Sir Baker had to do was insert the evil Neronis' misrepresented litigation history, lump spouses together, tell the court that it does not really matter which of the Neronis did what as long as there is an accusation in place against one of them, season generously with adjectives, and direct the attention of the reviewing appellate court to the resulting mixture.

The refrigerator suggested several ingredients.

LENGTHY.

OBSTINATE.

HARASSING.

LITIGIOUS.

Sir Baker approved.

The blender began to roar.

And somewhere inside it, Neroni v. Miller, EF2026-271, a lawsuit brought by Frederick against BABY for seeking sanctions against Frederick for actions (lawful, mind) of Tatiana, was being mixed with lawsuits brought by Tatiana, lawsuits brought by both spouses, motions that had been served, motions that had not been served, and proceedings that had never been consolidated.

The machine was magnificent.

It did not distinguish.

It did not discriminate.

It did not read.

It simply blended.

WHACK-A-RACK-A-WHACK-A-RACK-A-WHACK!

The rake counter was still going.

But Sir Baker no longer cared.

He had discovered something infinitely better than rescuing Baby from the rakes.

He could make the people who noticed the rakes disappear from the courtroom.

And November 9, 2026, had arrived.

AND THEN….

The fridge started flashing something really, really nice – soft colors, gentle overture music.

 

Sir Baker sprung up.  ROSSINI!  MY FAVORITE OPERA!  THAT IS THE DIVINE HINT!

And in answer to his beneficial thoughts, the whole “Barber of Seville” aria started to blast in Judge Murphy’s voice:

Slander is a little breeze,
A very gentle little breath,
Which, imperceptibly, subtly,
Lightly, softly,
Begins to whisper.

Slowly, slowly, close to the ground,
In a low voice, hissing,
It goes flowing, spreading,
Into people's ears
It slips cunningly,
And heads and brains
It begins to daze and swell.

Coming out of mouths,
The noise grows little by little,
Gathers strength,
Flies from place to place;
It seems like thunder, like a tempest
That, in the heart of the forest,
Comes whistling, rumbling,
And makes one freeze with horror.

At last it bursts forth and overflows,
Spreads and doubles,
And produces an explosion
Like a cannon shot,
An earthquake, a storm,
A general uproar
That makes the air resound.

And the poor slandered wretch,
Humiliated, trampled underfoot,
Under the public scourge,
By good fortune, goes off to die.

 

YESSSSS!!!

And so, my dear and best beloved, the 7-calendar-date 6-caption single “Decision and Order” of November 9, 2026 WAS BORN.

And any motions to vacate it were promptly BWOMP-YAed – in the approved Sir McBridus style - see Part 1, Part 2, Part 3 and Part 4.

And the very next day — November 10, 2026 — Delaware County approved a $600,000 settlement of Brother Rabbits' remarkable First Amendment lawsuit concerning his family-connected newspaper business – negotiated by BABY.

Of that, $572,062.07 went to attorney's fees and litigation costs.

And insurance was EXPECTED to cover most of the settlement!

Expected! How reassuring!

Unfortunately, the evil Tatiana Neroni's Neroni v. NYMIR lawsuit, challenging municipal insurance expenditures involving Baby Hancock, remained pending in Nassau County.

Sir Baker was not presiding there.

But Judge Murphy exercised statewide judicial administrative authority.  So – he can still DO THINGS there for Baby.

And the Neronis had been JUDGE-MURPHIED!

The refrigerator flashed:

FAMILY BUSINESS: PROTECTED.

BABY HANCOCK: RESCUED.

TAXPAYERS: STILL PAYING.

INSURANCE for Baby's clients intentional misconduct in office: EXPECTED.

NERONIS: JUDGE-MURPHIED.

BAKER'S CAREER: SECURED.

JUDGE-SEIDENING: AVERTED.

ORIENTAL MASSAGE for Sir Baker: FULL POWER.

 


Sir Baker closed his eyes in bliss.

 

 

 

Wednesday, November 11, 2026

# OH, WHAT A WAYNE!!! Part Four: The $600,000 Family Reunion — Courtesy of Delaware County Taxpayers 🐰🐰💰 ### A nepotism spat masquerading as a First Amendment lawsuit. Three years of litigation. $27,937.93 in compensatory damages. $572,062.07 in attorney's fees and litigation costs. And a county attorney with thirty years of institutional knowledge who somehow forgot to raise the family conflict

Remember our Shepard family saga published here last month and post election?

I wrote about it here, and here, and here, and here.


Well, dear readers, the Brother Bunnies have outdone themselves now.


SIX HUNDRED THOUSAND DOLLARS!





And what a beautiful family reunion it is.


On November 10, 2026, the Delaware County Board of Supervisors approved Resolution No. 165, authorizing a $600,000 settlement in Decker Advertising, Inc. v. Delaware County, No. 3:23-cv-01531 (N.D.N.Y.).


Decker Advertising is owned by Randy Shepard, publisher of The Reporter and brother of Wayne Shepard, who was elected Town of Hamden Supervisor on November 3, 2026.


The lawsuit had been promoted as a grand constitutional battle over freedom of the press.


I have another name for it.


A NEPOTISM SPAT DRESSED UP AS A FIRST AMENDMENT CASE


The underlying controversy concerned a publicly funded business relationship between Delaware County and a newspaper owned by the brother of a longtime senior county official.


A relationship that should have been examined for conflicts of interest before the County ever awarded the business.


A relationship that should have been challenged when the newspaper demanded its restoration.


And a lawsuit that should not have been allowed to consume nearly three years and hundreds of thousands of dollars without confronting that fundamental issue.


But then, confronting the issue would have required Delaware County to examine its own contracting practices.


And apparently, that was a little too much to ask.


## I. Thirty Years Representing the County — and Frank Miller Somehow Missed the Shepard Brothers?


Let us begin with the attorney.


Frank W. Miller of Hancock Estabrook LLP has represented Delaware County for approximately thirty years.


Thirty years.


Not thirty days.


Not three months.


