And, that payoff is that Rep. Delgado's private attorney, by "coincidence", City Attorney for the City of Oneonta, NY, where Rep. Delgado's new posh district office is located, through fabricated court proceedings, and with the help of a corrupt judge and his corrupt law clerk, have pushed the family of Romanian Americans, lawful immigrant owners of the Oneonta Hotel that housed the poor to stop housing the poor next to the posh new luxury office of Rep. Delgado and be forced by court-imposed fees to sell the hotel to (likely) Delgado-backing developers.
Not to mention that both respondents, Nicolae and Melania Pervu, are open and active supporters of Donald Trump, political opponent of Rep Delgado.
To see all articles of this cycle, please, type "Melania" in the search window on the right.
I hoped against hope that Judge Lambert would have the decency to recuse from this case where he has acted - and it is confirmed in the press - as legal advisor of one of the parties.
Unfortunately, that did not happen.
This article, the next article in the cycle #TheCrimeOfBeingNamedMelania, is about the super-incompetent and super-corrupt decision Judge John F. Lambert has made in this case.
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Everything in this judicial proceeding is wrong.
JURISDICTIONAL DEFECTS. GENERAL
First, the petition did not contain the names of the tenants - and, thus, should have been dismissed, as it does not satisfy due process requirements in foreclosure proceedings.
Second, the judge was disqualified from presiding over the case by Judiciary Law 14 (a jurisdictional statute), since his law clerk Mark Oursler (who, no doubt, then researched an penned Judge Lambert's final decision in the case)
- acted as a legal representative of the petitioner and
- gave legal advice to the petitioner to file a motion for contempt on a Show Cause (court's) order, as well as
- gave legal advice to the City as to
- what kind of evidence and
- what kind of recommendations for PUNISHMENT to include into their motion/application for Judge Lambert's order to show cause
The judge then signed the order - and now have found for his own client, the petitioner, whom the judge de facto represented in this proceeding through his law clerk, as reported by Oneonta City Attorney Merzig himself, in his interview to Allotsego.com.
This is a very clear case of judicial misconduct for which the judge should be taken off the bench and disbarred, together with his law clerk Mark Oursler.
New York State Judiciary Law 14, 16 and 17 prohibits a judge to also be an attorney in his own court and in the case he is presiding in and where he gives legal advice to a party.
Third, the attorney for the Petitioner, David Merzig, while pretending that he represents the City of Oneonta in this proceeding, pursues the interests and wishes of his private client Rep. Antonio Delgado, whom Merzig has been representing - and sharing his office with - since his election campaign.
- the petition was jurisdictionally defective - thus, any and all orders based on it other than an order of dismissal, are also jurisdictionally defective and void,
- the judge was disqualified since his law clerk acted as a legal representative of the petitioner, giving the City of Oneonta legal advice as to how to proceed in the case, and
- the City of Oneonta's attorney was disqualified, since, in these proceedings, he pursued, without disclosure to the court or opponents, interests of his private client, Rep. Antonio Delgado.
And it was meant from the very beginning as a punishment order - since Mark Oursler, when giving legal advice to the City of Oneonta's (and Rep. Delgado's) attorney David Merzig, specifically told them to include their "recommendations for PUNISHMENT".
Which means - it was never meant to be aa CIVIL contempt proceeding, it was meant from the very beginning to be a CRIMINAL contempt proceeding, without jurisdiction.
And, Mark Oursler and Judge Lambert who have authored the decision, quoting, for show, to CIVIL contempt case law, know full well that what they are doing is just putting a SMOKE SCREEN, so that the decision would LOOK legitimate - even when they know for sure that it is not. But, they also know that it is very expensive and very difficult to appeal the crap they have created, under the color of state law.
But, it also means, that - the court had NO JURISDICITON over a CRIMINAL CONTEMPT proceedings.
- defendants' right to remain silent;
- a burden of proof beyond the reasonable doubt.
* * *
- it was made upon a jurisdictionally defective petition, and
- it was made on a legal advice from the judge's own law clerk (which was documented in a mass media publication, with confirmation of that by City attorney David Merzig), instantly disqualifying the judge, and because
- the City attorney was pursuing in the case interests of his private client, Rep. Antonio Delgado, to get rid of the poor living next to his posh new district office, and, very likely, to get the prime real estate, the Oneonta Hotel, at a low cost, for developers backing him up, not to mention that
- proceedings were in the nature of criminal proceedings - seeking punishment only - and, thus, could be brought only by the County District Attorney and only through the action of the grand jury, which was not done.
- to file or not to file a notice of appeal with the Otsego County Clerk within 30 days of the decision,
- to serve or not to serve it upon the opponents, and
- to file or not to file the appellate record an brief with the Appellate Division 3rd Department within 9 months from the decision,
* * *
By the way - did you know that the U.S. Supreme Court has granted itself and all other judges in the country an immunity for violation of the law and for corruption, barring victims of such corruption from any remedy in a federal civil rights lawsuit?
Of course, there remain the (fake and non-existing) judicial discipline and the (non-existent) possibility that the former colleague of Judge Lambert, DA John Muehl who gets "victories" from John Lambert in criminal court will start criminal proceedings for corruption against Judge John Lambert, his law clerk Mark Oursler and their de factor client, Rep Delgado's (and City of Oneonta's) attorney David Merzig.
When hell freezes over, of course.