Monday, January 12, 2015
How could Referee Sirkin get to decide on evidence if he never scheduled a hearing to admit evidence?
The Appellate Division 4th Department advised me that my attorney disciplinary proceedings are "confidential", "sealed", and that the prosecution's motion for a summary judgment on liability that Referee Sirkin "granted" today was "sealed", too.
Referee Sirkin was ordered by the court only to hear the evidence and report to the court about his findings of fact on that evidence.
To hear the evidence, Referee Sirkin had to at least schedule a hearing where the evidence would be introduced.
Referee Sirkin did not schedule a hearing and did not hear the evidence, and refused to do that.
Then, the question comes - where did the Referee Sirkin get the motion that he "granted" without authority?
Who gave it to him, if all evidence he was supposed to review had to come at a hearing that he never scheduled?
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