Wednesday, January 7, 2015

I encourage the media and members of the public to come to my disciplinary hearings and to call my disciplinary court, ask for access to my disciplinary records (on my express permission) and record what the court has to say to that


Please, see my previous post here about the invitation to my disciplinary hearings.  I will know the exact dates/times/places of the hearings on January 12, 2015 and will post them.  I will ask the referee to hold the hearings in a facility that can accommodate a lot of people.

You can read about my disciplinary proceeding throughout this blog by using in the search box search words "disciplinary", "Zayas", "Torncello", "Gasparini", "Becker".

In addition to the invitation to come to my disciplinary hearing, I encourage the public and the media to call my disciplinary court and ask for access to the records of my disciplinary proceedings.

I expressly give the public and the media permission for such access.

If the court pretends to deny access on the basis of Judiciary Law 90(10), that law is designed to protect MY privacy, not the court's, and I am waiving my privacy by this post, as I did two times in writing in my letters to court.
I encourage the public and the media to call the court, ask for the records and to actually RECORD your conversations with the clerk. 

It is interesting to learn how the court will be getting out of this mess where it refuses to allow me to waive my own privacy without the court's permission.

In New York, every adult is presumed competent (especially an adult who has a license to practice law), and any competent adult does not need permission of anybody but him/herself to waive his/her own privacy.

As to the law pertaining to recording of telephone conversations, New York has a one-party consent statute, Penal Law 250(1):


§ 250.00 Eavesdropping; definitions of terms.
    The following definitions are applicable to this article:
    1.  "Wiretapping"  means the intentional overhearing or recording of a
  telephonic or telegraphic communication by a person other than a  sender
  or  receiver  thereof,  without  the  consent  of  either  the sender or
  receiver, by means of any instrument, device or  equipment.  The  normal
  operation  of a telephone or telegraph corporation and the normal use of
  the services and facilities furnished by such  corporation  pursuant  to
  its  tariffs  or  necessary  to  protect  the rights or property of said
  corporation shall not be deemed "wiretapping."

To translate it from the legalese, if you are a PARTY to a telephone conversation (sender or receiver), you can give consent (to yourself, obviously), to record a telephone conversation in which you are a party (sender or receiver - you called somebody or somebody called you), without telling the other party to the conversation that you are recording.

I am encouraging you to record because, in my experience, you should not rely upon the perceived "honor" of court personnel, they will backtrack on anything borderline sensitive they told you on the phone.

Court contact information:

Frances E. Cafarell
Clerk of the court
New York State Appellate Division
4th Judicial department
50 East Ave.
Rochester, N.Y. 14604
(585) 530-3100

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