One more point in favor of deregulation of the legal profession - talking to the regulator is like talking to a wall

I received today yet another "Affirmation in Opposition" from my disciplinary prosecutor Mary Gasparini.

In opposition to my uncontroverted assertion that Mary Gasparini disqualified herself by filing, as of January 28, 2015, criminal charges against me (dismissed before the initial appearance).

She would not have disqualified herself had she filed those criminal charges on somebody else's affidavit.

Yet, she has chosen to file multiple criminal charges upon her own affidavit, advancing those frivolous criminal charges as a prosecutor - and as the sole complaining witness - and as the alleged victim - a completely disqualifying set of roles.

In response to my assertion that Mary Gasparini is disqualified, she has provided the following "exhaustive" argument in paragraph 12 of her 2+ page "Affirmation":

"All remaining assertions regarding bias, disqualification, and recusal are without any factual basis or legal authority, are without merit, and should be therefore denied".

Mary Gasparini simply does not know how to answer factual assertions and citations to legal authorities in an attorney disciplinary proceedings (both of which were submitted to the court and served upon her).  Since attorney discpilinary proceedings in New York are so grossly unfair,  I understand that most attorneys find "alternative" ways of handling their disciplinary proceedings - either by admission to SOMETHING (whether they committed misconduct or not), just to cast the disciplinary inquisition a bone and to be able to escape with his/her law license, or by abandoning their practice completely, defaulting and thus allowing the disciplinary inquisition to take the law license and simply start a new life someplace else without that law license.

It is rare that an attorney fights the charges of misconduct for as long as I did, requiring the regulators to satisfy every procedural step and to make all substantive proofs - and the disciplinary committee did not meet those requirements.

Since usually attorneys do not litigate such charges, attorneys put in charge of prosecuting such proceedings obviously do not have to practice what they preach - professionalism, integrity, competence or adherence to ethical rules, or the rule of law.

Reading how Mary Gasparini asserts, again and again, despite the fact that both she and the referee were caught red-handed in using fabricated court transcripts, in not hearing the court-ordered hearing and thus defying the order of the appellate court, in submitting to the court, repeatedly, false statements in order to strip me of my due process right to work in my profession - and to provide help people through my professional services, reading all of that is absolutely surreal.

Did Mary Gasparini ever go to law school?

Did she ever pass the bar?

Did she ever take the oath of office as "an officer of the court", pledging to support the laws and Constitutions of the State of New York and the United States?

If she did, why does she continue to try to win a case where everything, from start to finish, constitutes fraud and shameful political persecution and where she must clearly see that no proof of my misconduct was provided to the court?

Why insist that "Judge /sic/ Sirkin found /sic/ that Respondent's pleadings did not raise any issue of fact, and therefore an evidentiary hearing on the petition is moot" if the ONLY duty that REFEREE Sirkin was supposed to discharge is hold the evidentiary hearing in question?

Mary Gasparini does not know how to read?

Or, Mary Gasparini refused to read the section of the New York State Constitution, Article VI paragraph 4 subsection (b) that provides that only a quorum of 4 appellate justices, with a concurrence of three such justices, can make decisions in the appellate court.

Therefore, Referee Sirkin (he is a RETIRED judge, and was never an appellate judge by the way, so he could never even be appointed as an appellate judge after retirement under New York law) had no authority to "find" anything ON THE PLEADINGS - WITHOUT A HEARING.

Well, at least, Mary Gasparini admitted in that statement that an evidentiary hearing that was ordered by the court was not held by referee Sirkin - and that referee Sirkin did make a decision to forego the evidentiary hearing, a decision that referee Sirkin had no authority to make.

Now we will see how the court will deal with the referee who refused to abide by the court orders.

The interesting part is that Mary Gasparini, with the help of the referee, is defying a court order ordering an evidentiary hearing in my proceeding, while at the same time has the audacity to pursue me for allegedly not "obeying an order of the tribunal" and not paying sanctions imposed upon me by Judge Becker after I sued him - that same Judge Becker who is, for some interesting and undisclosed reason, hastily abandoning his position 3.5 years before mandatory retirement.

