"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.

Saturday, February 9, 2019

#TheCrimeOfBeingNamedMelania. How to steal a lucrative business from an immigrant with the help of a New York court. A tutorial. Part III. The burden of proof is on the Respondents - when a judge's and a city attorney's wives are involved in the mess. But, of course!

I have started publishing a series of articles regarding the mess that is happening at this time in the glorious New York Supreme Court, Otsego County, in the case The City of Oneonta v Pervu,

This is Part III.

You can read about the presiding Judge Lambert's law clerks' advocacy on behalf of the City of Oneonta in Part I, 

and about Judge Lambert's and Melania and Nicolae Pervu's own (now former) attorneys misconduct - in Part II.

In Part II I pointed out that the "ex parte" (and sealed by Lambert) application by Melania and Nicolae Pervu's attorneys to withdraw from the case, improperly granted by Lambert without providing the Pervus instead with an assigned counsel in the upcoming contempt proceedings instigated by Judge Lambert's law clerk Mark Oursler contains a wealth of extremely interesting information.

Here is the analysis of some of it.

So, the whole 9 yards was because of an "order to vacate issued by the City of Oneonta Board of Public Service for the premises located at 195 Main Street in the City of Oneonta" owned by the Pervus.

When you go to the website of the City of Oneonta Board of Public Service, you are in for an interesting revelation.

I am telling you, EVERYTHING about this case is very, very, very interesting.

So, there you go.

You go there and you see - who is the director of that public entity?

It is a Margery Merzig.

It is actually THE Margery Merzig, the woman-trailblaizer

a fighter for Human rights - and, by a mere coincidence, the wife of the Oneonta City Attorney David Merzig - who brought the enforcement litigation, to enforce his wife's order to vacate against the Pervus.

That is quite a witness for attorney David Merzig - and one of the reasons why he does not want any kind of evidentiary hearings or trials - he would have to depose, under oath, his own wife, and have he being subject to cross-examination on the order subject to enforcement.

One heck of a job, isn't it?

Note that Margery Merzig owns a business consulting firm:

The firm, or its associates or partners, or clients, might pop up some place in this case in the future, so beware.  This is the usual way things happen in this area - where I lived and worked for 16 years.

Now, a wife-owner of a business consulting firm, in her capacity as a chairman of the city's "Board of Public Service", issues an order ordering a business owned by two immigrants to vacate a lucrative piece of real estate, a downtown hotel.

And, her husband, by mere coincidence, the attorney for the City of Oneonta - including its glorious Board of Public Service - brings the wife's order to court to have it enforced.

Here he is, the polished and magnanimous-looking David Merzig.

Well, the missus said it - the mister must do it, right?

And here is Judge John F. Lambert, the currently presiding judge, by coincidence, a former prosecutor in the same area who had to have known David Merzig personally for a very long time, as an attorney for the Oneonta City Police with whom Lambert, as a prosecutor, had to have "interacted" very closely.

But, Lambert is not the first judge presiding over this case.

The first judge was a different one.  

Note what attorney Ryan Manley said in his affirmation for the application to withdraw on an Order to Show Cause:


What is Judge Michael V. Coccoma doing in this case?

While Judge Coccoma is, indeed, a Supreme Court judge in Otsego County,

as well as the Deputy Chief Administrative Judge for upstate New York (that is, he assigns judges to all cases in all courts outside of New York City):

The problem with him presiding over the City of Oneonta v Pervu case, though, is that many tenants in the Pervu's "Oneonta Hotel" were put there on a contract with the Otsego County Department of Social Services, providing rent subsidies to some tenants.

And, on June 21, 2018, at the time the lawsuit was filed, the City of Oneonta actually publicized that it notified agencies providing rent subsidies, about supposed problems with the building long before it filed the lawsuit against the Pervus:

And, the city of Oneonta, speaking through its attorney David Merzig, has said in that same publication, on behalf of Merzig's wife (sorry, chairman of the Board of Public Service Margery Merzig), that

And who is the Supreme Court Justice in Otsego County?

The Honorable Michael V. Coccoma.

And who is the attorney for the Otsego County Department of Social Services, one of the main witnesses in the case, with an interest to protect themselves from liability of being accused that they have put people into the supposedly unsafe housing, using taxpayer money?

But, of course, it is Judge Michael V. Coccoma's own wife Ellen Coccoma.

So, what, again did Judge Coccoma do once he got into the case where his wife's liability is at stake?

This is what he did:

Figure - the City of Oneonta (Attorney David Merzig's wife) is the petitioner/plaintiff in the case, but the judge, coincidentally, the husband for another witness in the case, DSS attorney Ellen Coccoma, orders that the burden of proof is not on the plaintiff, but on the defendants in the case.


Do you think Judge Coccoma momentarily suffered an episode of dementia?

Forgot who carries the burden of proof in civil litigation?

Which is certainly not the defendant.

Of course, not.

The old corrupt fox is just trying to get his not-so-bright wife out of the mess - as he did many, many times before. 

So, he demands that the burden of proof is now on defendants, leaves the case and assigns to it the County Judge John F. Lambert 

whose position as 

  • an Acting Supreme Court Justice (appointed for one year only, subject to re-appointment by Coccoma), and with it, the salary and status increase, as well as being
  • "supervising judge, DWI parts, 6th Judicial District", also subject to cancellation by Coccoma, and as
  • "supervising judge, problem solving courts, 6th Judicial District", position also subject to revocation by Judge Michael V. Coccoma,

rests entirely in the hands of the husband of one of the witnesses in litigation (Ellen Coccoma), Judge Michael V. Coccoma.

