In the Mokay case, pre-judgment and denial of access to the court records is the rule of Judge Kevin Dowd's court

The mixed issue of law and fact as to what could or could not constitute damages in the Mokay trial was supposed to be decided by the jury, and a litigant cannot be held to have waived his state constitutional right for a jury trial becuase his counsel got sick and was diagnosed by her physician as such, with a legitimate release from work that no court can overrule without seeing me and without trying the issues pertaining to my illness.

Apparently, what the jury was supposed to decide was prejudged years before the jury trial was supposed to happen (and it is still supposed to happen in the future, because the ex parte trial in the Mokay case is clearly illegal and the judgment from that trial must be overturned - and I will ask the NYS Commission for Judicial Conduct to take Dowd off the bench for his shenanigans in this case, as well as I am going to ask the feds to investigate if Dowd got a cut from the $300,000.00 judgment he imposed as a result of the ex parte trial). 

Judge Becker pre-judged the issue of damages, before even going into the damages trial, in 2012, the Appellate Division 3rd Department prejudged the issue of damages in 2013, and Judge Dowd rubber-stamped those two decisions on June 12, 2015.

That is just one reversible error out of many that Judge Dowd made aplenty in the Mokay case.  So far, I counted more than 30 reversible errors, and my analysis of the case is far from complete.

I will publish a full table of issues that constituted, in my view, reversible errors (with legal grounds for my view) a little later.  By the way, Dowd and other courts that decided those issues, never bothered to provide any legal grounds for not following the law throughout the litigation in the Mokay case.

Which brings me to this thorny issue.  There are simply too many of mistakes, for them to be a coincidence, when stakes in litigation are so high and when the only damages claimed are legal fees of a conflicted law firm headed by a son of a judge.

When a judge decides one, or even several issues, not many, against the law, even when judge makes a couple of reversible errors - that is bad, but does not necessarily smack of corruption.

When a judge disregards, ignores or shrugs off as "brouhaha" every single law applicable to the case, state or federal, constitutional and statutory, rules of ethics and civility, lack of proof in the record - only to award nearly half a million in judgment in a case when not a penny could be awarded as a matter of law - that SMACKS of corruption to me.

Moreover, when Judge Dowd attempted to punish me for not appearing at a trial for being injured and having a doctor's diagnosis and medical release from work (and Dowd had my doctor's report a day before trial, and injuries happen without asking us when to happen), and when Dowd attempted to punish me 6 days after his final decision in the case (when, if he claims he had jurisdiction to conduct a trial without my presence, he lost jurisdiction in the case after he made the decision on damages), Dowd really hit the bottom of judicial misconduct.

Moreover, the attempt to punish me "coincidentally" came on the same date when I commented on Judge Dowd's incompetence in this very case, (see here and here) which appears far from being coincidental to me (see also my blog here).

When Dowd directed the court not to give me access to trial exhibits that were admitted by him "in bulk" on April 7, 2015 (at least that is what the trial transcript shows), after he already made his decision based on those exhibits and after they no longer were or could be in use by him - when his jurisdiction over the case ceased, as of the date of his final decision of June 12, 2015 - that is only proving that something is rotten.

By the way, Dowd's office so far ignored my request for Dowd's vacation schedule that I made yesterday, and Delaware County Supreme Court Clerk Kelly Sanfilippo ignored my request for access to the file or for an explanation why access was denied.

Yet, issues that I raise in the Mokay litigation are all issues of public concern, and I will do my best to get to the bottom of misconduct and, in my view, corruption in this case - for the benefit of my client, and for the benefit of the public.

Sent an email to Judge Dowd's secretary requesting dates of Judge Dowd's vacation that allegedly ended on April 7, 2015

Judge Dowd's chambers have failed to communicate to me as counsel in the Mokay case that Judge Dowd was on a vacation out of state immediately before the trial and thus could not handle my pre-trial requests.

I FOILed Judge Dowd's vacation schedule with the NYS Court Administration and asked Judge Dowd's secretary, by e-mail, to give me Judge Dowd's vacation dates for the vacation that allegedly ended on April 7, 2015.

I wonder what the answer will be, if at all.

Stay tuned.

Delaware County Supreme Court/ Judge Kevin Dowd continue to deny me access to trial exhibits upon which Judge Dowd based his decision in the Mokay case

On May 22, 2015 Kelly Sanfilippo, Court Clerk of the Delaware County Supreme Court denied me access to trial exhibits admitted by the court on April 7, 2015 in the Mokay trial, and of the list of exhibits created by herself that she said she had, but did not file waiting for the decision in the case.