What is the point of regulation of the legal profession if all that the regulation does is seeking to free the legal profession of those who truly work and truly provide to people actual valuable services, often for free or at a reduced rate - while helping out people who do not or would not accept the letter of the law as it is written if that letter is against their wishes and against the wishes of those who hold the key to their career advancement.

And they insist, as Mary Gasparini does, that all of that pretense for "justice" must be done behind closed doors, away from the very public Mary Gasparini is pretending to be protecting.

It is easy to state, in a conclusory manner, that "all remaining assertions ... are without any factual basis or legal authority".  The little problem is that - all assertions that I am making are, in fact, based on competent evidence and mandatory legal authority.

But, talking to Mary Gasparini is like talking to a wall.  Being a prosecutor - and a complaining witness - and the alleged victim in the dismissed criminal proceedings - Mary Gasparini simply does not know how to be impartial and professional with me, or how to rebut factual assertions and mandatory legal authorities with anything but conclusory statements.

We will see how the court will handle this epic mess on May 26, 2015.

Stay tuned.

The epidemic of selective illiteracy - or should we say selective misconduct - amongst state and federal American judges continues

I am sure that I am not the only person who has experienced on herself, as a litigant and as an attorney, this "phenomenon" - selective inability of judges, state and federal, to read.

The recent most interesting examples of this phenomenon included:

(1) Judge Gary L. Sharpe, the Chief Judge of the Northern District of New York, who sanctioned me for inability to read the 11th Amendment and who directed me to read it and find there that citizens of their own states are prohibited from suing their own states by the text of the 11th Amendment.

I read the 11th Amendment before and after that directive was made to me, before and after sanctions were imposed upon me, and I am still unable to find in it something that is not there.  Yet, Judge Sharpe did find there something that is not there - and sanctioned me based on his findings.

(2) The most recent case - Judge David Guy, originally of the Broome Surrogate's Court, assigned to the Delaware County removed Supreme Court case, but fighting an illusion that he was assigned to the Surrogate's Court case and ordering me and clerks of two courts to read the clear and unambiguous order of removal and of assignment of Judge Guy to the assigned case as if the order was erroneous, the case was not removed, and Judge Guy was assigned to the Surrogate's Court case.

(3) Judge Robert Mulvey, the Chief Administrative Judge of the 6th Judicial District, in one of the cases that I had in front of him, could not read submissions of my opponent who admitted that my client was incapacitated and incompetent (in a coma) and submitted to the court a court order of incapacitate from another state.  Under such circumstances, by statute, jurisdiction of the court, Judge Mulvey abated, and my authority to represent the incompetent  but Judge Mulvey made a decision that I did not provide to the court enough evidence of incapacitation of "my client" and made a decision against a person in a coma whom I could not, as a matter of law, represent, and told Judge Mulvey on record that I am not representing him, because he is adjudged incapacitated and his legal representative was not substituted.

Judge Mulvey was so upset by a lawsuit against him on behalf of my husband (and by my prior lawsuit against him on behalf of my husband, myself and another client) that Judge Mulvey could not even read correctly documents submitted to him by my opponent regarding incapacitation of my former client whom I could not continue to represent, as a matter of law, CPLR 1015, after his incapacitation occurred.

(4) I cannot say enough about selective blindness of Judges Elizabeth Garry, Molly Fitzgerald, Carl F. Becker (after a documented ex parte communication with my client's opponent's counsel), Kevin Dowd (after a documented ex parte communication with my client's opponent' counsel), Ferris Lebous (after a documented ex parte communication with my client's opponent' counsel) and of judges of the Appellate Division 3rd Department who affirmed decisions of judges Garry, Fitzgerald, Becker and Dowd, allowing the case Mokay v. Mokay to proceed - only because it led to the premature disbarment of my husband (without a hearing) and because they wanted to have that disbarment to continue.

