I obtained it from Pacer, since Mr. Neroni was never served with it, it was served to his old address, while his new address was clearly stated on his filing papers.
The 2nd Circuit, which was supposed to reject this letter as a defective filing because:
- it was not signed;
- it was served to the wrong address
did not reject it, and instead relied on it in issuing a conditional order of dismissal of Mr. Neroni's appeal, with a 7-day "grace" period. I will discuss the contents of the order in a separate blog post.
The order was made on September 24, 2015 (the deadline was September 25, 2015), the grace period was until October 1, 2015, the order was mailed to Mr. Neroni on September 26, 2015, cutting his grace period even more, NY law requires to add 5 days to any deadlines from the date of mailing if mailing is by regular mail, Mr. Neroni received the order with a "grace" deadline of October 1, 2015, on October 2, 2015.
In the letter of September 21, 2015 that was not signed by LIPPMAN's, PETER's and DUFFY's attorney, and which was deliberately sent to the wrong address, so that Mr. Neroni would not receive it on time to respond to it, LIPPMAN, PETERS and DUFFY claimed that the problem with Mr. Neroni's lawsuit was that it was "rambling and incoherent", and LIPPMAN, PETERS and DUFFY were against giving Mr. Neroni an opportunity to adequately present all issues he needed to present in the appeal, including the inconsistency of LIPPMAN's PETER's and DUFFY's position as the creator (LIPPMAN) and members (PETER's counsel and deputy clerk; DUFFY) in the New York Statewide Commission for Attorney Discipline.
Mr. Neroni sent the appellant brief in order to meet the deadline, without knowledge of such opposition, on September 23, 2015.
A day after Mr. Neroni has sent his appeal, and on the same day when LIPPMAN, PETERS and DUFFY received an order of conditional dismissal of Mr. Neroni's appeal by an instant electronic notification, on September 24, 2015, Defendants DUFFY and two employees of Defendant PETERS's court, her counsel and deputy clerk, now as members of the Commission on Attorney Discipline, provided a Report and Recommendations to Defendant LIPPMAN, creator of the Commission.
In the Report, Defendant DUFFY and employees of Defendant PETER's court freely borrowed ideas from the allegedly "rambling and incoherent" Neroni v Zayas (a constitutional challenge that they had dismissed in the district court and continued to oppose in the 2nd Circuit), and recommended to Defendant LIPPMAN the same reforms that Defendants LIPPMAN, PETERS and DUFFY were opposing and obtained two dismissals at the trial level and a conditional dismissal through bad faith failure to properly serve Mr. Neroni, at the appellate level.
So, ideas in Mr. Neroni's lawsuit were comprehensible enough in order to borrow them and present them to the public as the Commission's own conclusions, yet, members of the Commission and the Commission's creator, at the same time, opposed those same ideas expressed as challenges in a civil rights lawsuit.
So, Mr. Neroni's challenges in the lawsuit filed 2.5 years ago were "rambling and incomprehensible" to sustain a lawsuit, but were perfectly comprehensible to steal those ideas and defraud the public by claiming that the very same actors that fight against those same changes, "recommend" to bring about those same changes they fight.
For any mere mortal such conduct in litigation is characterized as frivolous and sanctionable.
Apparently, for members of the government and their counsel, New York State Attorney General (who was a Defendant in the case) and his assistants, it is the expected behavior.
What a circus.
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