THIRTY YEARS.


An attorney with that history does not arrive in Delaware County as a stranger to its officials, its contracts, its political relationships, or the businesses receiving county money.


Wayne Shepard spent decades employed by Delaware County, including as Director of the Office for the Aging.


His brother Randy owned the publishing enterprise that received county business.


Wayne's own deposition addressed printing expenditures involving his brother's enterprise.


The family relationship was not a secret.


The government employment was not a secret.


The county business was not a secret.


And yet, in defending Decker Advertising's federal lawsuit, the County's attorneys did not squarely confront the conflict of interest underlying the business relationship the plaintiff wanted restored.


Why?


That is the question I have been asking.


And Miller's thirty years representing the County make the omission considerably more difficult to attribute to ignorance.


I consider his handling of this litigation an extraordinary example of professional incompetence compounded by conduct that warrants investigation for knowing deception and misuse of public resources.


Because the problem was not simply that Miller failed to find a useful legal argument.


The problem was that the omitted argument threatened to expose the very municipal contracting practices with which a thirty-year county attorney would have been intimately familiar.


What a remarkably inconvenient defense.


II. The County Had to Stop the Nepotism — Not Pay $600,000 to Continue It


The First Amendment protects freedom of expression and freedom of the press.


It does not entitle a newspaper to a government contract obtained or maintained through an unlawful conflict of interest.


The fundamental question was whether Delaware County had lawfully awarded and maintained its business relationship with Decker Advertising while the publisher's brother occupied senior positions in county government.


New York General Municipal Law Article 18 regulates conflicts of interest in municipal contracting, including the treatment of official newspaper designations.


For years I wrote about nepotism in DelCo and its municipalities.  The so-called "public officials" - and their relatives - and their friends - and the relatives of friends - treat taxpayer coffers as their God given pasture.


The County should have examined the original transactions and confronted the conflict at the outset.


It could have acknowledged its own failure to scrutinize the relationship when the business was first awarded.


It could have defended discontinuation of the designation on the ground that the underlying contractual arrangement was objectionable under municipal law, rather than because of the newspaper's editorial content.


It could have brought the contractual issue before the federal court and opposed restoration of the arrangement.


Instead, the County allowed the controversy to proceed for nearly three years as a purported First Amendment dispute.


The longer the litigation continued, the more legal expenses accumulated.


And the more expensive the case became, the more attractive a settlement could be made to appear.


An avoidable contracting controversy became a lucrative legal enterprise.


For the lawyers, certainly.


For Delaware County taxpayers?


Not so much.


III. I Offered to Help Miller. They Settled Instead.


On November 3, 2026, I published:


The Return of the Prodigal Son — and a Curious Possibility of Taxpayer Intervention in Decker Advertising v. Delaware County.


That piece was not entirely tongue-in-cheek.


I examined whether a Delaware County taxpayer could intervene under Federal Rule of Civil Procedure 24 on the County's side to oppose prospective relief restoring the disputed municipal business relationship.


Yes, on the County's side.


The side represented by Frank Miller.


An attorney whose conduct I have criticized for years, and whose client Delaware County I have sued.


Nevertheless, I was prepared to consider assisting the County in protecting taxpayers against the restoration of a questionable family-connected contract.


I publicly identified the conflict of interest, the potential taxpayer interest, and the failure of existing counsel to confront the underlying contractual issue.


I ended the article with a question for Mr. Miller:


WHY DIDN'T YOU RAISE THAT CONFLICT IMMEDIATELY? YOU COULD HAVE SAVED DELAWARE COUNTY TAXPAYERS ZILLIONS OF DOLLARS!!!!! MILKIN' THE CASE MUCH, HUH?


That was November 3, 2026.


On November 4, I published Part Three of OH, WHAT A WAYNE!!!, examining the Shepard family's municipal positions, contracting relationships, and reactions to my reporting.


And on November 10, the Board of Supervisors approved the $600,000 settlement.


One week.


I cannot help wondering what urgency suddenly descended upon the County.


Was the prospect of an independent taxpayer appearing in federal court and raising the conflict that its own attorneys had neglected becoming a little too real?


What would happen if the federal court were asked to examine the original contracts?


What would happen if discovery turned toward the County's broader contracting practices?


What would happen if someone asked why its thirty-year attorney had failed to raise the conflict?


And what would happen if the litigation stopped being a glamorous constitutional controversy and became an inquiry into the distribution of public contracts among connected local families?


Perhaps the possibility of an unexpected ally with some legal skill and teeth as a journalist was more alarming to the County than another adversary - or then the foreseeable WRATH of taxpayers for this obviously corrupt "DEAL".


Especially an ally who intended to ask questions.


IV. $27,937.93 in Damages. $600,000 in Settlement. Who Is Protecting the Taxpayers?


Now let us examine the money.


According to the published settlement allocation:


| Component | Amount |

|---|---:|

| Compensatory damages | $27,937.93 |

| Attorney's fees | $423,297.92 |

| Litigation costs | $148,764.15 |

| TOTAL | $600,000.00|


There it is.


The parties allocated $27,937.93 to compensatory damages.


And $572,062.07 to attorney's fees and litigation costs.


The total settlement is approximately 21.48 times the compensatory damages.


More than twenty-one times.


Decker Advertising was represented by Greenberg Traurig LLP.


The $423,297.92 attorney-fee allocation is more than fifteen times the compensatory damages.


The separate $148,764.15 litigation-cost allocation exceeds those damages more than fivefold.


And these are the plaintiff's settlement allocations.


They do not include the County's own defense expenses.


Now consider the duty of public officials and their attorneys to protect municipal resources.


The County had an identifiable conflict-of-interest issue to investigate and present.


Its attorneys failed to make that issue central to the defense.


The litigation continued for nearly three years.


And the County ultimately approved a settlement in which more than 95% of the amount was allocated to lawyers and litigation expenses.


Why should Delaware County taxpayers finance the consequences of their government's failure to confront a conflict of interest at the beginning of the litigation?