Those elaborate 8-year efforts may be screwed at this time.

On April 7, 2015 Judge Dowd held an ex parte, secret bench trial where Judge Dowd,  subpoenaed by me as a trial witness, 

1. presided (which he had no right to do due to his disqualification because he was a subpoenaed trial witness), 
2. quashed subpoenas of my witnesses, 
3. disregarded my doctor-ordered medical leave, 
4. declared that I waived my client's right to a jury trial by not appearing at a scheduled trial when Judge Dowd knew my non-appearance was due to a documented medical disability, 
5. declared subpoena against himself and his secretary and law clerk "nullities", 
6. dismissed the jury;
7. conducted a non-jury trial himself;
8. had the court personnel mislead members of the public who wanted to observe the trial to prevent them from observing it, 
9. used the Facebook-friend-of-judge's-law-clerk stenographer,
10. admitted "documentary exhibits" (based on "non-jury trial minutes" that I obtained from the court clerk) at a sped of 19 seconds per exhibit

and may have done much more, based on documentary evidence of his ex parte communication in the Mokay case.

Judge Dowd engaged in ex parte communication with my opponents once, and I have documentary proof of that.

Thus, nothing would prevent him from doing that again.

So, the whole trial is not only illegal 

• because it was ex parte, 
• because it was tainted by secrecy, 
• because it was tainted by the judge subpoenaed as a witness presiding over the case (Judge Dowd, by the way, never moved to quash subpoenas against himself or his secretary and law clerk), but also 
• because there was no assurance that what the record created by the friend-of-the-law-clerk stenographer has any integrity to it, or that Judge Dowd is not engaging, as we speak, before he made the judgment on the case, in further ex parte communications with the Mokay plaintiffs and/or their counsel, as Judge Dowd and/or his office appeared to have done before - from documents I have on file.

All that mountain of work done by Judge Dowd and by Richared Harlem - with what incentive for Judge Dowd in mind, I do not know, maybe just out of hatred to me and my husband who sued him and exposed his incompetence in a pro se federal lawsuit - may become undone by the perjury of Daniel Mokay who, a month after the Mokay trial concluded, stated under oath that the essence of the case was misconduct of Daniel Mokay's father, the decedent.

On May 6, 2015 Daniel Mokay claimed under oath the following:

Since Richard Harlem and his father, retired judge Robert Harlem undertook to represent the decedent (his Estate) in February of 2006, Richard Harlem and Robert Harlem could not undertake to represent children of the decedent advancing a claim that their father committed misconduct and took what he was obliged to give to them, and ALL of Richard Harlem's legal fees, no matter what the number is, must be forfeited as a matter of law because of that irreconcilable conflict of interest, now confirmed, after the trial, as a new evidence, by Richard Harlem's client in the Mokay action Daniel Mokay.

Now let's see if judges will claim they do not know how to read the confession of Daniel Mokay or do not comprehend its meaning or implications for the Mokay case.

Judge Guy continues on his path of - what? Self-destruction or arrogance hoping for complete impunity? Future will show which one it will be

Received yesterday a letter that I already published on this blog, by Judge Guy, dated May 12, 2015, the date when I notified Judge Guy that I know that he is acting in clear absence of all jurisdiction when he made claims to me he is presiding over a case in the Delaware County Surrogate's Court.

As I wrote here before, according to the order of removal and assignment made on April 3, 2015 and filed in the Delaware County Surrogate's Court but never provided to me until I found it myself, the case was removed as of April 3, 2015 to the Delaware County Supreme Court, and Judge Guy was assigned to that removed case in the Supreme Court.

After having learnt that I know of the order of removal and assignment, Judge Guy stubbornly proceeded instructing the clerks of both courts, the court from where the case was removed and of the court where the case was removed, that the order of removal is "erroneous".

To me, Judge Guy has sent a letter denying my request for adjournment (that I made before I learnt that Judge Guy is acting without jurisdiction in the Surrogate's Court).

