When a clerk of the court gives you a directive, it is not "really" a court order - and that is an opinion from the lips of the clerk of an Appellate Court

My disciplinary prosecutor Mary Gasparini charged me, as a prosecutor, witness and alleged victim (it all fits nicely into Gasparini's personal concept of impartial and ethical prosecution), with disobeying orders of court, where several orders of court were letters from a court clerk and a court attorney relating to me what they were allegedly "directed" to tell me by the "court".

I requested, pursuant to Judiciary Law 255, to provide me certified copies of court orders/decisions, with names of judges who made those orders/decisions, with the "directives" to the clerk and court attorney, respectively, to transmit those directives to me or to Gasparini.

The particular letter that was the subject of my Judiciary Law 255 was a directive by Christopher Lindquist, Appellate Court Attorney giving Mary Gasparini how to defeat my request to open court proceedings to the public - which has been done many times, for months and even years, and the law in the state of New York is that attorney disciplinary proceedings MUST be open to the public if the attorney asks for that and waives her privacy, which I did.

Instead, Linquist taught Gasparini that she may simply file an "Affidavit of Opposition", instead of making a motion to close proceedings which are presumed open as soon as I made my request.

So, Lindquist issued an order on behalf of the court that changed rules in favor of Gasparini, and indicated that he was directed by the court to direct Gasparini to file the "Affidavit in Opposition".

I filed a request, pursuant to Judiciary Law 255 (because Freedom of Information Law does not apply to court proceedings) for a certified copy of the order from the court directing Gasparini to do what Lindquist said the court directed  him to direct Gasparini to do.

Here is the response of the clerk of the court to my request for a copy of that order, and for copies of other orders, reflected in other letters of the clerk and the court attorney Lindquist (member of a recently created with much fanfare statewide commission to improve efficiency and fairness of attorney disciplinary proceedings - good luck with that, with Christopher Lindquist on board):

Ladies and gentlemen:

The clerk says by this letter that, even though what she or court attorney express in their letters are "written directions from the Court" (of course, she mischaracterizes blatantly giving legal advice to a party as "directives concerning calendaring and filing deadlines"), those same "written directions from the Court" "do not constitute deliberative 'decisions' or 'orders' of the Court".

So written directives of the court are not orders of the court, to make sure you understand.

So, when you are given a "written directive" by a clerk or a court attorney, it is a directive by the court - but not an order by the court.

I failed to find a legal term "directive by the court" in New York State law.  New York State law only deals with orders, decisions and judgments of the court - and those are made not by court clerks, not by court attorneys, but by judges, elected public officials.

I guess, Ms. Carafell needs re-training - along with the entire Appellate Division 4th Department allowing clerks and court attorneys to run lose, give legal advise under the guise of "court directives" and, when caught red-handed and when the actual court orders as to those "directives" are requested from him, try to clumsily cover their backsides by claiming that "written directives" are not "deliberative decisions or orders" and thus are not really court orders that I am entitled to a copy of.

Good job, Appellate Division, in further messing up.

One more reason why public servants, including the judiciary and its personnel, should be most rigorously subjected to supervision by members of the public - to prevent this circus at public expense from continuing.