Why should they pay for years of legal proceedings that could have been avoided through competent examination of the original municipal contracts?


And why should the attorneys who failed to raise the issue escape scrutiny of their own financial incentives and professional conduct?


These are questions of taxpayer waste, not merely litigation strategy.


V. This Is a Poor County. Property Taxes Are Not Voluntary Donations.


There is something particularly offensive about this expenditure.


Delaware County is a rural county with limited economic resources and many residents who cannot casually absorb additional property-tax burdens.


These are not people living in a financial abstraction called a municipal budget.


They are homeowners, retirees, farmers, working families, and small-business owners.


For many, property taxes are a substantial financial obligation.


And property taxes are not voluntary.


A homeowner cannot simply decline to contribute to the County's legal expenses.


Unpaid property taxes can become enforceable liens, followed by tax foreclosure proceedings and ultimately the loss of the property.


That is the coercive machinery behind municipal revenue collection.


A homeowner who cannot pay may lose the home.


Yet county officials can approve hundreds of thousands of dollars in litigation expenditures arising from contracting practices that should have been scrutinized years earlier.


The contrast becomes even more offensive when officials responsible for public expenditures approve increases in their own compensation while the County's residents bear compulsory tax burdens.


The public is entitled to examine those compensation decisions alongside the County's litigation spending.


The $600,000 settlement is not an abstract number.


It represents resources that could otherwise remain with taxpayers or be used for legitimate public needs.


Instead, the settlement allocates $572,062.07 to attorney's fees and litigation costs.


People can lose their homes for failing to pay taxes that support a system in which public officials permit avoidable litigation to consume hundreds of thousands of dollars.


That is why the original conflict of interest matters.


That is why the failure to raise it matters.


And that is why the settlement deserves taxpayer scrutiny.


VI. The County “EXPECTS” Insurance to Pay. EXPECTS!


Now comes the most remarkable feature of Resolution No. 165.


According to the published report, Delaware County maintains liability insurance and expects its insurance carrier to pay the costs incurred in defending the lawsuit, together with the substantial majority of the settlement amount.


EXPECTS!


Not "has obtained the insurer's approval."


Not "the insurer has committed to payment."


Not "the insurer has paid."


EXPECTS.


And the County approved the settlement anyway.


Notice the two separate financial categories.


First, the costs incurred IN DEFENDING THE LAWSUIT.


Second, the SUBSTANTIAL MAJORITY OF THE $600,000 SETTLEMENT.


The defense expenses are additional to the settlement.


How much did Hancock Estabrook and other defense counsel charge?


Who approved those invoices?


How much has the insurer already paid?


What amount of the settlement has actually been accepted for coverage?


What is Delaware County's remaining financial obligation?


And why did the Board approve the settlement without publicly identifying a confirmed insurance commitment?


The report does not answer these questions.


Nor does it identify the insurer.


But the Board approved the $600,000 obligation.


One wonders why it was so important to approve the settlement before publicly resolving the insurance questions.


And let us dispense with the comforting fiction that insurance means taxpayers do not pay.


Municipalities finance insurance through premiums and contributions.


Those expenditures are made from public budgets.


Public budgets are supported by compulsory taxation.


Insurance does not magically turn an unlawful private benefit into a lawful public expenditure.


The money does not become free merely because a municipal insurer writes the check.


VII. Fortunately, I Already Sued NYMIR


Here is the particularly entertaining part.


On October 2, 2026, more than a month before the Decker settlement, I commenced Neroni v. New York Municipal Insurance Reciprocal et al., Nassau County Supreme Court, Index No. 621856/2026.


The defendants are New York Municipal Insurance Reciprocal (NYMIR), Hancock Estabrook LLP, Frank W. Miller, Esq., and Ryan M. Poplawski, Esq.


My action challenges municipal insurance financing of private legal representation.


The original transaction concerns Wayne Marshfield, Town of Hamden supervisor.


In a sworn affidavit dated March 31, 2026, Marshfield stated that he had been sued in his private capacity, was not entitled to municipal insurance coverage for his defense, and had been denied such coverage through the Town's attorneys.


Yet an August 13, 2026 court filing included an $8,192.70 Hancock Estabrook invoice addressed to NYMIR for legal services provided by Miller and Poplawski.


That contradiction is central to my taxpayer-waste action.


The lawsuit invokes Article VIII, § 1 of the New York Constitution, the prohibition against unlawful gifts or loans of municipal funds or credit to private individuals.


It also asserts Judiciary Law § 487 claims against the participating attorneys.


I seek declaratory and injunctive relief, recovery of unlawfully expended public funds, and damages.


And now Delaware County has approved another substantial litigation-related financial transaction.


The same County.


The same litigation counsel, Frank Miller.


A $600,000 settlement involving a family-connected municipal business relationship.


And an expectation that municipal liability insurance will finance both defense expenses and most of the settlement.


The Decker settlement is an excellent addition to  my pending taxpayer-waste litigation.


I intend to pursue the relevant insurance records, coverage determinations, settlement authorizations, invoices, payments, and allocation of financial responsibility.


The identity of the insurer will be important.


So will the underlying settlement agreement.


So will the County's legal authority to assume the obligations being discharged.


The federal parties' settlement does not adjudicate the legality of those expenditures for purposes of an independent taxpayer challenge.


Nor does approval by the Board of Supervisors answer the constitutional questions.


The $600,000 settlement supplies a new financial transaction to investigate.


And I already have a lawsuit addressing municipal insurance practices.


What a fortunate procedural coincidence.


VIII. Taxpayers on social media are asking: who pays? 


The public reaction to the settlement has been revealing.  

On social media, taxpayers do not mince words.

They - not me - are calling for disbarment of Delaware County Attorney Amy Merklen -

and for forcing those who caused this litigation to pay for it out of their own personal pockets.


Notice the subject of the discussion.


Not some glorious victory for freedom of the press.


THE MONEY.


Who pays?

Why so much?


Why are the lawyers receiving most of it?