I already answered that letter by e-mail when I received it e-mail, and that was 4 days ago, and I indicated to Judge Guy that I am abiding by the court order of removal, and to me all his directives in the Surrogate's Court are void.

The only order of assignment of Judge Guy that I have at this time is the one of April 3, 2015.

Judge Guy, who received my response and request to step down from the case because he appears to be unable to read and comprehend such a simply thing as his own order of assignment and attempts to change rules for the only reason that he has been caught breaking them, did not grace me with an answer to my request to step down.

This case is important not only for me.

It is important for pro se litigants who do not have a voice such as my client has, through me as a trained (and independent) attorney, to oppose judicial misconduct of this kind.

Note that Judge Guy stubbornly orders me in his May 12, 2015 letter that he has sent to me by e-mail and mail on May 13, 2015, that my service of process in the Surrogate's Court (the court from which Judge Guy knows the case was removed on April 3, 2015) must abide by the Surrogate's Court Procedure Act (SPCA).

Note that Judge Guy stubbornly claims that the case remains on the calendar of the Delaware County Supreme Court for May 22, 2015 when it was removed from that court's jurisdiction by clear order of Judge Guy's superior, Judge Mulvey, as of April 3, 2015.

The court order of removal and assignment clearly indicates that as of April 3, 2015 the case is in the Supreme Court, and thus I must abide by the CPLR (Civil Practice Law and Rules) and not the SPCA in how the case is served and generally how I need to prosecute it.

Does Judge Guy not know how to read?

Of course, he does.

He simply does not WANT to read what implicates him in misconduct.  And he wants to change the rules, in arrears, so that he is no longer implicated in misconduct.

And that is the problem not specific to me, it is a problem of the entire judicial system of this court and this country - that immunity/impunity of judges, even for malicious and corrupt acts in office, breeds this kind of arrogant disrespect to the law and litigants' rights in judges.

Stay tuned as to how events developed.

A suggestion to start undoing immunities of all kinds

In New York, judges have to file semiannual (every half a year) financial reports.

Every time I tried to get those reports I was (1) stalled by the New York State Court Administration, (2) sanctioned or badmouthed in court proceedings by the very judges whose reports I was seeking.

What the New York State does NOT have - and should - is the requirement that all government officials file financial reports, readily available for public review, and not only of their own finances, but of finances of their significant others - being that spouses, girlfriends/boyfriends, or partners of either gender, and their relatives related to them to the 6th degree of consanguinity and affinity.

I am not asking for much, actually.

New York rules of disqualification of jurors as fact-finders already allow disqualification based on consanguinity or affinity to the 6th degree.

Rules of affinity actually need to be changed based on the changed concept of a family in New York and in the United States, where marriage is no longer a requirement for a family to be formed, exist and include ties with the extended family on both sides as strong as if the couple is married.

I am the witness of this process as an attorney representing both married and unmarried parents in Family courts in cases of custody of children, where there is no difference in vigor, sometimes vehemence, and strength of family ties with the child is demonstrated by the members of extended family without any relevance to whether the parents of the child are married or not.

Public must be able to know potential conflicts of interest of their public officials, and especially judges.

At this time, the public is stalled (as I was) in obtaining financial information from the New York State Court administration regarding judge's semi-annual financial disclosures.

At this time, the public is prevented and chilled by the increasing trend of sanctions against civil rights victims/plaintiffs in civil rights actions brought against judges and prosecutors from conducting discovery of that misconduct, from being able to call judges and prosecutors to depositions and having an ability, as litigants, to ask them questions that have to be answered under oath and subject them to scrutiny of jurors (and not fellow judges) as fact-finders.

It has been in the news that judges react by pressing charges (sometimes by abusing their power) against members of the public who came to the judge's home address to talk to the judge and address their concerns.

