"If the judges interpret the laws themselves, and suffer none else to interpret, they may easily make, of the laws, [a shredded] shipman's hose!" - King James I of England, around 1616.

“No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment under our present system,” Justice Sharwood in Ex Parte Steinman and Hensel, 95 Pa 220, 238-39 (1880).

“This case illustrates to me the serious consequences to the Bar itself of not affording the full protections of the First Amendment to its applicants for admission. For this record shows that [the rejected attorney candidate] has many of the qualities that are needed in the American Bar. It shows not only that [the rejected attorney candidate] has followed a high moral, ethical and patriotic course in all of the activities of his life, but also that he combines these more common virtues with the uncommon virtue of courage to stand by his principles at any cost.

It is such men as these who have most greatly honored the profession of the law. The legal profession will lose much of its nobility and its glory if it is not constantly replenished with lawyers like these. To force the Bar to become a group of thoroughly orthodox, time-serving, government-fearing individuals is to humiliate and degrade it.” In Re Anastaplo, 18 Ill. 2d 182, 163 N.E.2d 429 (1959), cert. granted, 362 U.S. 968 (1960), affirmed over strong dissent, 366 U.S. 82 (1961), Justice Black, Chief Justice Douglas and Justice Brennan, dissenting.

" I do not believe that the practice of law is a "privilege" which empowers Government to deny lawyers their constitutional rights. The mere fact that a lawyer has important responsibilities in society does not require or even permit the State to deprive him of those protections of freedom set out in the Bill of Rights for the precise purpose of insuring the independence of the individual against the Government and those acting for the Government”. Lathrop v Donohue, 367 US 820 (1961), Justice Black, dissenting.

"The legal profession must take great care not to emulate the many occupational groups that have managed to convert licensure from a sharp weapon of public defense into blunt instrument of self-enrichment". Walter Gellhorn, "The Abuse of Occupational Licensing", University of Chicago Law Review, Volume 44 Issue 1, September of 1976.

“Because the law requires that judges no matter how corrupt, who do not act in the clear absence of jurisdiction while performing a judicial act, are immune from suit, former Judge Ciavarella will escape liability for the vast majority of his conduct in this action. This is, to be sure, against the popular will, but it is the very oath which he is alleged to have so indecently, cavalierly, baselessly and willfully violated for personal gain that requires this Court to find him immune from suit”, District Judge A. Richard Caputo in H.T., et al, v. Ciavarella, Jr, et al, Case No. 3:09-cv-00286-ARC in the U.S. District Court for the Middle District of Pennsylvania, Document 336, page 18, November 20, 2009. This is about judges who were sentencing kids to juvenile detention for kickbacks.

Monday, February 27, 2017

Attorney #AndrewLavoottBluestone's "Attorney Malpractice" blog makes false claims about Neroni v Follender case

I have extensively covered the case Neroni v Follender on this blog and thought I knew everything about it - after all, I've litigated it.

Apparently, I didn't.

An attorney who specializes in legal malpractice, revealed on his blog that allegedly I was sued by Follender and lost before I "turned around and sued the plaintiffs".

Using a case you obviously did not read and do not have a clue what it was about, as an advertisement of your alleged abilities to represent people is kind of stupid.

Andrew Lavoot Bluestone, an attorney with 38 years of experience, should know better than to make claims about cases without reading them.

And, attorney #AndrewLavoottBluestone who, without reading the case, falsely alleged that:
  • I was sued, as a party, by Follender or his client before suing in Neroni v Follender; and that
  • I lost in that prior single lawsuit

Apparently, a couple of things were omitted - elementary due diligence and ability to read.

What is interesting is that this misrepresentation is made during the pendency of a criminal investigation into my criminal complaint against Jonathan Follender who tried to further enrich himself in this case by filing a false multi-thousand dollar judgement with the court - making me wonder if this misrepresentation was made on request from Follender or his friends.

Here is, once again, a short description of the controversy underlying Neroni v Follender case:

Underlying case No. 1
M & C Brothers, Inc. v. Torum
Delaware County Index No. 2007-280

Underlying Case No. 2
M & C Brothers, Inc. v. Torum
Delaware County
Index No. 2011-884

Nature of the case
Civil action for breach of contract/fraud

Nature of the case
Homestead petition

Case started
I was not admitted to the bar at the time the case started, was not an attorney or attorney of record in the case and was not a defendant in the action

Case started
Filed in 2011, a couple of weeks before Case No. 1 was concluded and jurisdiction in Case No. 2 was lost
I NEVER stepped into that case and was NEVER an attorney of record in that case

Parties and attorneys:

Parties and attorneys:

M & C Brothers, Inc.
Represented by Jonathan S. Follender

M & C Brothers, Inc.
Represented by Jonathan S. Follender

(an HGTV host and designer)

Represented by Gregory Kottmeier

In the underlying real estate transaction represented by former  Delaware County Attorney Richard Spinney, friend, colleague and former boss of 27 years of presiding judge Carl Becker


Brad Torum,
Samme Chittum
Represented by Frederick J. Neroni

In the underlying real estate transaction represented by Delaware County District Attorney John Hubbard, friend and former undisclosed law partner of presiding judge Carl Becker

