We received a "template denial" from the New York State Court of Appeals on our appeals as of right on constitutional questions in a case against New York State Department of Environmental Conservation.
I know that such cases have to be decided by panels of 5 judges.
I only see the name of one judge (Jonathan Lippman) who "presided" over the case, and an indication that Leslie Stein did not take part (the same Leslie Stein who has made the decision in this case in the court below after being offered by the Chief Executive Officer, the Governor, what pretty much looks as a bribe, a nomination to that same Court of Appeals).
I also see that Judge Lippman defied his constitutional oath of office in this decision and usurped authority to pick and choose which constitutional questions that he has to review on appeal are "substantial" and which are "insubstantial".
As far as I know, the U.S. Constitution does not make such a distinction, and does not give authority to anybody to make such a distinction.
Yet, here is what we have from the lips of Judge Lippman, the lecturer as to "justice for all" from all imaginable pulpits:
The issues in the case were crystal clear: the government (and the courts) imposed upon my husband in 2006 notice of prohibited conduct (alleged protected stream) where the alleged stream was allegedly disturbed in 2001, while the notice was created in 2006, and that was not a map, but an affidavit of a DEC biologist, and while the map was and still is BLIND, UNREADABLE and cannot give any notice to anybody else. Also, the DEC biologist's affidavit could only be used as an official DEC record for purposes of giving notice if it was filed with the NYS Secretary of State, with a notice to the public to give comments - which, of course, was never done, it was a self-serving document prepared for litigation 5 years after the DEC lost its case in criminal court.
Here is the map and my earlier description of issues pertaining to the map and the case.
Please, see for yourself if you can see any "protected streams" or tie the map to any addresses. If you can, you can be awarded a crystal ball reader award, because in the DEC only one person can allegedly "read" that map - and that is the author of the affidavit of the DEC, biologist (not a map specialist) Jerome Fraine.
Of course, not.
- where the appellate quasi-judicial officer, the Commissioner Alexander "Pete" Grannis sued Mr. Neroni ( and me as a now "necessary party") after not allowing me in as a necessary party at the administrative level and while trying to confirm his own decision as a judge while now suing as a party, which is normally not allowed by law;
- where Judge Becker was at the same time represented by the NYS Attorney General in his individual capacity, which disqualified the NYS Attorney General from appearing in front of that same judge representing other clients - and yet the NYS Attorney General represented the Commissioner in those proceedings in front of Becker and (surprise!) - won! against us. Of course, recently a witness and I saw Becker shaking an Assistant AG's hand as if he was Becker's long-lost friend
If there is no major public outcry, people's admittedly violated constitutional rights, in the eyes of the highest New York State Court, are insubstantial.