Relying on the decoy system of judicial and prosecutorial discipline is, of course, a joke, and the public knows it is a joke - where attorney disciplinary committees are never pursuing prosecutors for misconduct, no matter how bad and where and committees for judicial conduct, populated predominantly by judges and by attorneys whose licenses and livelihoods are in the hands of judges, thus creating irreconcilable conflicts of interest from the very beginning.

The only way the public will be able to know about judge's behind-the-scenes deals is simple enough:

1. push the state legislators - or push for an amendment to the state Constitutions, if legislators (dominated by the legal profession that is dependent for its livelihood on being on good terms with the judiciary) are unwilling to make necessary changes, to introduce a degree of transparency necessary for the public, the sovereign at both state and federal level, to conduct its own investigations:

A. prohibit restrictions on the use of videotaping of court proceedings by private citizens without the necessity to seek permission or give advance notice for doing such videotaping, in other words, permit spontaneous and surreptitious videotaping of open court proceedings by court observers.

B. Mandate judges who discharge functions of fact-finders (and all judges do, especially judges in administrative proceedings, special proceedings and proceedings in Family Court and at criminal pre-trial hearings) to file and make readily available to the public not only their own financial reports, but reports of their family members to the 6th degree of consanguinity and affinity, affinity understood broadly to mean the actual committed relationships and not only marital relationships.

Then, it will be easier for the public to oversee what now has become a monster of corruption, including judicial corruption, a monster that is protecting its existence through its mostly usurped power and through its secrecy and by creating bars for the public from accessing information.

I predict claims of violation of privacy by judges and other public officials.

I have a very simple response to those claims:  if you want to preserve your privacy, and that of your family, do not run for a public office.  Once you did, you and your finances are in the public domain, and must be disclosed to people who allowed you to rule them.  It is the condition of giving you that consent to rule.  If you do not want to satisfy that condition - do not opt for the job (a well-paying job, paying times more than the average income in this country, a job with a lot of power and a lot of benefits).

The government still wins its point whenever justice is done its citizens in the courts?

In a case decided in 1963 the U.S. Supreme Court made the following statement:

"The United States wins its point whenever justice is done its citizens in the courts", Brady v. Maryland, 373 U.S. 83 (1963).

The decision was made on the height of active civil rights movement and public unrest, 5 years before the assassination of Dr. Martin Luther King Jr. in 1968.

The U.S. Supreme Court, a court that is supposedly independent and that must supposedly act in a dispassionate manner, made several decisions helping (for the time being) criminal defendants get justice.

Of course, it did not prevent the same U.S. Supreme Court to wash out the value of those victories by later interpretation, which resulted in a system where wrongful convictions have become the rule rather than the exception.

It is important to note that the case Brady v. Maryland was a state, not federal criminal case, and in that context, by quoting the statement about the U.S. government, the U.S. Supreme Court applied that statement to state government's too, which is what was only fair to do under Equal Protection and Due Process Clauses of the 14th Amendment to the U.S. Constitution.

And that statement, that the government (state or federal) wins whenever justice is done its citizens in the court, is true for criminal, or civil, or and especially civil rights case context.

In that same context, I am asking questions:

• What justice is done the victims of governmental misconduct and corruption when members of the government (state or federal) are granted absolute immunities for their malicious and CORRUPT acts in office?  What kind of "public policy" would support allowing malicious and corrupt acts of public officials in office remain unaccounted for, because, seriously, they are not accounted for if they are not made public - and if the public does not go massively and seriously to the streets and, now, to the social media demanding accountability

• Moreover, what justice is done the victims of governmental misconduct and corruption if they are also made to pay attorney fees and sanctions (an increasing trend in civil rights litigation) for even filing their civil rights lawsuit to ask the courts (as they thought they could pursuant to the 1st Amendment Petitions Clause) to do justice for them and to rule fairly?

• What justice is done if the courts would not want to hear whether a government official (especially a government official of the same class as the court, a judge) did or did not actually commit the misconduct he is sued for, and would not allow discovery?