Why should the taxpayers bear the financial consequences of decisions made by public officials?


As it happens, I have already taken the question of municipal insurance expenditures to court.


And the Decker settlement provides additional material for that investigation.


IX. A County's litigation Attorney's Duty Is to the County — Not to the Continuation of Litigation


Frank Miller's thirty years representing Delaware County are important for another reason.


An attorney representing a municipality owes professional duties to the governmental client.


The client is not the attorney's personal network of county officials.


Nor is the purpose of municipal representation to preserve questionable contracting arrangements from scrutiny.


The attorney's responsibility is to represent the governmental entity in accordance with law.


That includes confronting legal problems that may embarrass individual officials.


The fact that a conflict-of-interest defense might expose longstanding county practices is not a reason to avoid it.


It is a reason to investigate it.


The public deserves an accounting of why the County's attorneys failed to make the Shepard contractual conflict central to the defense.


It also deserves an accounting of how much the litigation cost before the settlement.


And it deserves to know whether the County's decision to settle was influenced by interests other than minimizing lawful public expenditures.


I have publicly accused Miller of professional incompetence and misconduct in other proceedings.


His handling of the Decker litigation adds a substantial new subject to that criticism.


Thirty years of representing the County make the failure to confront the Shepard conflict particularly significant.


The taxpayers are entitled to ask whether this was an oversight, a conscious litigation decision, or part of a broader pattern of protecting municipal contracting relationships at public expense.


The documents, invoices, and communications concerning the defense and settlement deserve examination.


X. OH, WHAT A WAYNE!!! 🐰🐰💰


Let us summarize the remarkable result.


A newspaper owned by the brother of a longtime county official receives municipal business.


The County discontinues its official designation.


The newspaper sues, presenting the dispute as a First Amendment controversy.


The County's attorneys fail to squarely confront the family-connected contractual arrangement.


The litigation continues for nearly three years.


An investigative journalist identifies the omitted conflict and publicly considers intervening on the County's side.


One week later, the County approves a $600,000 settlement.


Only $27,937.93 is allocated to compensatory damages.


The remaining $572,062.07 is allocated to attorney's fees and litigation costs.


The County's own defense expenses are additional.


And the County EXPECTS its insurer to pay those defense expenses and the substantial majority of the settlement.


All this in a rural county whose property owners must pay taxes under the ultimate threat of foreclosure.


Meanwhile, I already have a taxpayer-waste lawsuit pending against NYMIR and the attorneys involved in another questionable municipal insurance transaction.


So perhaps the story does not end with the Board of Supervisors' approval.


Perhaps the next chapter concerns the actual insurance payments, the legality of the underlying obligations, and the responsibility of those who authorized the expenditures.


Perhaps the taxpayers will finally learn how much this family-connected litigation has cost them.


And perhaps someone will finally answer the question I asked Frank Miller on November 3:


WHY DIDN'T YOU RAISE THE CONFLICT IMMEDIATELY?


After thirty years representing Delaware County, Mr. Miller should have had ample opportunity to become acquainted with its officials and their family relationships.


The taxpayers, meanwhile, have had ample opportunity to become acquainted with the tax collector.


One group receives municipal contracts, litigation settlements, and attorney's fees.


The other receives tax bills enforceable against their homes.


WHAT A WAYNE!!!


🐰🐰💰


To be continued — with the insurance records when I get them.




Tuesday, November 10, 2026

Three New Lawsuits: Public Funds, Industrial Safety, and a Judiciary Turning Against Its Own Critics

Over the past several weeks, I have commenced three new lawsuits in New York.  

The first concerns the misuse of public funds through a municipal insurance reciprocal.  

The second challenges a massive lithium-ion battery energy storage project proposed for the New York City watershed. 

The third concerns disability discrimination by the New York State Unified Court System, the denial of constitutional access to justice, and the treatment of investigative journalists who expose judicial misconduct.


The three lawsuits involve municipal law, insurance fraud, constitutional restrictions on public expenditures, environmental and industrial safety, nuisance law, disability discrimination, judicial disqualification, and First Amendment retaliation.


They also concern the relationships among government officials, private corporations, municipal insurers, and the law firms representing them—relationships that have increasingly become the subject of my investigative journalism.


The first week of November was particularly eventful.


On November 2, 2026, I commenced a federal lawsuit concerning the Fraser Battery Energy Storage System.


On November 4, I commenced an action challenging disability discrimination within the New York State court system.


Then, on November 9, Supreme Court Justice Christopher Baker issued a series of sua sponte, ex parte decisions dismissing four of our civil actions and imposing a statewide restriction on our ability to commence future litigation without judicial permission.


But there was a rather important problem with the timing.


**We had already gotten our foot in the courthouse door five days earlier, by commencing an action challenging precisely this kind of denial of access to justice.**


Baker's November 9 decisions have now become additional evidence relevant to that pending litigation.


## I. Neroni v. NYMIR: Public Money, the Constitutional Gift and Loan Clause, and Insurance Fraud


In October 2026, I commenced a civil action in Nassau County Supreme Court concerning the activities of New York Municipal Insurance Reciprocal (NYMIR).


NYMIR is a municipal insurance reciprocal through which participating local governments pool resources to insure against specified liabilities, including the costs of legal representation.


Municipal liability insurance serves an important function. Counties, towns, villages, and their officials are frequently sued, and the costs of defending litigation can be substantial.


But the expenditure of municipal insurance funds raises an obvious question: **Who is entitled to receive publicly financed legal representation, what representations are made to obtain that financing, and who is accountable when public resources are used to satisfy private obligations?**


### General Municipal Law § 51: The Taxpayer's Right to Protect the Public Treasury


New York General Municipal Law § 51 provides a distinctive mechanism for challenging illegal municipal expenditures.


Subject to the statutory standing requirements, taxpayers may bring an action to prevent unlawful official conduct, waste or injury to municipal property, and illegal expenditures of public money. The statute also permits appropriate relief for restoring improperly expended funds to the municipal treasury.


