In New York, attorney Richard A. Harlem of Oneonta, NY, son of retired (and now deceased) judge Robert Harlem, former Chief Judge of the 6th Administrative District, landlord to NY Senator James Seward, represented by a law firm Hiscock & Barclay that employes another NY Senator, Neil Breslin, represents in TWO court cases alleged victims of fraud and alleged perpetrator of the same fraud:
Estate of Andrew Mokay Sr. and children of Andrew Mokay Sr..
Case names are:
Mokay v. Mokay, et al., Delaware County Index No. 2007-695;
Frederick J. Neroni v. Richard Harlem et al., Delaware County Index No. 2011-547.
An appellate decision of January 22, 2015 in Mokay v. Mokay describes the decedent as one of the "trio" engaged in fraud against the decedent's children.
Richard A. Harlem and his father, a retired judge, started first to represent the decedent (perpetrator) in the Surrogate's Court, then started an action in the Supreme Court on behalf of decedent's (perpetrator's) children and alleged victims, and then, when the deeds were placed in the Estate of the decedent, added the Estate (equivalent of adding the decedent) as co-Plaintiff with decedent's alleged victims.
And continue to happily represent these absolutely incompatible clients, 5 plaintiffs and one de fact defendant, in the same action for 8 (!) years.
Not to mention that one of the Plaintiffs in the Supreme Court Mokay v. Mokay action, David Mokay, is suing the Estate in Surrogate's Court in a related action commenced before Mokay v. Mokay, and Richard A. Harlem is opposing there David Mokay Pro Se, their own client in the Mokay v. Mokay action.
Here is the timeline:
January of 2007 Richard Harlem undertakes to represent the Estate (decedent) in the Delaware
County Surrogate's Court
June 2007 the same Richard Harlem files the Mokay v. Mokay action in the
Delaware County Supreme Court on behalf of ONLY the decedent's children
claiming on their behalf the "scheme to defraud" where Richard Harlem's client
from the Surrogate's Court the decedent is part of the "trio" of the alleged
fraudsters. Of course, that is already a conflict of interest, but who cares.
After all, Robert Harlem, one of the attorneys of record in both of the above
cases (died in September of 2012), is a retired judge and is "owed deference" by his fellow judges
October 2007 The deeds that are the center of the controversy in the Mokay v. Mokay proceedings
are placed. on consent of the decedent's new wife and now widow Connie Mokay
into - the horror! - the decedent's Estate. Richard A. Harlem argues on record
to Judge Elizabeth Garry (now Justice of the Appellate Division 3rd Judicial
Department) AGAINST putting the deeds into his client the decedent's Estate. Yet
another conflict of interest.
December 2007 Richard Harlem files an appeal of Judge Garry's decision putting the deeds
not directly with the decedent's adult children (Richard A. Harlem's clients
in the Mokay action in the Delaware County Supreme Court), but into
decedent's Estate (Richard Harlem's client in the Delaware County Surrogate's
Court). Nobody punishes Richard Harlem for representing clients
with irreconcilable conflicts of interest
January 2008 While the appeal is pending, Richard Harlem now moves to merge his two
irreconcilable groups of clients into one case and makes a motion to
add the decedent's Estate (the perpetrator) as the co-plaintiff with
the decedent's children (perpetrator's victims) in the Mokay action. That is
one more irreconcilable conflict of interest.
October 2008 Richard Harlem obtains a partial summary judgment on liability against
Mr. Neroni for all of his clients. Thus, one of the "trio" of the perpetrators
obtained a summary judgment on liability against one of the two other
alleged perpetrators. For what? For fraud. For whose fraud? For
decedent's own fraud. Does it make sense? No, of course, it doesn't.
But, to shut Mr. Neroni and his counsel up,
- discovery in the case is blocked
- demand for a Bill of Particulars is blocked
- motions to vacate the summary judgment in favor of the decedent are blocked
- Mr. Neroni and I are sanctioned for even raising these issues
A detail: the only damages that Richard Harlem claims on behalf of all the incompatible clients in the Mokay action are - surprise! - Richard Harlem's own legal fees, the whole reason for this frivolous litigation.
April 2011 Mr. Neroni finds out that
David Mokay was suing the Estate in Surrogate's Court,
and that Richard Harlem did not disclose, yet another conflict of interest
That Richard Harlem attempted to get a judgment of damages in
the Mokay action (Supreme Court) on an ex parte basis in the Surrogate's Court
behind Mr. Neroni's back
Mr. Neroni sues Richard Harlem, his father Robert Harlem, their law partner
Eric Jervis, their law firms Harlem & Harlem and Harlem & Jervis for
fraud upon the court (same as they were suing him for) and their
clients in the Mokay action for fraud
Richard Harlem and Robert Harlem hire to represent them in that action -
surprise! - the law firm of Mr. Neroni's disciplinary prosecutor who
apparently used his prosecutorial position to pick paying influential
clients out of attorneys referred to him for discipline and "honoring"
his client's wishes by disbarring those who referred them for discipline
to begin with.
So, Judge Becker, at that point the Acting Delaware County Supreme Court
Justice who assigned himself to all actions where Mr. Neroni and I were parties,
in order to retaliate against us, grants the motion to dismiss to Richard Harlem's attorneys Hiscock & Barclay of Albany, NY, after
John Casey, member in Hiscock & Barclay and thus private attorney for
Richard Harlem and Robert Harlem, does his "job' for Richard and Robert Harlems, dismisses Mr. Neroni's complaint against Richard Harlem
and Robert Harlem and obtains disbarment of Mr. Neroni without a hearing
based on non-final decision in the Mokay case that Richard Harlem
obtained by not telling the judge that Plaintiff David Mokay represented
by Richard Harlem is suing in Surrogate's Court in a related action
the Estate, Richard Harlem other client, the co-Plaintiff in the Mokay action.
All judges in the case looked the other way as to Richard Harlem and his father Robert Harlem's conflicts of interest.
All judges in the case disregarded the law in favor of Mr. Neroni.
Richard A. Harlem represented in the action, for 8 years (!) both the alleged perpetrator of fraud and his victims.
Let us look once again and compare.
An attorney is disbarred without a right to be reinstated in the State of Florida for representing, at the same time, a close corporation and some of its shareholders, a conflict of interest.
Richard Harlem represents in Mokay v. Mokay action five adult children of a deceased former client of Mr. Neroni, and the decedent himself, the perpetrator of fraud upon his children, as claimed by the children and by Richard Harlem.
And if you are a son of a judge, you can do it in New York, a landlord of a NY Senator and a client of a law firm employing (1) NY Senator Breslin and (2) wife of NY Chief Judge of the Court of Claims M. Cornelia Cahill - you can do it.
Where is Preet Bharara for all this corruption, I keep wondering.
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