THE EVOLUTION OF JUDICIAL TYRANNY IN THE UNITED STATES:
"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.
Sunday, December 17, 2023
Attorney Gerard N Misk of Ginsburg & Misk has made a great "advertising" for himself and his law firm by having a lawsuit dismissed against him an embarrassing issue by two "former" attornets, one not even s native speaker of English. Good job, Mr Misk!
Monday, December 11, 2023
The tribal Delaware County (NY) and its County Atty Amy Merklen have finally had their comeuppance in a federal lawsuit against them, asking for actual and punitive damages against many public officials INDIVDIUALLY
A federal lawsuit has been filed against Delaware County, NY by a local newspaper represented by a powerful legal team, Cornell Law School 1st Amendment Clinic and Albany's legal giant Greenberg & Traurig, for restricting - surprise! - access of journalists to the county employees for news about issues of public concern ("the gag directive").
You may read the text of the Complaint here - highly recommend to read it all, very informative.
I have written extensively on this blog about the retaliative practices of Delaware County and its various public officials, against me, as a citizen journalist (legal blogger).
I am Exhibit 1 of the exact same type of retaliation sued for in the current federal lawsuit - so I am considering an intervention into the lawsuit.
I also have personal knowledge that Merklen is controlling with her illegal "gag directive" interaction of the Delaware County Clerk's office - over the heads of judges presiding in specific cases - with pro se litigants.
That is in regards to records in court cases, since Delaware County Clerk's office is the official custodian of such records, has a duty to transfer certain records to the Appellate Division on appeals, fails to do it timely, therefore, stalls appeals against people the County officials hate (like me and my husband), and refuses to talk about their activities with us sending us to discuss anything about our own court case and records there to Merklen (obviously in accordance with her sued-upon "gag directive").
What was hilarious was that the Delaware County Clerk's office has directed us, after talking to Merklen's office, to file FOIL requests to receive copies of our own court file.
Not Judiciary Law 255 requests, mind, but FOIL requests. Merklen is completely out of her mind - was never known for competence anyway, which is a valuable, if not the main quality for selection of a Delaware County employee: you must be loyal, stupid, incompetent and immoral, otherwise you won't be able to function and preserve your health in that employment.
Well, when people are stupid, they fail to be aware of their own illegal activities - especially when such activities were condoned for too long.
So - enjoy your reading.
And, here is a link to my previous blog about Merklen, just for you to understand the background of the author of the illegal "gag directive".
BTW - the beauty of the lawsuit is that it is very well researched, backed up with evidence, represented by a powerful legal team, and is asking for ACTUAL damages against all defendants INDIVIDUALLY, as well as PUNITIVE damages and ATTORNEY FEES - which, in the case of Greenberg & Traurig, may be very, very substantial.
And, the insurance policy of Delaware County has an EXCEPTION for coverage of intentional misconduct of county employees, so they will have to pay whatever is agaist them, out of their own pocket, which is very sweet, finally.
Saturday, December 9, 2023
A call for public attendance of an online court hearing to see why you can't get an honest and competent attorney to represent you in criminal, family state court and in civil rights cases: because attorneys are afraid to be dehumanized this way if the state who they sue too well takes their law licenses
People who would want to see a court hearing where a New York attorney Gerard N Misk of Ginsburg & Misk LLP will be arguing to the court that the loss of a law license (on political grounds in our case) must lead to a complete loss of a right to defend yourself in a property dispute, please, send me your emails by messenger or whatsup 1 843 240 7745.
Literally, attorney Misk has asked the court to deem all legal arguments coming from us, individuals with the collective experience of near a 1/2 century of practicing law, as bogus, and any evidence coming from us "incompetent", including public records, medical records, affidavits of us as witnesses and authenticators of photographic evidence made by us on our phones, and affidavits of our family members and a neighbor.
All because the State of New York was too afraid to keep us in practice because we litigated against the government for the people, including pro Bono, too well.
Here is the "hero", attorney Misk, attempting to litigate outside of the area in which he "concentrates" in his law firm (easement dispute):
And here is what this "hero" submits to the court:
It is apparent that, considering that the Harlems have rented, for decades, an office space to a recently retired local State Senator, simply removed - by fraud - a successful competitor (my husband) from the market.
Any document in this case is downloadable by anybody from any place on Earth with an Internet connection.
This is how he "walks", fighting cruel pain with every step, the man who has not only generously provided FREE legal consultations and often a free representation to the community in Delaware, Otsego, Chenango counties and to anybody who would call - for 37 years, the service that now is lost to the people. Look at his face - can you fake such a concentration to try to prevent un-preventable pain?