The significance of this mechanism is that taxpayers may seek judicial intervention even when the municipal officials responsible for protecting public resources have failed to do so.


The taxpayer acts to protect the municipality's financial interests, and recovered public money belongs to the municipality.


In *Mesivta of Forest Hills Institute v. City of New York*, 58 N.Y.2d 1014 (1983), the New York Court of Appeals addressed the limits of taxpayer actions under § 51.


My NYMIR action presents concrete questions concerning the use of municipal insurance resources, the legal basis for expenditures, the recipients of payments, and the nature of the services financed.


### The New York Constitution Prohibits Gifts of Public Money to Private Parties


Article VIII, § 1 of the New York Constitution—the Gift and Loan Clause—prohibits municipalities from giving or lending public money or property to private individuals and entities, or lending municipal credit in their aid, subject to constitutional exceptions.


This restriction is directly relevant when municipal resources are used to finance legal expenses.


Where public funds are applied to satisfy private obligations without lawful authorization, the constitutional prohibition becomes implicated.


General Municipal Law § 51 supplies a potential taxpayer enforcement mechanism, while Article VIII, § 1 supplies a substantive constitutional limitation on municipal expenditures.


### Penal Law Article 176: Insurance Fraud


New York Penal Law Article 176 addresses insurance fraud.


Section 176.05 defines fraudulent insurance acts through specified conduct involving knowingly false material information, or concealment of material information, in insurance-related documents, with intent to defraud.


The subsequent provisions establish degrees of criminal liability, including distinctions based on the amount of the wrongful insurance benefit.


When insurance financing is obtained through false representations concerning the nature of a claim, the conduct of an insured individual, or the basis for coverage, Article 176 becomes relevant.


My action therefore examines the intersection of taxpayer remedies, constitutional restrictions on municipal expenditures, and the criminal prohibition against insurance fraud.


### The Document That Prompted the Lawsuit


The immediate circumstances are straightforward.


In one of my lawsuits protecting my rights as an investigative journalist, an individual whom I had sued in a private capacity sought an award of attorney's fees against me.


In support of that application, the individual submitted a bill from NYMIR.


The individual had no entitlement, in my view, to municipal insurance coverage for the private litigation at issue.


Yet a municipal insurance bill was presented as evidence supporting the request for attorney's fees.


I am a taxpayer in the relevant municipality. I commenced the NYMIR action in Nassau County, where NYMIR maintains its principal office, and included attorneys involved in the underlying litigation.


The law firm involved is owned by the brother of New York's Chief Administrative Judge—a family connection that warrants particular attention when examining the relationships among municipal insurance, politically connected legal practices, and judicial administration.


The litigation seeks to examine the legal basis for the claimed coverage, the insurance documents, the billing arrangements, and the use of municipal resources.


**Public money does not become private money merely because it passes through an insurance reciprocal or a politically connected law firm.**


Those familiar with my litigation and investigative work know that I respond to such matters through documentary investigation and legal action.


This case is no exception.


## II. Neroni v. EDF Renewables: Nearly 768 MWh of Lithium-Ion Batteries in the New York City Watershed


On November 2, 2026, I commenced an action in the United States District Court for the Northern District of New York concerning the proposed Fraser Battery Energy Storage System in the Town of Hamden, Delaware County.


The project is being developed by EDF Renewables and associated entities, including Fraser Storage, LLC.


It would place a large industrial lithium-ion battery energy storage facility in a rural portion of the New York City watershed, near property owned by my family.


### Nearly 768 Megawatt-Hours


The project's December 14, 2025 Emergency Response Plan identifies 196 Tesla Megapack 2 XL battery units, each with a stated capacity of 3,916 kilowatt-hours.


The arithmetic is straightforward:


196 × 3,916 kWh = 767,536 kWh, or 767.536 MWh.


Yet public descriptions of the project have referred to considerably smaller figures, initially approximately 540 MWh and subsequently approximately 500 MWh.


The discrepancy requires examination in light of the project's actual configuration, operating parameters, emergency response requirements, and applicable fire-safety regulations.


The proposed site is surrounded by forests, wetlands, peat deposits, challenging terrain, and seasonal roads.


Hamden has no fire department of its own. Emergency response depends on volunteer fire departments serving neighboring communities.


For an industrial installation of this size, response times, water availability, access for emergency vehicles, fire containment, and prevention of environmental contamination are central public-safety concerns.


### Moss Landing: An Industrial Fire That Should Have Served as a Warning


On January 16, 2025, a major fire broke out at the Moss Landing battery energy storage facility in California.


The fire prompted evacuations, releases of combustion products, and extensive emergency response and cleanup operations.


The facility housed utility-scale lithium-ion batteries.


The incident generated litigation concerning personal injuries, environmental contamination, property damage, and the responsibilities of facility operators.


Another battery fire had occurred in the Moss Landing area in September 2022.


Lithium-ion batteries present particular challenges during thermal runaway, when cell failures can produce escalating temperatures, combustible gases, and propagation to adjacent battery components.


The safety of these facilities depends on their actual design, separation distances, detection systems, fire barriers, emergency plans, and local response capabilities.


These are matters of public safety, not merely engineering preferences.


### Nuisance Law and Preventive Judicial Relief


American tort law provides several mechanisms for addressing activities that substantially interfere with property rights or public rights.


Private nuisance concerns substantial interference with the use and enjoyment of particular property.


Public nuisance concerns substantial interference with rights common to the public.


Where the applicable legal requirements are satisfied, these doctrines can support damages and injunctive relief, including measures intended to prevent threatened injury.


My federal complaint invokes both public and private nuisance and seeks a declaration concerning the validity of contractual rights underlying the proposed project.


The litigation concerns the protection of neighboring landowners, environmental safety, and the legal authority to construct the facility.


### Conflicted Lawyers and the Industrial Development Process


Young/Sommer LLC occupies a particularly important position in the Fraser BESS story.


On March 4, 2026, the firm executed a conflict-consent arrangement concerning its simultaneous representation of the industrial project owner and the Town of Hamden.


