If conflict of interest was not enough.... - Ganfer liable for Bonnano fraudulent subpoena? MOREAttorney Oath and Penalties -
As a general rule, attorneys are more trusted than mortal men.
They scoot by courtroom scanners with the wave of an ID. You or I would be arrested.
To get such a special place in the judicial system, a lawyer must, generally, pass a bar examination, and, they must swear an oath.
Swearing an oath subjects them to penalties if they so much as attempt to mislead the court or any party. Attorneys have wide latitude on the arguments they make as advocates, but they have no latitude, whatsoever, with the facts.
How many flat out lies will Avery S. Mehlman of Herrick and Feinstein commit for Greystone - Seems like a coverup of forgery by Jeffrey Simpson of Greystone MOREAvery Mehlman is a lawyer who lies and doubles down when caught in a lie. -
Former Kings County ADA seems to have forgotten all those don't commit perjury, don't misrepresent things to the court and don't violate due process tenets of being a lawyer.
Maybe that's what being a lawyer means nowadays. We feel sorry for those this cretin convicted as an ADA.
Read on to see the tricks of the trade employed by Avery S. Mehlman and, by extension, Herrick and Feinstein.
We wonder how long they can keep this rotten fish around.
Maybe he needs to hit an actual dozen lies in one case?
Let's see what lies Avery makes ....
Get caught in filing a false instrument? Run off to Canada - Kyle has fallen from QUINN EMMANUEL to AFFLECK GREENE MCMURTRY LLP. Here is why... MOREJudge lets fraud slide? -
Did Judge Francois Rivera do a professional courtesy to let fraud slide?
He only had to read one page left out of 40+/- page document filed by plaintiff and attorney Kyle Taylor, Esq. (employed by Quinn Emmanuel / Affleck Greene McMurtry LLP)
to find that the attorney committed a fraud upon the court and why did the judge refuse to address the fraud allegation leading to an estimated $1,000,000 in legal fees and at least 40 hours of judge facetime in hearings on the case? What could the court have done with 40 hours of court time and untolled hours of reading papers and crafting decisions designed to avoid clear cut issues?
UPDATE: Kyle Taylor, Esq., a longstanding Associate at bad-ass law firm Quinn Emmanuel, has decamped north of the border to be an entry level associate at Affleck Greene McMurtry LLP.
Acting before swearing out required oath is really bad. - Joanna Peck of Adam Leitman Bailey took action as Inspector of Election BEFORE taking oath not to cheat! MORELying Lawyer hired by Lying Lawyer -
Tongue twister legal mumbo jumbo ...
Lieing lawyer lies to lawyer who lies for lieing lawyer.
Say that ten times fast. We dare you.
Did NYU Law School grad and former editor of the NYU Law Journal Joanna C. Peck of Adam Leitman Bailey PC really submit an oath that she had already acted fairly and impartially--- after acting as Inspector of Election instead of before as required by Law?
Kyle Taylor lied (see how here ) in Kings County Supreme Court swearing to one thing in one affidavit and then to the opposite thing in a second affidavit.
Kyle Taylor and his consort, Rajeev Subramanyem of American Express, violated co-op by-laws and lied to Joanna C. Peck of ADAM LEITMAN BAILEY, P.C. by leading Peck to believe that Kyle and Rajeev were members of the Board of Directors and that they had the right to engage Peck prior to an annual shareholders meeting. The process they violated is outlined in Section 6 of the co-op by laws.
Joanna C. Peck, after being hired in violation of the by-laws (by being hired before the annual meeting by non-board members and aforementioned lieing attorney Kyle Taylor and his consort, Rajeev Subramanyem of American Express (https://www.facebook.com/rajeev.subramanyam), swears that she showed her oath to Brett Wynkoop, the one required by New York Business Corporation Law § 610. Selection of inspectors at shareholders' meetings where it is made blatantly clear that no inspector of elections can start until they file an oath :
"Each inspector, before entering upon the discharge of his duties, shall take and sign an oath faithfully to execute the duties of inspector at such meeting with strict impartiality and according to the best of his ability."
See what Peck did there? Peck showed an oath to Wynkoop at the meeting on May 16, 2014 as noted in her affidavt two days later on May 18, 2014:
2. On Friday, May 16, 2014, at approximately 1:00p.m., I attended the meeting of the shareholders of 622A Peresident Street Owners Corp.(the "Corporation") at 251 Fifth Avenue,Brooklyn, New York (the "Shareholder Meeting.").
10. Mr. Wynkoop continued his objection to my designation as inspector. He also indicated that I did not have an oath to discharge my duties as an inspector as required under the BCL.