Mr. Neroni, as a result of his disabilities, suffers cruel pains at night, including debilitating, long, relentless leg cramps. The only thing that helps relieve those cramps at least a little bit is a muscle spasm spray, but Mr. Neroni cannot reach where it hurts on his own, it is I who is applying the spray every night.
Subject: | complaint about misconduct and potential bribery of Justice Joseph A. McBride, assigned justice, Delaware County Supreme Court, Berrian Inc. v. Frederick J. Neroni, Tatiana Neroni, EF 2023-322 |
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Date: | 2023-09-24 21:51 |
From: | nf@catskill.net |
To: | cjc@cjc.ny.gov, 6jd-res@nycourts.gov |
Dear Sirs
Attached please find the following documents:
(1) the e-docket as of today in the above entitled Delaware County Supreme Court Action that I have downloaded as a guest, as any other person with an Internet connection can do; this is not an appearance or waiver of any rights in this action;
(2) Justice McBride's court calendars in Chenango, Broome, and Delaware County Supreme Courts for October 13, 2023;
(3) Justice McBride's court orders, NYSCEF Docs. 21, 22 in Berrian Inc. v. Frederick J. Neroni, Tatiana Neroni.
COMPLAINT:
My wife and I, two retired and disabled individuals, are domiciliaries and residents of the State of South Carolina since 2015.
In May this year, we were sued in Delaware County Supreme Court by a corporation over an alleged easement dispute.
After recusals of two other local judges, Justice Joseph A. McBride, my opponent of many years in criminal cases as a prosecutor, was assigned to the case.
The case is currently at a pre-service stage, we are UNSERVED NONDOMICILIARY defendants who did not appear in the case in any way, shape or form.
A third party has notified us that Plaintiff has applied, without serving us properly with the motion, to extend time to serve the Summons and Complaint on us in South Carolina, and for expedient service by e-mail. The reason the third party notified us was because Plaintiff's counsel has dumped into public access our Social Security numbers, (NYSCEF Doc. 12, it was pulled on August 30, 2023 and returned into the docket on September 14, 2023, but remained within reach of identity thieves from August 16 to August 30, 2023) since New York court system allows anybody to download any files from e-filed cases for free, so now we are exposed to identity thieves thanks to Plaintiff's counsel's actions.
I have attached the court docket as of today showing that I did not so far oppose the pending purported motion, and I do not have to. I was not served with the motion, and the motion is clearly legally insufficient. Moreover, even if I decide to oppose the motion, it will not be an appearance on the merits or waiver of personal jurisdiction, and the court still has no jurisdiction to order my in person appearance in the State of New York, as the whole issue Plaintiff is litigating right now is to get permission from the court for extra time to serve my wife and me in South Carolina since its 120 days to do that expired as of September 7, 2023.
My copying of this complaint to the 6th Judicial District is not a waiver on the merits either, but a notification of the court administration of a potential bribery of a Supreme Court justice.
The complaint requests a judgment qualifying under CPLR 314(2), and even if my wife and I ARE served in South Carolina, the court still will not have personal jurisdiction over us.
Justice McBride appears to have received some improper encouragement from the corporate Plaintiff or its counsel, as I have received in the mail a letter claiming that I am "listed as an attorney for one of the parties" and that my appearance in person is required by the court on October 13, 2023.
Justice McBride has no authority whatsoever to order my personal appearance, as he has no power over me as an unserved non-domiciliary defendant.
It is very apparent that Justice McBride is actively helping the corporate Plaintiff and its counsel in this matter, as the unauthorized order of Justice McBride unlawfully directing my own and my wife's personal appearance in New York from South Carolina is an obvious setup that will resolve for the Plaintiff the current problem of being unable to acquire personal jurisdiction over us because we are out of state domiciliaries, CPLR 314(2). If we are served in court, that problem goes away, and Plaintiff's motion becomes moot. This is, apparently, Justice McBride's approach to resolving the issue - he simply undertook to represent the Plaintiff in the matter and use his non-existent in this matter judicial power over me to order a physical appearance of unserved nondomiciliary defendants in court, which is completely unheard of and stinks of a bribe.
I have attached Justice McBride's calendars for the day when he ordered my wife's and my own appearance 850 miles away from home, a 1700 mile roundtrip for Justice's McBride's pleasure.
Justice McBride has on that day motion calendars in the Supreme Court of three counties: Broome, Chenango, Delaware.
In Broome, Justice McBride has a long list of cases which are obviously, judging by their scheduled time at the same time at 9 30 am, scheduled to be submitted.
