Today I was "served" by e-mail - while Local Rules of NDNY court require service of non-attorney pro se parties by regular mail - with a decision dismissing my civil rights lawsuit against New York State former Commissioner for Environmental Conservation.
Here is the decision signed by Judge Kahn today.
From the decision I learnt, to my amazement, that I am already disbarred, see p. 14 of the decision:
I went and checked on the website of the New York State Court administration - as well as on Pacer - whether I am really disbarred now. I only knew about a 2-year suspension (rendered unconstitutional so far by TWO court decisions - in June of 2015 and in June of 2016).
Pacer, as before, has no information about any disciplinary actions against me in federal court.
The state court system displays the following:
Senior Judge Kahn should be seriously upset - or seriously demented - to claim I am now disbarred, without any basis for it.
Judge Kahn also sanctioned me for not appearing at a deposition in New York while being given "proper notice".
Well, "proper notice" means notice by mail - since I was pro se, and that's in accordance with the court's own Local Rules and Federal Rules of Civil Procedure.
Moreover, I cannot be required by any rules to appear over 100 miles away, and here I was required to appear 850 away.
The court decision also claims that I received a notice of
a "December order" - in 2015, after I was suspended in New York State court and, according to the NDNY, without a public court order, suspended in NDNY, too. Suspension rendered me a lay pro se party not allowed to file electronically with the court, but not allowed to also be served electronically through ECF, as an attorney.
Since the "December order", described by Judge Kahn here
was never served upon me by regular mail, I was never on notice of anything contained in that order - so I was not properly given notice of:
- a requirement to appear at a deposition in another state;
- appear at a court conference, even by telephone;
- a threat of sanctions, or
- a threat of dismissal of the action for non-appearance at a deposition.
Since I had no notice, I did not have to appear anywhere and could be sanctioned for that in any way, like Judge Kahn did, falsely claiming I am disbarred now.
Judge Kahn claimed, refusing to recuse, that the court did not inject itself as a party in the same proceedings.
Yet, that is abjectly not true, because I provided to judge Kahn a court order of the 2nd Circuit MAKING the U.S. District Court for the Northern District of New York a party in a related sua sponte anti-filing injunction proceeding against my co-Plaintiff and husband that was commenced, without notice to me as my husband's attorney at the time in the Neroni v Grannis case, in October of 2014, nearly 2 years before the case illegally concluded today, on August 17, 2016.
Judge Kahn apparently attempted to legitimize David Peebles' ex parte communications with the New York State Attorney General's office - accepting ex parte motions, making ex parte orders, imposing upon me sanctions for non-compliance with ex parte orders that were never served upon me, and for non-appearance at depositions across the country where notices were never served upon me and where I could not be made to appear 850 miles away from home.
By the way, you can search the entire decision of Judge Kahn, and you will not find any mentioning that I, as a pro se party, in accordance with rules of civil procedure and court's own Local Rules, must be served by regular mail - with everything, including pleadings and court orders.
Judge Kahn simply ducked this issue, because addressing the issue on the law required him to deny the motion to the New York State Attorney General, while that was not in tune with Judge Kahn's desire to kick me some more.
That behavior is completely in sync with another case, Argro v Osborne, where the NDNY court, the former magistrate David Peebles and Judge Norman Mordue denied me attorney fees for 3.5 years of work and has engaged in nearly 30 ex parte communications documented in the docket (as checked at the end of July, 2016, maybe, there are more now) .
It is interesting to mention that all judges involved in ex parte communications against me were sued by me in May of 2014 for out-of-court ex parte communications and online investigations against me in a case named Neroni v Peebles. By the way, NDNY court initially assigned defendant Peebles to preside over the case as a magistrate.
It is also interesting to mention that that lawsuit, dismissed "sua sponte" by the court where all judges were witnesses and the majority of judges were defendants in the action, may be revived soon, since I have a public document indicating that judges of NDNY court, and of the 2nd Circuit may be not only in ex parte communication, but may also be secret members of behind-the-scene organization, New York State-Federal Judicial Council, the purpose of which, according to the only existing document describing that purpose, a law review article by Judge Jack Weinstein, is to "reduce friction" between state and federal authorities - in other words, to fix cases.
So, a case for DEC was fixed by Judge Kahn, no surprises here.
Of course, a civil or criminal litigation may now reveal, based on evidence I already have and which I plan to procure by lawful means, that Judge Kahn and David Peebles were (as I am sure they were and are) witnesses and co-conspirators in a case-fixing scheme with New York State authorities, a lot of careers can be ditched and a lot of heads may roll - and that's exactly why I am repeatedly sanctioned by various courts, law or no law.
Just why wouldn't you shut up, Mrs. Neroni?
I wouldn't, and I will continue to investigate NDNY for politically-motivated case-fixing and for all activities that surround that case-fixing.
Also - did I mention that Judge Kahn sanctioned me, and that was in direct response of making a motion to recuse, a motion that he, as a witness in a related case, had no right to review or decide, and that he, likely, did not read because it was too much for him to read:
Judge Kahn is not the first judge who develops a headache and sudden inability to "sift through" evidence of his own misconduct - I recently wrote about judge Rita Connerton, a New York Family Court judge who had a similar problem. Here is also evidence as to how Judge Connerton later lied about her ex parte complaints regarding her headaches from my constitutional motions, and how she fixed the transcript to show that I was actually present at the ex parte conference, which was defied by Judge Connerton's own letter confirming that I was absent.
I know only one cure for such a disability - impeachment and criminal proceedings, since disciplinary complaints are tossed without investigation and lawsuits are tossed based on self-given absolute immunity for malicious and corrupt acts on the bench.
Thus, my efforts will be towards criminal investigation of those "honorables" who, at the expense of taxpayers, turned American courts into a tool of retaliation against people, like myself, exposing judicial misconduct.
And, of course, I will report my steps, when appropriate, on this blog.
Stay tuned.
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