The town is responsible for local legislation and regulatory oversight affecting the project, including permitting, inspections, and safety requirements.


Young/Sommer openly advertises its representation of industrial developers. Local reporting has also identified the firm as representing Delaware County and certain regional organizations involved in environmental and governmental matters.


The result is a serious question concerning the independence of the public-safety review process.


A developer seeks approval for a potentially hazardous industrial facility, while legal counsel associated with the developer simultaneously represents governmental bodies responsible for regulating that facility.


The concern becomes especially acute when the developer seeks to reduce the locally required separation distance from 1,000 feet to 100 feet.


That is a tenfold reduction.


The town is a relatively poor rural community whose residents may lack the financial resources to retain counsel for complex environmental and land-use litigation.


Fortunately—or perhaps unfortunately for the developer—I own property in the area and possess the legal training necessary to pursue the matter.


My property could be affected by a serious industrial fire.


The conflicts of interest surrounding the project's legal representation are therefore directly relevant to the adequacy and independence of public-safety protections.


I continue to investigate these relationships through court records, Freedom of Information Law requests, technical documentation, and journalism.


## III. Neroni v. New York State Office of Court Administration: An Investigative Journalist Confronts the Judiciary She Investigates


The third action, commenced on November 4, 2026, is particularly significant because of my longstanding investigative journalism.


Since 2014, I have published *Attorney Independence and Judicial Accountability in the United States*, a legal blog devoted to judicial misconduct, conflicts of interest, judicial corruption, constitutional violations, and the accountability of judges and attorneys.


I examine the conduct of individual judges, publish judicial records, compare decisions with controlling law, and investigate the professional, political, financial, and family relationships of those exercising judicial power.


**The subject matter of my journalism is central to this litigation.**


Judges whose conduct becomes the subject of my investigations exercise control over the scheduling of my court appearances, the resolution of my ADA accommodation requests, and the imposition of sanctions restricting my access to courts.


The New York judiciary has displayed extraordinary hostility toward journalists investigating judicial misconduct. In my cases, that hostility has manifested itself through specific judicial decisions that disregard constitutional and statutory procedural protections.


### Joseph McBride: Sixteen Motions, One Morning, Three Weeks to Prepare


One of the central figures is Justice Joseph McBride, formerly the District Attorney of Chenango County.


My husband, Frederick Neroni, and I litigated against McBride during his prosecutorial career and prevailed against him in numerous proceedings.


Our professional adversarial history therefore substantially predates his judicial service.


I had also criticized McBride's prosecutorial conduct in my capacity as an investigative journalist and fellow legal professional, long before he became a judge.


When our civil cases subsequently came before him, that history was already in place.


McBride scheduled sixteen motions for a single morning, allowing me three weeks to prepare.


The materials necessary to respond to just one of those motions included approximately 3,000 pages of court records.


Those 3,000 pages had been created and reviewed by the opposing party approximately three years earlier.


My opponents were professional law firms employing multiple attorneys and support personnel.


**Not one of those firms faced the cumulative burden of preparing for sixteen motions in the same morning.**


The opposing law firms had collective resources and years of familiarity with their own materials. I was expected to review thousands of pages, research the applicable law, prepare written submissions, and address sixteen motions within three weeks.


McBride was fully informed of my disabilities and the need for reasonable accommodations under the Americans with Disabilities Act.


Yet he found a remarkable justification for denying accommodations: my journalism.


His reasoning treated my ability to conduct investigations and publish articles as evidence that I should be capable of enduring the extraordinary litigation burdens imposed by his own scheduling decisions.


In other words, my continued intellectual and professional activity despite serious disabilities became an argument for depriving me of federal disability protections.


And the journalism at issue was specifically directed at judicial misconduct.


Thus, activity protected by the First Amendment was used against an investigative journalist seeking equal access to the courts.


### John Solak: Another Disabled Investigative Journalist Before McBride


The litigation involving investigative journalist John Solak presents another revealing example.


Solak is a defendant in *Adam Weitsman v. John Solak et al.*, pending in Broome County Supreme Court.


He has visual impairments associated with Fuchs' dystrophy and dyslexia.


On May 27, 2026, Solak requested ADA accommodations, including accessible document formats, additional time, and assistance with written materials.


On July 8, McBride addressed ADA issues during a court proceeding.


Nevertheless, he imposed a twenty-day deadline for Solak to answer the complaint.


A default determination followed on August 7, with a written decision issued on September 2.


Solak challenged the proceedings, citing the failure to properly resolve his ADA requests and the denial of a meaningful opportunity to be heard.


The circumstances are especially troubling when considered alongside the court's treatment of my own accommodation requests.


Two investigative journalists with disabilities appeared before the same judge.


In my case, journalism was invoked as a reason to deny accommodations.


In Solak's case, proceedings advanced toward default despite the court's knowledge of his visual impairments and accommodation requests.


### Judicial Elections, Campaign Contributions, and Recusal


Another issue arose in the Weitsman litigation.


A co-defendant, Jessica Miller-Cice, moved for McBride's recusal, raising questions concerning financial connections between plaintiff Adam Weitsman and McBride's judicial election campaign.


The motion identified contributions made by Weitsman to a third party who subsequently contributed to McBride's campaign.


McBride denied the recusal motion.


This issue must be understood within New York's judicial election system.


Justices of the New York Supreme Court are elected for fourteen-year terms through a process involving political-party nominations and general elections.


Article VI, § 20 of the New York Constitution requires ten years of admission to the New York bar for service as a Supreme Court justice.


Candidates are not required to pass a separate judicial qualification examination comparable to those used in some other legal systems.


Political-party support and electoral success are central to obtaining the office.


Judicial campaigns also require funding. Although New York's judicial conduct rules prohibit candidates from personally soliciting campaign contributions, fundraising through authorized campaign committees is permitted.


This creates circumstances in which persons financially connected to judicial campaigns may later appear as litigants before the judges whose elections they supported.