11. I indicated to Mr. Wynkoop that I did have such an oath and showed him a copy of the oath for his review.
Now, that becomes very interesting as Peck said that she produced a copy of the required oath on May 16, 2014. But, wait a minute. The affidavit contained an oath with this jabberwocky non-speak:
"...I have taken and signed an oath in which I acted fairly and impartially to perform my duties as Inspector of Election at the Annual Meeting of Shareholders held on the 16th day of May 2014, and honestly and truthfully report the results of said vote.
Wait... What? Peck, who was required to file an oath before taking any actions, swears under penalty of perjury that she produced one at the hearing but then submits an oath after the fact, after the May 16th "election" on the 18th, and that oath is not a promise, as required, to act fairly before the election, it is an oath that she already acted fairly.
Can't imagine that lieing is acting fairly. Maybe Peck will produce her oath. Why did she not file the oath she claims she took before acting with the affidavit?
Weaselly words, folks, weaselly.
The only takeaway a reasonable person, be they judge, jury or street peddler, is that Peck lied in her affidavit and covered up that lie with a nonsensical after the fact oath stating, not that she would act impartially, but that she had already acted impartially.
What a steaming pile by Peck.
Does her firm, ADAM LEITMAN BAILEY, P.C., condone this?
In fact, in a video stumping her firm, ADAM LEITMAN BAILEY, P.C., she bemoaned the fact that no one will ever pay attention to a poor little researchers legal gold nuggets:
"Nobody cares about what case you might know about, what little smoking gun you find in the documents." https://www.youtube.com/watch?v=EYgFOXNmwtE
Joanna C. Peck complained that no one notices the unheralded researcher's little smoking gun you find in the documents. Well, we noticed.
If this is the standard for being employed as a lawyer, it is a pretty low bar to pass (pun intended).
Sanctioned by Federal court for actions he now takes in state court. - This is what you would expect from a person who would sue a Developer who offered to give you your deposit back. MOREChief Magistrate Judge slaps Rhishi... - NEW TAB-EDIT ME
Judges and Attorneys and Officers of the Court, OH MY! - Laws are simple, Politics not so much. MORENEW TAB CONTENT-EDIT ME - NEW TAB-EDIT ME
Why we are here - Old-School Journalism is dead, long live the New School! MOREA little about us... -
THE GROWLER: a years late followup to some heated discussions about the future of journalism ...
which led to a process diagram sketched on the back of an envelope that was promptly ignored for years.
During the decade that followed, journalism went into a tailspin and is now, effectively, neutered at the traditional point of origin, Main Stream Media, who are now too beholding to the entities they should report on that even the pretense of speaking truth to power is gone.
Then a media echo chamber of silliness on all sides effectively cauterized a Democratic-leaning populace into a zombie-like apathy at the polls.
Since then things have only gotten worse as no side substantively interacts with the brainstems of the American populace.
Not only must objective critical analysis occur (whether or not we call it journalism), that work needs to be given a fertile and sustainable soil from which to spring.
The Growler is that soil.
Read on to see what we want to become.
altering the timeline has unexpected effects - or, you only get the rights you fight for ... MOREWORSE THAN KOBAYASHI MARU -
Captain Kirk would have a tough time with Brooklyn Courts
Star Trek's Captain Kirk re-programmed a Star Fleet Academy simulation that was designed to have the Star Fleet candidate either lose his ship, himself and all his crew in battle or lose a freighter (the Kobayashi Maru) in the Neutral Zone.
That was a situation no one could win, a Catch-22. In Brooklyn Courts we have a worse situation, judges re-programming (altering) the docket to avoid what the record and the abandonment statute, CPLR 3215(c) required, dismissal of the case as abandoned.
The Brooklyn Lyceum, aka Public Bath #7 (by Raymond Francis Almirall), a community fixture for 20 years as a theater / cafe / gym / batting cage, needs your help, a couple of affidavits, and, if it works with your schedule, an appearance here and there to let the courts know someone is watching.
The courts (lower and appellate), in an ill advised attempt to short circuit due process for the Brooklyn Lyceum (made up multiple dispositive facts, selectively quoted caselaw, altered the docket for the benefit of the Plaintiff, ignored attorney perjury, ...), created a winnable battle for the Brooklyn Lyceum in that, under the altered record:
- Plaintiff failed to serve initial Notice of Motion (or any papers whatsoever) on Lyceum Attorney.
- Plaintiff Notice of Motion cites, as the required document, an affidavit that does not exist.
- Plaintiff Notice of Motion dated October 13, 2009 cites non-existent, and impossible, October 26, 2009 Affidavit.
