Wednesday, April 8, 2015
Delaware County Supreme Court, New York, parades its bigotry against immigrant female attorneys
When attorney James Hartmann of Delhi, NY was (allegedly) ill in 2013 and in 2014, right before the jury trial in the Mokay v. Mokay action, Delaware County Index No. 2007-695, see description of the Mokay saga here and here, plaintiffs' "trial co-counsel" sent a letter (no sworn statements from medical doctors) to Judge Dowd - and those jury trials were immediately adjourned, for an indefinite time, both times over my objection.
When I got ill (back injury, I could not stand, sit or walk because of pain), and had a medical leave, issued by a physician after the physician personally saw and diagnosed me, excusing me from work from April 6, 2015 to April 20, 2015, Judge Dowd did the following:
1) refused to acknowledge validity of my medical leave, issued by a professional physician after seeing me personally and diagnosing me;
2) threatened to "secure my appearance" at trial, and, when I did not appear - because I was injured, on medical leave and COULD NOT appear,
3) then the court, whichever judge was presiding, upon information that I have, dismissed the jury and conducted a bench trial (scheduled with the jury for 3-4 days) in one or 1.5 days.
Yet, the jury trial scheduled for April 7, 2015 and that had to be adjourned because of a documented illness of defendant's counsel, was not waived in writing by the Defendant, as required by the New York State Constitution.
So, that will be one interesting appeal...
And - as to medical leaves - a precedent has been set that in the Delaware County Supreme Court, State of New York, medical leaves are valid only if they are issued (even if only by Harlem Law Office) for American-born male attorneys (whose wives are on the "judicial candidate qualifications committees" and who are hired for trial by sons-of-judges who are unsinkable no matter what they do).
For Russian-born female attorneys and their clients, no physician-issued medical leaves are valid, it is the court who makes its own "medical diagnosis" - and that "diagnosis" can only be against such an immigrant attorney, and, apparently, against her client.
It's easy, immigrant attorneys! Just don't get ill - and you and your clients will be all right in the openly bigoted Delaware County Supreme Court.
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