In *Caperton v. A.T. Massey Coal Co.*, 556 U.S. 868 (2009), the United States Supreme Court held that extraordinary financial support for a judicial election campaign by a person with a substantial interest in pending litigation can create a constitutionally intolerable probability of bias requiring judicial recusal.


The financial relationships raised in the Solak litigation therefore implicate important questions of judicial impartiality.


The combination is striking: a disabled investigative journalist defending a defamation action, campaign-finance relationships involving the plaintiff, a recusal motion, and the judge's refusal to step aside.


### George Lane: Arrested for Being Unable to Climb the Courthouse Stairs


On May 17, 2004, the United States Supreme Court decided *Tennessee v. Lane*, 541 U.S. 509.


George Lane was paraplegic and used a wheelchair.


He was required to appear in a criminal proceeding in Tennessee. The courtroom was located on the second floor of a courthouse without an elevator.


For his first appearance, Lane left his wheelchair downstairs and crawled up the stairs.


When he returned for another hearing, he refused to crawl again and declined an offer to be carried upstairs.


The judge ordered his arrest for failure to appear.


**Lane had arrived at the courthouse. He was arrested and jailed because he could not physically reach the courtroom.**


This occurred after Congress enacted the Americans with Disabilities Act in 1990.


The State of Tennessee then invoked sovereign immunity in an attempt to defeat Lane's federal civil-rights action.


By a vote of five to four, the Supreme Court held that Title II of the ADA could validly be enforced against states in cases implicating the fundamental right of access to courts.


Four justices dissented.


In the twenty-first century, the nation's highest court had to address whether federal disability-rights protections could be enforced against a state whose judicial system had jailed a wheelchair user after he refused to crawl into a courtroom.


For a country that frequently presents its constitutional democracy as a model of the rule of law, the episode is remarkable.


### The United States Has Not Ratified the UN Convention on the Rights of Persons with Disabilities


The United Nations adopted the Convention on the Rights of Persons with Disabilities on December 13, 2006.


Article 13 requires participating states to ensure effective access to justice for persons with disabilities, including appropriate procedural accommodations.


The United States signed the Convention on July 30, 2009, but has never ratified it.


On December 4, 2012, the United States Senate voted 61–38 in favor of consenting to ratification.


The required two-thirds majority was not achieved.


As of November 2026, the United States remains outside the Convention as a state party.


Domestic protections under the ADA remain enforceable, but the United States has declined to assume the Convention's treaty obligations.


The distinction is especially relevant to the administration of justice, where Article 13 specifically addresses procedural accommodations.


### New York's New Equal Rights Amendment: Disability Becomes an Expressly Protected Constitutional Category


On November 5, 2024, New York voters approved an Equal Rights Amendment to the state constitution.


The amendment took effect on January 1, 2025.


It expanded Article I, § 11 of the New York Constitution to expressly prohibit discrimination in civil rights on additional protected grounds, including disability.


The prohibition applies to governmental actors, including state institutions.


In June 2026, the New York Court of Appeals addressed the amendment in *Matter of Miller v. State of New York*, 2026 NY Slip Op 03907, concerning mandatory judicial retirement.


The Court held that the amendment did not repeal the constitution's specific judicial retirement provisions.


The application of the newly expanded constitutional protection to disability discrimination in the administration of court proceedings presents a different question.


**That is precisely the question we intend to test.**


Our new action examines the interaction among Title II of the ADA, the Fourteenth Amendment, the First Amendment, and New York's newly amended Article I, § 11.


### Christopher Baker: Four Civil Actions Dismissed Within 49 Minutes of Notice of a Federal Environmental Lawsuit


The events of November 9, 2026, deserve particular attention.


That morning, I electronically filed a motion for leave to supplement a complaint against local governmental defendants, seeking to add claims arising from developments connected to my federal Fraser BESS litigation.


Justice Christopher Baker had for months refused our requests for accessible scheduling, including requests to move virtual appearances to later hours because of my husband's severe nighttime pain and related disabilities.


According to the electronic filing notifications, approximately 49 minutes after my supplemental pleading motion was filed, Baker issued a series of decisions in four separate civil actions.


The cases had different parties, different claims, and different procedural histories.


They included litigation concerning the use of our property by local governmental authorities, damage to our property, and other alleged governmental misconduct.


Baker relied on our nonappearance at an October 28 hearing.


But the circumstances of that hearing are central to the constitutional analysis.


Fourteen motions across four separate cases had been scheduled for one morning.


We had repeatedly requested ADA accommodations, including accessible scheduling, remote participation, and effective communication assistance.


The requested accommodations were not provided.


Nevertheless, Baker invoked 22 NYCRR § 202.27(b) to dismiss all four actions for nonappearance.


The October 28 proceeding had been scheduled to address motions, yet Baker used the nonappearance to terminate the underlying civil actions.


He did not conduct an individualized merits analysis of the claims in each case.


Instead, the pending motions were denied as moot following dismissal.


The sequence was extraordinary.


First, fourteen motions in four cases were placed on a single calendar despite outstanding ADA accommodation requests.


Second, nonappearance at that calendar was used to dismiss the actions.


Third, all pending motions were denied as moot because the actions had been dismissed.


Finally, Baker used the same procedural history to impose restrictions on future access to the courts throughout New York State.


**The failure to provide accessible judicial proceedings was followed by sanctions based on the resulting nonappearance—and ultimately by restrictions on our ability to seek judicial protection in future cases.**


### Four Separate Cases, One Collective Punishment


The cases differed in their parties, claims, procedural postures, and service histories.


In *Neroni v. Gransbury*, my husband had not consented to electronic filing and had not been properly served with the relevant court documents or hearing notices.


Yet the consequences of nonappearance were imposed upon him.


Baker's decisions also conflated my conduct with my husband's.


In particular, my husband's litigation rights were affected by references to my separate NYMIR action, to which he was not a party.


This is a serious defect in the individualization of judicial sanctions.


Each litigant's conduct, notice, procedural obligations, and legal position must be evaluated separately.