Prior to that, Richard Harlem's office "allowed" me access only under supervision of his paralegal, to be paid by my client at over $100/hour (review required at least two full days - it was two full boxes of certified records claimed to be from the Delaware County Clerk's office).

I asked the court to compel Richard Harlem to file the records allegedly certified by the court's clerk Sharon O'Dell with the court where such certified records belonged.  The court did not indicate to me whether the judge was on a vacation or not at the time of my inquiry, but Claudette Newman indicated to me that the judge may not grant orders based on letters. 

Judge Dowd did grant orders based on letters before and after my letter, only to Richard Harlem and NYS Attorney General, Judge Dowd's own counsel in a case where AG's office represents Judge Dowd sued in his individual capacity.

Access  to trial exhibits was denied to me by Sanfilippo on May 22, 2015 despite Sanfilippo's admission that exhibits were on file in her office and despite my request to review exhibits under supervision of court personnel.  Sanfilippo also could not conclusively state that the judge was going to be at the courthouse on my requested review date, so there was no indication that I would interfere, by reviewing the trial exhibits, with the judge's work on the decision.

Nor was there any indication that I would be able to tamper with exhibits, since the request was made to review the exhibits under supervision of Sanfilippo's office and Sanfilippo was willing to provide such supervision and made an appointment for me initially (until she talked to Judge Dowd, called back and cancelled the appointment).

Sanfilippo advised me that there was no written order from Judge Dowd denying me access to the file or sealing the exhibits, when I asked for a written order.

The decision in the case arrived yesterday.

Today I called Sanfilippo's office once again.

First, I was put on hold by Sanfilippo's assistant for a long time.

Then, Sanfilippo's assistant told me that Sanfilippo was busy and will call me at a later time.

When I asked the assistant to deal with the issue of access to exhibits directly, since the decision in the Mokay case is already in, she said she will consult Sanfilippo.

After consulting Sanfilippo, the assistant told me that Sanfilippo still denied me access to exhibits.

I've sent an e-mail to Sanfilippo demanding access to exhibits upon which a court decision and judgment have already been made, exhibits ALLEGEDLY admitted into evidence by the court on April 7, 2015 ("allegedly" - because (1) the stenographer was a Facebook friend of the judge's law clerk who was subpoenaed as a witness in that case, because (2) a court observer from the public was misled by the court personnel into believing that the trial was over when the trial proceeding, thus precluding her from observing the trial, and because (3) my access to trial exhibits was blocked before and after the decision was made after the ex parte trial).

Stay tuned as to what, if anything, Sanfilippo will answer.

Judge Kevin Dowd's decisions during out of state vacations

In the transcript of the Mokay trial that I received recently, Judge Dowd acknowledges that he was not in the State of New York on the day immediately prior the day of trial, April 7, 2015:

Yet, Judge Dowd's law clerk Claudette Newman never notified me or Mr. Neroni of that fact and transmitted to me alleged instructions of Judge Dowd as if he was in office and not on a vacation, including an alleged order to appear on April 7, 2015 despite a legitimate medical leave from work, and a threat that if I do not so appear, the court will use "legal means" to "secure my attendance".

Very obviously, that threat could not legitimately come from a judge because the judge has no power to overrule a medical diagnosis even when in office.

When the judge is out of office, he has no authority to make any decisions, especially the decision threatening an injured attorney to appear despite her injury, or else her "attendance will be secured".

Yet, for Judge Dowd, he is always a judge, even when on vacation.

The law may differ with Judge Dowd's view on that point, but what is the law to Judge Dowd?

Judge Dowd indirectly acknowledged that he had no power, while on vacation, to issue any orders, by explaining that an Order to Show Cause (that was never submitted, as regular procedure requires, to the clerk of Delaware County before coming to the judge's chambers), was signed by another judge because Judge Dowd was on a vacation. 

Judge Dowd claims that the Order to Show Cause was signed by Judge Cawley "on [Judge Dowd's] behalf".  Yet, the Order to Show Cause says nothing about being signed on Judge Dowd's behalf.

So, in Judge Dowd's mind there are "orders and orders".  Those orders which have to be signed while he is on a vacation, are signed by another judge - recognizing that a judge on a vacation has no authority to ISSUE or sign orders.

Yet, Judge Dowd, without disclosing his "on vacation" status, issued other orders, through his law clerk Claudette Newman, who knew very well that the judge was on a vacation and has no authority to issue any orders.