- Plaintiff Notice of Motion asks for relief (Judgment of Foreclosure and Order of Reference) under a statute that does not allow for Judgment of Foreclosure or Order of Reference.
- Decision by Judge Donald Scott Kurtz is premised on two affidavits that do not exist, one cited to by the Plaintiff in the motions papers, and, one out of whole judicial cloth.
- Same Decision grants relief not requested in Motion (Judgment of Default) and relief not available under the statute presented as the basis for the Motion (Order of Reference).
- Another Notice of Motion, to foreclose on the Lyceum, notices everyone on March 18, 2011, to attend a hearing on April 17, 2001, A DECADE IN THE PAST!!
HERE IS HOW YOU CAN HELP:
- Read, and mentally process, all the tabs. We know it will take some effort, but the payoff is worth it. If you already believe us and want to dig right in, read and become one with the 4 RED tabs.
- Sign & send a couple of affidavits regarding what you have processed regarding the bullet points above.
- If it works with your schedule, show up at a hearing on occasional basis.
- Or, if direct participation is not your bag, buy things from brooklynlycem.com/viewart or roxysteeparlour.com .
- Or, if you just want to help in the least involvement way possible, give $$ to the cause (https://brooklynlyceum.com/viewart/5) that may entail a new attorney and two projects to help keep this from happening to other people.
THE PAYOFF: Convert your affidavits and our use of your affidavits or your appearance at some hearings or your contributions into curatorial voting rights when the Brooklyn Lyceum rises from the ashes. Help program a venue that has seen the likes of Fiona Apple, Amanda Palmer, Vernon Reid, Yo La Tengo,
Marc Ribot, Jose Gonzalez, and scores of others.
When the system give you a lemon, return it! - Remove judges who ... are not smarter than a 5th grader MOREPolitical machine inertia ... -
... is the primary force in elections.
With so much going on in everyone's lives outside the election of judges, very rarely is the public informed enough to make an informed decision when an attorney is first up for election as a judge, resulting in party-line votes without any substantive evaluation of the candidates.
But in the Kings County Supreme Court, they must come up for re-election every 14 years for Supreme Court and 10 years for Civil Court.
After a decade or more of being a judge, one has ought have more than party-backing to go by.
Until recently, reviews of how a judge did during his or her 10/14 year term were hard to come by.
Now we present scorecard of sorts.
a bloodguard for politics? - come to pillage, stay to serve MOREEarly Millenium Migration -
Early in the millenium, educated young people migrated to (cheap) places where they could congregate.
They sought adventure there, in the coastal cities, places where many of there parents had fled in the decades long exodus to the suburbs (Levittown, Naperville, ...)
Then the recession struck, a by product of specious financial regulation and billions and billions on questionable wars to protect, mostly, oil interests.
This may have just been a blip in history, but those young-ish needed to eat, and put a roof over their heads.
Once congregated, they became a market unto themselves with critical mass enough to support almost anything as long as they were willing to live in the abandoned carcass of the cities.
Being a recession and all, they created their own economies by reinventing artisanal craftsmanship everywhere there had been just bland commodities for decades.
Beer, Pizza, chocolate, coffee, COFFEE, soda, mustard, mayonnaise, peppers, cupcakes, barbeque, whiskey, theater, music, ...
It was if a great cry arose and said, YUCK!
Nowhere was this most evident than in Brooklyn, close enough to the wellspring of all media, Manhattan, but far away enough for cheap rents in nearly abandoned neighborhoods (Bushwick?).
They worked this for awhile and even elected the first black president, in part, by using nascent social media and sending droves of people to toss-up states door to door.
Then they went about their non-political business as the economy slowly recovered.
Until 2016, the vote heard round the world.
All the media championed a candidate that had a several million vote advantage OVERALL, but failed to address the chess game afoot, the ELECTORAL COLLEGE, the only game that mattered (whether you agreed with the rules or not, they are the rules in play).
It is often said that votes are yards and states are touchdowns.
Who hasn't seen a team garner massive yardage but fail in the red zone.
The losers complained that they didn't know it was about touchdowns, but that yards should be the only metric.
They then complained that social media was used to influence voters, as if that hadn't been the case in 2008, whether foreign backed or not. Disingenuous at best.
But then came the 2018 mid-terms and a shift in the firmament occurred. Longstanding politicians saw the handwriting on the wall and did not run for re-election. Other long time elected officials played the same old game and got beat by any other perspective than holding on to power for the boomer generation.
Old Guard still standing ...
Indie news of note ...
Science feeds of note ...
Evolution feeds of note ...
Espresso feeds of note ...