So, what does Judge Lambert do after his benefactor sicced him (oh, no, assigned him) to the case of City of Oneonta v Pervu?

Of course, Judge Lambert is starting to do everything in his power to preserve his salary and status, the law be damned.

Same as he did in Delaware County.

There, Lambert has first found that Barbara O'Sullivan, in Delaware County Court, was unlawfully charged with a felony based on forged arrest warrant, and after pointing out that the town justice who supposedly issued that warrant lied in his own testimony under oath (and the charges were fabricated because a police officer illegally employed by the Delaware County Sheriff's Department, because his uncle worked in the District Attorney's office, was the perpetrator of a crime of vehicular assault against Barbara O'Sullivan - who also assaulted another woman who looked like  Barbara, in Broome County, and the lawsuit of that woman in federal court was settled right on the eve of a jury trial).

Derek Bowie, the police officer in question, was after that booted by the Delaware County Sheriff's Department - but was eagerly picked up by the Deposit Town Police and is still "serving" us, unfortunate buggers.

Look at Derek Bowie's glorious career - as demonstrated by his salary dynamics, shown at - the career saved by Judge Lambert, by dismissing, on frivolous grounds, the case Barbara O'Sullivan already won, by default, from money damages, being booted from the police force, for good, charged for vehicular assault for attempted murder of Barbara O'Sullivan, Alecia Bracci and the unborn baby, as well as for the assault and attempted murder of Kylie Smith, not to mention forging arrest warrants, trespasses, tasering the family dog, unlawful incarceration of Barbara O'Sullivan and Alecia Bracci, perjured testimony, forged application for workers comp etc. etc. etc.

And now, in a chart form:

See Bowie booted from Delaware County Sheriff's Department in 2016 - and the Village of Deposit instantly picking him up, but only for half his previous salary?

See the dynamics of police officer Derek Bowie's salary from 2009 to 2018?

Came from Deposit, returned to Deposit - but not to prison, thanks to Judge John F. Lambert's misconduct.


Because, when Barbara O'Sullivan sued the nephew of the Delaware County DA's longtime investigator Jeff Bowie, Derek Bowie, for vehicular assault and he defaulted - and the County (whose Sheriff has PERSONALLY SERVED his own employee Derek Bowie with the lawsuit papers) then used taxpayer money to try to reopen the default, frivolously claiming that it was "not put on notice" of the litigation - Lambert dismissed her lawsuit.


Because she did not comply with discovery asked by Derek Bowie.

Why didn't she?

Because her house was burnt down, likely, by that same Derek Bowie, to the ground, and she, her daughter and her then-unborn grandchild narrowly escaped, but one of their three dogs didn't make it.  And nobody investigated.  Because who would investigate - uncle Jeff Bowie will investigate nephew Derek Bowie.  Uncle Jeff Bowie would rather try to put the victims of nephew Derek Bowie in prison - as he tried, but failed, with both Barbara O'Sullivan and her daughter Alecia Bracci.  And, when he failed, the house where the documents were kept was conveniently burnt down, and firefighters who came to look how it is burning had no water, and nobody investigated anything.

And Judge Lambert dismissed Barbara's lawsuit because the defendant Derek Bowie, nephew of DA investigator Jeff Bowie, hs likely burnt down her house, together with the documents that he sought in discovery.

Easy, right?

But, Lambert kept himself in good graces of the local "law enforcement community" and continued in his position as a supervising judge in DWI and "problem solving" courts.

As is what he is doing now - trying to keep himself up in Judge Coccoma's graces.

Because Judge Lambert may also be a witness or target of an FBI investigation now, I wrote about it earlier - and, to keep his freedom, his law license and his judgeship, needs to do anything anybody is telling him to do.

Now, let's look at Judge Lambert's own salary dynamics.

A steady growth since 2012

See that his salary is directly tied to his position as an "Acting Supreme Justice"?

Meaning, if he is booted from that position to a "mere" County/multi-bench judge, he will be hit in the pocketbook?

And the person who can hit him is the Deputy Chief Administrative Judge Michael V. Coccoma, who

  • presided over the City of Oneonta v Pervu case initially;
  • ordered a reverse order of the burden of proof in the case, on the Pervus, not on the City of Oneonta - to protect his own wife and the wife of David Merzig, the Chairperson of the Board of Public Service, and who
  • after recusal, still assigned a judge to the case - and will keep assigning judges until he gets the judge who will do what Coccoma wants, or else.
Of course, Lambert's own financial well-being and ability to put his three children - one in middle school, two in high school

 - through college, living in style and with UNLIMITED power of people's families, properties and right to earn a living takes precedence over some pesky rights, as a matter of law, of some immigrants like Melania and Nicolae Pervu, in this case.

And this is the state of protection of public safety and of the "rule of law" in Otsego County, and in the glorious State of New York, ladies and gentlemen.

Protection from liability of 2 wives of local public officials and judges' pocketbooks supported or not supported by the local rich individuals (including attorneys) during elections is what governs the "rule of law".

Only greed and power.

Only career considerations.

Not your rights.

Remember that.

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