Instead, Baker treated us collectively and resorted to disparaging personal characterizations while leaving the substantive claims unresolved.


### Statewide Anti-Filing Injunctions Without Notice or an Opportunity to Be Heard


The most serious aspect of the November 9 decisions was the imposition of statewide anti-filing injunctions.


Baker acted sua sponte—on his own initiative.


No properly noticed motion sought the statewide filing restrictions imposed.


We received no advance notice that such sanctions were under consideration.


We were given no opportunity to submit written opposition.


No separate hearing was conducted concerning the proposed injunctions.


The restrictions nevertheless extended throughout New York State.


The Second Circuit has addressed the constitutional requirements for sua sponte filing injunctions.


In *Moates v. Barkley*, 147 F.3d 207 (2d Cir. 1998), the court held that notice and an opportunity to be heard are required before a court imposes a filing injunction on its own initiative.


In *Lau v. Meddaugh*, 229 F.3d 121 (2d Cir. 2000), the court emphasized the need for a meaningful opportunity to prepare opposition.


Baker provided neither advance notice nor an opportunity to contest the proposed sanctions before imposing them.


### Baker Relied on McBride's Order in a Case Where Baker Himself Was a Defendant


There is an additional constitutional problem.


In support of his statewide filing restrictions, Baker relied on prior anti-filing orders issued by Justice Joseph McBride.


Among those orders was a sua sponte restriction entered in litigation in which **Christopher Baker himself was a defendant**.


McBride had imposed that restriction without advance notice and a meaningful opportunity to be heard.


Baker then relied on it to impose additional restrictions against the same litigants.


The sequence raises a fundamental question of judicial impartiality.


A judge used an order entered in litigation directly involving his own interests as a defendant to justify further sanctions against his litigation adversaries.


The principle *nemo judex in causa sua*—no person may be a judge in his own cause—is fundamental to due process.


In *Tumey v. Ohio*, 273 U.S. 510 (1927), the Supreme Court addressed the constitutional prohibition against adjudication by a judge with an impermissible personal interest.


In *In re Murchison*, 349 U.S. 133 (1955), the Court emphasized the necessity of an impartial tribunal.


In *Caperton v. A.T. Massey Coal Co.*, 556 U.S. 868 (2009), the Court held that an objectively intolerable probability of bias can require judicial disqualification even without proof of actual subjective bias.


In *Williams v. Pennsylvania*, 579 U.S. 1 (2016), the Supreme Court vacated a decision involving a judge who had previously participated personally in a significant prosecutorial decision in the same criminal case.


The constitutional problem in Baker's conduct arises from his exercise of judicial authority against individuals who had sued him, relying on a prior order entered in litigation in which he was a defendant.


The absence of notice and an opportunity to be heard presents a separate due-process defect.


Together, these circumstances support challenges to the constitutionality and validity of the resulting injunctions, including arguments for vacatur and legal nullity.


### And All of This Happened After We Had Already Filed the Disability Discrimination Action


The chronology is particularly revealing.


On November 2, 2026, I commenced the federal Fraser BESS litigation.


On November 4, I commenced an action challenging disability discrimination by the New York State court system.


On November 9, I filed a motion seeking leave to supplement claims against local governmental defendants with developments connected to the Fraser BESS litigation.


Approximately 49 minutes later, according to electronic filing notifications, Baker issued the series of dismissals and statewide filing restrictions.


The November 9 decisions followed the commencement of the disability discrimination action by five days.


They could not retroactively prevent that action from being commenced.


They may now be examined in the context of the pending claims concerning denial of court access, disability discrimination, retaliation for protected activity, and deprivation of due process.


**Baker attempted to close the courthouse door on November 9. We had already entered on November 4 with a lawsuit challenging the very practice of closing that door.**


### A Polite Letter to Justice Baker


On November 10, my husband informed Baker of the pending action challenging disability discrimination within the New York State court system.


He also made a rather restrained suggestion.


Rather than allow the November 9 decisions to become further evidence in the already pending constitutional litigation, perhaps Baker would prefer to vacate his orders and restore the cases to their proper procedural positions.


The request was courteous.


The implications were unmistakable.


As of this writing, there has been no response.


## IV. Three Lawsuits—and a Rather Busy Autumn


The three new actions concern distinct areas of law.


The NYMIR case addresses municipal insurance, taxpayer remedies, public expenditures, and potential insurance fraud.


The EDF Renewables case concerns industrial safety, environmental risks, property rights, and conflicts of interest in the regulatory process.


The action against the New York State court system concerns disability discrimination, access to justice, judicial impartiality, due process, and retaliation against investigative journalists who expose judicial misconduct.


Meanwhile, my investigative work continues: FOIL requests, examination of financial relationships, review of judicial decisions, research into conflicts of interest, public reporting, and preparation of further litigation.


My first university education was in linguistics. I subsequently obtained an economics degree and, after immigrating to the United States, a law degree.


All three fields have proved useful.


Linguistics helps me analyze documents, identify contradictions, and formulate precise arguments.


Economics helps me investigate financial relationships and the movement of public funds.


Law allows me to translate investigative findings into judicial claims.


Journalism makes those findings available to the public.


Social media has become another useful means of distributing the results.


I am 63 years old. After several strokes and serious illnesses, my physical working capacity is substantially limited.


Fortunately, my intellectual activity continues.


Three new lawsuits, several ongoing investigations, extensive legal research, documentary analysis, publications, and correspondence with government agencies have made this a rather productive autumn.


And another lawsuit may already be taking shape.


Local government officials, evidently displeased with my recent litigation and journalistic activity - especially reporting on Fraser BESS project and lawsuit and the traffic ticket revenue controversy - see the "Selling Justice" series of report this month - have brought bulldozers onto our property in the Catskill Mountains and are moving to take the land and pave it for parking.


Yes, bulldozers. Literally.


An interesting response to litigation concerning public accountability, property rights, and constitutional protections.


Not a particularly wise one, in my assessment.