Brad Torum,
Samme Chittum,
Pro Se (I am listed in the case as an attorney on the NYS Court website, because Follender claimed I am an attorney of record, for his convenience, while I never appeared in the case, there is no notice of appearance or any other evidence that I am attorney of record, and Respondents appeared pro seTHAT was the misrepresentation that was the underlying part of the lawsuit, that Follender was fraudulently claiming I abandoned my clients in a case where I was not even an attorney of record
I understand that everybody wants to distance away from this dirty case - dirty because:

  • Delaware County Attorney Richard Spinney and then ADA (and former law partner of a judge) John Hubbard were the real culprits in the action their clients were sued for;
  • The case was settled by the two TV celebrities, Tyler Harcott and Genevieve Gorder, because Follender was harassing them, and their attorney Gregory Kottmeier pointed out Follender's misconduct and misrepresentations in court pleadings, and in private to me;
  • The judgment was rendered in favor of incompetent and corrupt Follender in Case No. 1 by Eugene Peckham who later allowed his law firm to appear in the same case where he previously presided as a judge, so Peckham had no clue what judicial integrity is about - and Peckham granted the judgment to Follender, without any legal basis, only because he was also a judge in Ulster County;
  • I stepped into the case only after the judgment was already rendered, after I was admitted to the bar in 2009;
  • My motions to vacate were denied and I was sanctioned by Judge Becker who was trying hard to save his two friends, Richard Spinney and John Hubbard, from malpractice and disbarment for their actions;
  • then everybody was pretending that I was the culprit in everything that everybody else did - and Follender continued to badmouth me for allegedly abandoning my "clients" in Case No. 2 where I:
    • never appeared - and an attorney cannot be simply 'included' into a case as an attorney of record without being HIRED for that case by the clients and without APPEARING in that case - neither of which happened in Case No. 2.
I finally lost patience with Follender continuously lying about me to the court in Case No. 2 and asking to punish me for "abandoning my clients" where I was not even an attorney of record.

THAT is why I sued Follender.

The assigned Judge Tormey would not acknowledge that there were TWO underlying cases, not one.

Instead, he conflated TWO above cases into one and punished me without reading the record - simply because it was about me.

And, attorney and law professor Andrew Lavoott Bluestone, with all around star ratings, considered it possible in reporting on the case to simply jump on the bandwagon and continue misrepresentaions about the case further:

that now I WAS THE DEFENDANT in ONE case where Follender SUED ME, and where I, personally, as a party, lost - all of which was false, because:

1) I was never a defendant in any lawsuits filed by Follender;

2) There were 2 underlying court cases in Neroni v Follender, not one, in none of them I was a party, in the 1st one I was not a licensed attorney or attorney of record during the main part of litigation, I was an attorney only on post-judgment motions to vacate; in the 2nd underlying case I was NEITHER a party, NOR an attorney of record, I was only a victim of Follender's defamation and fraud upon the court which was exactly why I sued Follender.

All of the above, apparently, does not matter to the all-around star attorney Andrew Lavoot Bluestone,

who is also a law professor.

I bet, Professor Bluestone requires more diligence from his law students then he requires from himself.

One more important issue that Professor Bluestone "forgot" to mention - that in 3 Appellate Divisions (1st, 2nd and 4th Departments) I would have won the lawsuit in Neroni v Follender because Follender defaulted by serving his and his client's pre-answer motion to dismiss and all of his other pleadings himself, while being a party in the action.

The 3rd Department alone - as an "exception" for me and Follender (who is a judge in a town justice court in Ulster County while remaining a practicing attorney) - decided that disregarding that clear statute is a "mere irregularity" and not a jurisdictional defect.

Yet, in three quarters of New York courts service of a pre-answer motion to dismiss by a party, like Follender did in Neroni v Follender would have resulted in a DEFAULT AGAINST Follender and his client.

The 3rd Department though, in order to block vacating of my disciplinary decision (where Neroni v Follender was, without disclosure, considered because the trial judge sent his decision to the disciplinary court), disregarded clear statutory law by an attorney-judge against an attorney-critic of judges, as it does often in favor of politically connected parties, and considered disregarding clear statutory law that its 3 sister courts consider a jurisdictional defect - "a mere irregularity".

Of course, such a nuance was not important for Professor Bluestone who allegedly specializes in Judiciary Law 487 cases, to consider and report in his blog.

Yet, for consumers considering to hire Andrew Bluestone as their attorney, it is a clear warning. 

Consumers beware:  if Professor Bluestone can so misread a case where all underlying facts are reflected in multiple court records, does it with complete indifference to the truth of what is in the record, and invents things to make up for his lack of knowledge of the case - anybody should think twice before putting his own litigation case and livelihood into Andrew Bluestone's careless hands.

One more interesting thing: I've left a comment on Andrew Bluestone's blog, pointing out his misrepresentation.  It was never published - Andrew Bluestone, unlike me, carefully weeds out comments unfavorable to him.

I wonder, how many other people posted comments like mine, about misrepresenting their cases that Attorney Bluestone became so wary of public opinion as to hide from it behind moderation?

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