• What justice is done if a mass of auxiliary workers serving the judge (or prosecutor, another class of recipients of absolute immunity for corrupt acts in office) are also given judicial immunity - and that is done without the parallel promise (even though a fake promise that it is) of a possibility of judicial discipline and without the parallel requirement (although made ineffective) of having judges file their financial disclosures with the court system (every half a year in New York)?

Just questions this time, no answers.

And does it have to be public unrest, civil rights movement led by a leader of the caliber of Dr. Martin Luther King Jr. for this country's courts to even try and start doing what is fair for its citizens - for fear that otherwise citizens will eliminate the government as it exists, including that court, and start anew?

19 seconds per exhibit! Judge Kevin Dowd makes record speed in accepting multipage exhibits at the ex parte secret trial without looking at them

I obtained the "non-jury trial minutes" from the Delaware County Supreme Court for the trial that was held by Judge Kevin Dowd (subpoenaed witness in the case) ex parte, after Judge Dowd diagnosed me without seeing me and rejected my doctor's diagnosis as being "without merit" and deeming me not appearing at the trial without good cause (of course, an immigrant female attorney may not have a good cause not to appear at Judge Dowd's trial, even with a properly diagnosed medical injury, it is only American-born male attorneys who are given adjournments for medical reasons for the asking by Judge Dowd).

The non-jury trial minutes copy of which I received directly from the Delaware County Supreme Court Clerk, did not have a stamp that it was filed officially with the court, and the index of the case Mokay v. Mokay did not have an indication, as of yesterday, that the non-jury trial minutes made (allegedly) on April 7, 2015 were filed with the court:

The "non-jury trial" (jury was dismissed because Judge Dowd deemed that I waived jury trial for my client by injuring my back and not appearing for that reason) started at 10;39 am and evidence was closed at 1:24 pm, with a lunch break from 11:57 am to 1:15 pm.

Thus, the net time of the trial for receipt of evidence was 1 hour 18 minutes before noon and a whopping 9 minutes in the afternoon, for the total of 1 hour 27 minutes.

That is, ladies and gentlemen, 87 minutes of the court's valuable time that was spent on the trial.

During those 87 minutes of the court's valuable time the court (Judge Dowd) accepted: 

• 273 documentary exhibits, of those 240 exhibits were accepted, without any foundation testimony, at the opening of the trial, 
• 22 exhibits were received during testimony of Richard  Harlem, Esq., in a peculiar manner - the exhibits were first received and only then offered to Richard Harlem for identification
• Then, the witness on the stand offers 7 exhibits without foundation testimony, and they are received, and then
• Richard Harlem identifies 2 "business records" (billing records" and they are received.

I have to say that Judge Kevin Dowd, probably, made it into the Guinness book of records in the speed with which he accepted 273 documentary exhibits contained in several large boxes, during the time period when the judge was not able to even read those exhibits and see whether they are relevant to the trial.

87 minutes to accept 273 multi-page documentary exhibits.

That is, 19.12 seconds per exhibit.  Record speed! Way to go, Judge Dowd!

Of course, the judge did not care whether anything Richard Harlem offers is relevant to the trial, Judge Dowd would have accepted against my husband anything at all, whether relevant or not, as long as it was against my husband.

It is not surprising that Judge Dowd instructed court security to mislead the public that the trial was concluded when the jury was dismissed, so that nobody would see the particulars of how the judge DID NOT read what is offered in evidence to the court - because he COULD NOT read multi-page documents at the speed of 19.12 seconds per each, it is simply not physically possible.

We will see what kind of ex parte decision the ex parte non-public trial produced.

That, ladies and gentlemen, was a definition of a "speedy" trial - I only wonder why Judge Dowd bothered to come to conduct it.  He could just as well have ordered Richard Harlem to deliver boxes of evidence into his chambers, he accepted additional evidence in his chambers from Richard Harlem anyway.