I am more than sure that Claudette Newman who committed attorney misconduct by transmitting such illegal orders by e-mail, will not be disciplined by the attorney disciplinary committee - because of their unspoken policy not to touch employees of judges.

I FOILed Judge Dowd's vacation schedules and will report them here, and I am turning in Judge Dowd and Claudette Newman for sure - and we will see how the system will stomach this type of misconduct.

Stay tuned.

And - be vigilant when you receive any "instruction", "order" or "direction" from a judge, his secretary or law clerk.  Check if the judge is actually on a vacation at that time.  Because if he is, the order is illegal.

Will the judicial hopeful Richard Northrup charge Judge Kevin Dowd with a misdemeanor practicing medicine without a license?

As of April 6, 2015, April 7, 2015 and June 12, 2015, Judge Kevin Dowd of Chenango County Supreme Court, assigned to my husband's civil case in the Delaware County Supreme Court where I represented my husband as his attorney, rejected my doctor's diagnose indicating that I cannot work and should be excused from work.

Diagnosing medical conditions in New York requires a medical license.

Judge Kevin Dowd does not have a medical license or medical education.

Diagnosing a person without seeing her is medical malpractice.

Kevin Dowd did not see me at the time when I was reporting my injury.

In fact, according to the trial transcript, Kevin Dowd was happily outside of the State of New York when my injury occurred and could not see my medical condition anywhere.

Yet, Kevin Dowd with stubbornness worthy of better application, continues to accuse me of not appearing at a trial, lied to the jury pool (according to the court transcript) by claiming that I did not appear without specifying that I was ill and had a doctor's excuse from work, of which the court was notified ahead of time - while being fully aware that I was sick and remained at home based on a doctor's diagnoses and medical excuse from work, and, to crown it all, now, to cover his rear end and to preserve results of an ex parte trial, attempts to punish me for not appearing in court while knowing I could not appear because I was injured.

So, Judge Kevin Dowd rejected a medical diagnosis made by my medical doctor, after he saw me in person in his office, and made his own "diagnosis", "ruling" that there was no legitimate reason for me not to appear.

That is re-diagnosing, ladies and gentlemen, and a crime of practicing medicine without a license.

Now, will the Delaware County District Attorney Richard Northrup, the subpoenaed witness in the Mokay action and a judicial hopeful, charge Judge Dowd with a misdemeanor practicing medicine without a license for "rediagnosing me", something that become fashionable in Delaware County courts - judging by the fact that Judge Becker previously acted in various proceedings as an unsworn medical expert pediatric GYN, eye doctor, dentist, and surgeon?

Voters, you can ask Richard Northrup this question pertaining to his integrity as a prosecutor - why he did not prosecute these judges for practicing medicine without a license on the bench?  They were never immune from criminal prosecution.

Judge Kevin Dowd strikes back for today's blogs and attempts to punish a female immigrant attorney for being on a legitimate medical leave

Today I started to publish my analysis of the trial transcript of the ex parte and secret Mokay trial.

I published two blog posts early in the morning pointing out incompetence and bias of Judge Kevin Dowd which was clear from the record of the transcript.

One thing that a litigant and a litigant's attorney can count on regarding Judge Dowd is his consistency in striking out in revenge against those who he does not like.

I already blogged about outrageous behavior of Judge Dowd pertaining to a pro se litigant in a divorce action where Judge Dowd, even judging by the transcript created by a stenographer who was Judge Dowd's law clerk's Facebook friend, was outrageous.

Here, Judge Dowd struck against me in a lightning-speed strike.

It took Judge Dowd from April 7, 2015 to June 18, 2015 to send me a decision in the Mokay trial - of course, it was dated June 12, 2015, but I wonder what made the judge sign the order on Friday, June 12th and then wait to deliver it to me by e-mail no less until the next Thursday, June 18, 2015.  Looks more like a backdated decision to me, especially that it was accompanied by a decision dated today requiring me to "show cause" why I should not be punished for not appearing at trial - while the court had from me a file medical excuse from work, filed the day prior with the court.

The beauty of the situation is that as of June 12, 2015 when the court has rendered a FINAL decision on damages, without rendering any decision on sanctions, the court has lost subject jurisdiction over proceedings, if it ever had it and if the ex parte trial is to be considered legitimate, and Judge Dowd's knee-jerk reaction to my blogs of June 18, 2015 was completely illegal.

The judge simply did not have any further jurisdiction after he decided the case allegedly on June 12, 2015. 

There are two phases in each civil litigation - liability stage and damages stage.