In Chenango, Justice McBride has a full calendar, both before and after noon. His last case in the morning is scheduled at 9 45 am and his first case in the afternoon is at 13 30, with 3.5 hours in between, which is barely enough for a roundtrip of 2+ hours to Delhi, NY and back, a public motion hearing in person, and a lunch. Our case is the only case scheduled in Delaware County Supreme Court for Justice McBride. The Plaintiff did not request a personal appearance, and we did not appear, so we obviously did not either.
It is very obvious that Justice McBride is going to appear virtually - while not announcing it to the public and not allowing public viewing of that virtual appearance - while setting us up to have us served by Plaintiff in the courtroom or on the steps of the courthouse, which is the only apparent reason for him to order our personal appearance.
I cannot pound it enough that since we were never served, Justice McBride has no authority over us whatsoever, whether we file an opposition to the current purported motions on submitted basis or not. The problem is that the personnel of the court may reject our papers on submission because of Justice McBride's scheduling order requiring that the appearance is in person.
This is a sua sponte order, Plaintiff did not ask for such an appearance, and Justice McBride certainly has no authority to order personally appearances in court of non-domiciliary unserved defendants.
That sua sponte order was issued on September 12, 2023, 5 days after Plaintiff's time to serve us in South Carolina has expired per statute, CPLR 306-b.
It is apparent that Justice McBride is acting in clear absence of authority and knows it well, and adamantly and is publicly abusing its non-existing power a corporate Plaintiff to gain jurisdiction that the Plaintiff cannot otherwise gain.
I am wondering whether Justice McBride was bribed by the Plaintiff or its counsel to make this outrageous unlawful order of personal appearance against non-appearing (as yet) unserved out of state defendants.
And, again, even if I or my wife appear in opposition to a pre-service motion to extend service, the court has no authority to order our personal appearance in the State of New York.
I request to investigate this potential bribery case.
As you understand, I am not going to stay silent about what I believe is an ongoing bribery of a Supreme Court justice, and will publish my complaint as I please.
I request to take this obviously dishonest judge off this case and off the bench.
Thank you,
Frederick J. Neroni
240 Harvest Moon Drive
Georgetown SC, 29440
Phone 843 461 3344
UNQUOTE
_________________
| Wed, Aug 30, 1:39 PM | |||
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| Wed, Aug 30, 3:14 PM | |||
|
Thank you for pointing out the error in the filing of Exhibit D. It has now been corrected,
with my apologies. With regard to the affidavits of attempted service, we do not believe
that they have been filed in bad faith. If you think that the request for alternative service
is not well founded, you can file opposition. Or we can short circuit the whole affair and
you can accept service and I will withdraw my motion.
Gerard Misk
Ginsburg & Misk LLP
215-48 Jamaica Ave
Queens Village, NY 11428
718-468-0500 X 106
GMisk@GMLawyers.net
P Please conserve and don't print this e-mail unless it's necessary.
Confidentiality Disclosure: The information in this email and in attachments is confidential and intended solely for the attention a
nd use of the named addressee(s). This information may be subject to legal professional or other privilege or may otherwise be
protected by work product immunity or other legal rules. It must not be disclosed to any person without our authority. If you are
not the intended recipient, or a person responsible for delivering it to the intended recipient, you are not authorized to disclose, a
nd must not disclose, copy, distribute, or retain this message or any part of it.
| Wed, Aug 30, 3:38 PM | |||
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| Wed, Aug 30, 3:44 PM | |||
|
Do as you wish. It is obvious that you would rather stand on ceremony than simply accept
service of a complaint you have already received.
As I said above, if you want to attend this court hearing, you can send your e-mail addresses to me by e-mail tatiana.neroni@gmail.com, messenger on Facebook, same name Tatiana Neroni, or whatsup 1 843 240 7745.
When I receive your email, I will arrange for your admission to the hearing on Dec 15, 2023 at 2 00 pm eastern time via Microsoft Teams.
Will appreciate attendance as support and as court observation - and public supervision.
For those who want to apply for attendance on their own, the link to request attendance is here:
https://portal.nycourts.gov/virtual-appearance-view-request/
Info about the case to enter into the request form:
Name of court: Delaware County Supreme Court, multibench
Case #: EF2023-322
Case name: Berrian, Inc. V Neroni.
You can download and view all materials in the case, including the motions that are to be reviewed at the hearing, by typing in Google:
NYSCEF guest search,
verifying that you are not a robot, entering my name, Tatiana Neroni, in the appearing search form and clicking the link when the case name appears.
Your attendance will be greatly appreciated.
Thank you!
Tatiana Neroni
.