But the Attorney Hartmann, a seasoned lawyer, actually asked the court what Attorney Hartmann knew the court had no authority to give to him - a continuation of jurisdiction over the trial on damages, after the trial on damages was over, to submit evidentiary materials post-trial and to hold additional hearings on damages post-trial.

I am holding my breath whether Judge Dowd will grant that request.

Nothing is impossible for Judge Dowd when he is trying to bend over backwards for a son of a judge Richard Harlem - and to exact revenge against my husband for suing Judge Dowd and exposing him as incompetent, which this trial only confirms tenfold.

Appellate Division 4th Department - Oh, what a tangled web they weave when first, second, third, etc. time they practice to ... mislead and discriminate against litigants the court does not like

Here is what I received today from Appellate Division 4th Department:

The letter is in direct contradiction to the previously issued directive to the Grievance Committee to file an Affidavit of objections to open proceedings to the public.

Before Ms.Gasparini filed her affidavit and before I had an opportunity to respond to it, the court already made a decision - through its clerk Ms.Carafell, and refused to produce to me an order of the court refusing to open court proceedings to the public, in compliance with New York State Constitution, Article VI, paragraph 4, subsection (b) (requiring that all decisions of an appellate court must be made not by its clerk, but by a quorum of four appellate justices with a concurrence of three appellate justices).

So, in the 4th Department it is the clerk making orders and interpreting the applicable law.

Interestingly enough, the 4th Department allows Mary Gasparini, an employee of that same court, to continue prosecuting the civil disciplinary case after Mary Gasparini filed a botched-up criminal proceeding (that the court had to dismiss before the initial appearance date, it was so bad), where Mary Gasparini was the prosecutor, sole complaining witness and the alleged victim, making Mary Gasparini absolutely disqualified from prosecuting the disciplinary case.

Obviously, the court is ok with this situation.

The only thing that the court is concerned about is how to keep the public and the press away from my disciplinary proceedings so that it does not witness a hearing of the PROSECUTION's motion to confirm that FABRICATED referee's report based on UNAUTHORIZED "decision" by the referee and upon FABRICATED court transcripts - which is uncontroverted.

After dismissing the criminal proceedings sua sponte on May 11, 2015, the clerk of the court has the audacity to tell me that I "voluntarily" decided to make my motions to disaffirm and for other relief on submitted basis, and not because I was forced, by the fact that Mary Gasparini's fabricated criminal charges against me, to "choose" whether to appear on the civil motion and at the same time run the risk of being arrested and locked up for the crazy charge of violating my own privacy - and possibly die in jail, because nobody at this point can guarantee my safety when in the custody of the New York State government, or whether to make the civil motions on submitted basis.

It is a real choice, I know.

After having taught Mary Gasparini how to properly file criminal charges against me - which Mary Gasparini, in view of her utter incompetence, failed to do anyway - the court now tells me that because I "chose" to make a motion to disaffirm on submitted basis, I cannot now ask that the proceedings, whether on submitted basis or otherwise, be open to the public.

The court does not recognize that the prosecutor MAY NOT make a motion to CONFIRM the referee's report on submitted basis, that such a motion can be done ONLY with a due process hearing in view of due process issues of my interest in my livelihood and reputation involved.

So, apparently, a hearing on the prosecutor's motion TO CONFIRM is a must - with the respective request to open that hearing to the public, even if the court chooses to exercise selective blindness and claim that my pending cross-motions were "voluntarily" filed on submitted basis only, even though I was forced to do that by Mary Gasparini's frivolous criminal charges - dismissed sua sponte before the initial appearance on those charges when I started to press the court to open all proceedings, including the criminal proceedings, to the public and the press.

We'll see what the "honorable" court will do next.

Stay tuned.

PS  By the way - note that this letter dated May 13, 2015 does not bear the usual stamp CONFIDENTIAL on top of it - so the proceedings are now open to the public, even though Ms.Carafell is pressuring me to jump through additional hoops to have the proceedings open to the public, even though the only thing the law requires of me is make a request to open and waive my privacy (which I did numerous times)?