Once both stages are resolved, and resolved without any decisions on sanctions, the court lacks authority to proceed in the case.

Judge Dowd made a decision on damages - which were in their entirety attorney fees of the conflicted law offices of Richard Harlem (whose client, since the trial date, already filed with another court a sworn affidavit that undermined the entire testimony at trial on April 7, 2015).  That decision, by law, has to be final.

Yet, Judge Dowd apparently thinks that his jurisdiction over a civil case - when he wants it to continue - is practically permanent and never-ending.

Apparently, Judge Dowd's law clerk Claudette Newman did teach Judge Dowd well on the law.

And just think about it - Judge Dowd decided that he needs to issue an additional decision, 6 days after the date of the final decision on damages where no sanctions were mentioned, and "coincidentally" on the date when I published several blogs criticizing his incompetence in this particular litigation.  And Judge Dowd now wants punish me because I:

(1) was injured;
(2) was diagnosed by a doctor as injured - of which there was NOTHING in the decision of Judge Dowd (a subpoenaed witness in the case);
(3) notified the court one day prior that I was injured, have a medical excuse from work and will not be able to appear.

Judge Dowd is now attempting to punish me - for what? - because I did not humiliate myself by CRAWLING into the courthouse writhing in pain from my wrenched back?  I do not think Judge Dowd's power of a judge stretches that far.

Yet, Judge Dowd's June 18, 2015 decision which I provide here in full demonstrates me that Judge Dowd lacks elementary decency as a human being, man, attorney and judge and that if anybody is unworthy of his robe, it is Judge Dowd.

His decision retaliating against me for raising issues of his misconduct in blogs is indecent and dishonorable.

I wonder if the NYS Commission for Judicial Conduct will be able to stomach this behavior of a judge as proper and "within judicial discretion".

Not to mention that I represent a plaintiff suing Judge Dowd in federal court in his individual capacity for money damages, for behavior AFTER he recused from a case, which means that the judge is not covered by judicial immunity in those actions.

By the way, I've read in the transcript of the ex parte Mokay trial that Judge Dowd was on a vacation up until the day of the trial - and I filed today, by e-mail a FOIL request about Judge Dowd's vacation schedule from September 1, 2012 to present date.  I wonder what I will find there that upset Judge Dowd so much.

I posted today's blogs about Judge Dowd sometime around 7 am my time, and FOILed the NYS Court Administration at 10:38 am.

The decision was sent to me by Brenda Beckwith, secretary to Judge Dowd (and also a subpoenaed witness at the trial that Judge Dowd refused to adjourn despite my documented illness) at 2:37 pm today, about 4 hours after I FOILed the NYS Court Administration for Judge Dowd's vacation schedule.

Looks pretty much like retaliation to me.

Here is the decision of Judge Dowd demanding me to answer him why he should not sanction me for not appearing at trial while he knew I was sick and had a medical release from my doctor (which was filed with the court the day prior to trial):

Or maybe Judge Dowd did not like being legitimately criticized by me for the appearance of cronyism and corruption in his assignments?

One thing is undeniable - Judge Kevin Dowd is consistently vindictive against those who criticize him, I will give him that.

But, same as Judge Carl F. Becker, a judge of legendary temper tantrums, rudeness, challenged ethics (an understatement of the century) and with a legendary record of misconduct and reversals which no authorities in the State of New York wanted to properly address, had to finally "retire" (see here and here) for unknown real reasons many years before the end of his term, even with mandatory retirement, Judge Dowd may not be as invincible as he thinks he is.

The future will show, won't it?

Claudette Newman at it again

In the transcript of the Mokay trial I see that Judge Dowd's law clerk Claudette Newman was allowed by Judge Dowd to make statements on record during the pre-trial conference.

This is the second transcript I see of court proceedings where Claudette Newman is allowed to make statements on record.

Law clerks NEVER make statements on record in court proceedings.  If they are present, they are present as observers, not as participants.

Claudette Newman is not a witness, is not an attorney for the party and is not a party litigant in the proceedings.

She should not be allowed to make any statements in the proceedings, yet, she is - and she is making statements to prompt the judge into actions, which judge appears to comply with.

As I said before, Claudette Newman is apparently wagging the judge - and that is not an acceptable situation.

Moreover, the transcript suggests that Claudette Newman not only was making decisions instead of Judtge Dowd in the Mokay proceedings in the days preceding the trial, but was doing it when Judge Dowd had no authority to make any decisions - when he was vacationing in Virginia.

So much for the rule of law.