Sunday, June 21, 2015

Trial rules of Kevin Dowd: defaults of parties are declared and parties' rights are determined based on how well-liked by the judge and the judge's law clerk are the parties' attorneys

Plaintiffs did not show up to the Mokay trial on damages - held ex parte by Judge Kevin Dowd on April 7, 2015 during my documented medical leave due to back injury (I was the attorney of record fo the defendant Frederick Neroni).

That much is demonstrated by the front page of the transcript of that trial not showing appearances of the Plaintiffs.



Nor are appearances of plaintiffs mentioned anywhere in the transcript.

Nor did any of the plaintiffs testify in the trial that they, indeed, suffered any damages and acknowledged fees of their attorney Richard Harlem.

It is interesting to mention that Judge Dowd had the court personnel "scan the building" and reported on record that, after the court building was "scanned", and no traces of not only me, but defendant Mr. Neroni, was found, Mr. Neroni was found in default and as having waived his rights to a jury trial.

Defendant Connie Mokay was not present, but Judge Dowd did not declare that she waived her rights.

Instead, Judge Dowd accepted her attorney's explanation Michael Getman's explanation that Connie Mokay, one of the "trio" of tortfeasors, the person who urged her husband, decedent Andrew Mokay, not to transfer properties to his children at the threat that she will leave him (something the decedent did not disclose to his then attorney Frederick Neroni), now had interests that are "more aligned with the plaintiffs".








Judge Dowd called Connie Mokay's attorney "Mike" and let "Mike" go from the trial, accepting his explanations that Connie Mokay, even though "formally" she is still a defendant in the action - to prevent me or Mr. Neroni from raising objections - she is in reality only an "interested party", a "spectator", and her interests are "more aligned with the plaintiffs".

Of course, the "alignment" argument was complete gibberish and made no sense legally, but Judge Dowd accepted it anyway.

Connie Mokay who never showed up to the trial on damages, and who admitted to liability in an affidavit admittedly drafted by Richard Harlem, attorney for the plaintiffs, was excused from trial without pronouncement of default.

Her attorney "Mike" was also excused by Judge Dowd.

Yet, Defendant Fred Neroni whose attorney was on a legitimate medical leave because of a back injury, was not excused, his absence was noted as a waiver of his rights to a jury trial, the case proceeded in the absence of ANY PARTIES, including the plaintiffs, and Judge Dowd rubber-stamped all requests made by Plaintiffs son-of-a-judge attorney Richard Harlem.

Therefore, yet another trial rule of Judge Kevin Dowd - weasel yourself into the favor of the judge, or even better, into the good graces of judge's law clerk Claudette Newman whom the judge defends to the end of all law, ethics and propriety, no matter what she does. 

Do it by flaunting and stressing either your birth (Richard Harlem is a son of a judge, and kept for years a mention of the fact that Robert Harlem is a retired judge on his law firm's letterhead), or by other political connections (Richard Harlem is landlord to NYS Senator James Seward's district office in Oneonta, NY), or by affiliation with judicial qualifications committees (James Hartmann, trial attorney for the plaintiffs, is married to Nancy Deming, member of judicial qualifications committee in the Appellate Division Third Department), or by your job for the government and your bloodline (Michael Getman is the Chief Assistant District Attorney of Otsego County AND a son of a judge).

If, on the other hand, you happen to be a litigant or attorney who complained about Judge Dowd to the NYS Commission for Judicial Conduct (I did, many times) or sued him (my husband did) - then gloves are off and all laws are off, and you are a "disgusting human being" (Judge Dowd's words toward a pro se litigant who dared file a motion to recuse Judge Dowd due to conflict of interest created by his law clerk by having the pro se party's children in her house which counts as an ex parte communication).

Remember this "default" rule when entering "Judge Dowd's" courtroom - and especially if you have a misfortune of getting sick on a trial date.

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