A judge caught red-handed claims the order he disobeyed was wrong and needs correction

I blogged yesterday about Judge David Guy who acted as if he was assigned to a Surrogate's Court case while he was assigned to a removed Supreme Court case, and who caused my client (and husband) a lot of unnecessary effort and expense by his unlawful actions.

When I found (yesterday) that order of removal from the Surrogate to the Supreme Court, dated April 3, 2015

 

and when I forwarded it to the Supreme Court clerks to assign an Index No. and an RJI (Request for Judicial intervention) number to the case, as they were supposed to do immediately after the order of removal was issued (but did not do to this day because they were not notified that the case was removed), the Supreme Court clerk, according to my admission to me, consulted the assigned judge, Judge Guy, who allegedly told Ms. Sanfilippo that the order of removal of Judge Guy's administrative superior, Judge Mulvey, is "erroneous".

 

As a result Ms. Sanfilippo authored and gave me the following letter:

 

 



Of course, neither Ms. Sanfilippo, nor the assigned judge, Judge Guy, have authority to deem a clear and unambiguous order of assignment as "erroneous" - at least while there is no other order on file.

Of course, Ms. Sanfilippo had no authority to say what she said in her letter to me because the only order she has at this time is the order of April 3, 2015, by Judge Mulvey, and according to her statement to me, she did not speak to Judge Mulvey about it, she only spoke to Judge Guy who either misread the court order or deliberately misled me that he was assigned to the Surrogate's Court case instead of a removed Supreme Court case (different statutes apply).

Apparently, when a judge committed a blunder, a judge may ask his superiors to correct his blunder IN ARREARS in order to save his hide?

What is the most amazing part in this is that the judge is seeking an order of REMAND to the Surrogate's Court, which is for parties to do and not for a judge, and this way Judge Guy clearly stepped in as an ADVOCATE for those parties for whom it is preferable to keep the case in the Surrogate's Court - and that would be my client's opponents, because in the Supreme Court it is too easy to make motions to consolidate several pending related cases, which will further reveal conflicts of interest of politically connected attorneys involved in the whole Mokay mess.

So much for the rule of law, ladies and gentlemen.

And, since we have (allegedly) equal protection of laws in this country, if you do not like an order of Judge Mulvey, just ask the court clerk to correct it in your favor.

Of course, I asked Judge Guy to step down and notified his superior and the New York State Commission for Judicial Conduct of his behavior.

We will see if Judge Guy will ever be punished for pretending he was a lawfully assigned Surrogate's Court judge and attempting to change the order he disobeyed when caught red-handed.