Ganfer: Banannas Bonnano?If conflict of interest was not enough.... - Ganfer liable for Bonnano fraudulent subpoena? - MORE
Attorney 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.
Avery Mehlman : A Lying LawyerHow 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 - MORE
Avery 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 ....
Kyle Taylor : Lying LawyerGet caught in filing a false instrument? Run off to Canada - Kyle has fallen from QUINN EMMANUEL to AFFLECK GREENE MCMURTRY LLP. Here is why... - MORE
Judge 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.
Lying Lawyer : Joanna PeckActing 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!
Lying 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).
RISHI BHANDARI : Lying Lawyer?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.
Chief Magistrate Judge slaps Rhishi... - NEW TAB-EDIT ME
AllICanStands-Enough is EnoughJudges and Attorneys and Officers of the Court, OH MY! - Laws are simple, Politics not so much.
NEW TAB CONTENT-EDIT ME - NEW TAB-EDIT ME
TheGrowlerWhy we are here - Old-School Journalism is dead, long live the New School! - MORE
A 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.
Brookyln Lyceum MaruLyceum Maru - or, you only get the rights you fight for ... - MORE
LYCEUM ATTENTION TODAY -
OR NO JUSTICE FOR ANYONE TOMORROW.
The Brooklyn Lyceum, aka Public Bath #7 (designed by Raymond Francis Almirall), a community fixture for 20 years as a theater, cafe and sometimes gym/batting cage, needs your help.
The way is CLEAR and CERTAIN for the BROOKLYN LYCEUM, but can be shortened tremendously with a little help from some friends, be they ARTISTS, LOCALS, ARTS ORGANIZATIONS or PEOPLE / ORGANIZATIONS (Brooklyn or otherwise) who think the rule of law and due process are good things, things the NYS Supreme Court and the Appellate Courts must follow, and that the Appellate Court should not be in the business of suborning perjury or making up facts.
Quite simply, we had/have four slam dunk due process related appeals, waited forever to be heard, more than 2.5 years, and the Appellate Court actually lied at oral argument, failed to address jurisdictional arguments legally raised at oral argument, made up facts (19 > 26), altered our appeal brief, ignored dealing with an inconvenient fact (45> 30) and retroactively altered perjury away for the Plaintiff in order to avoid the lower court being "dunked on" while failing to prevent harm to another party by such altering away perjury (analogous to the hippocratic oath doctors take).
With a little help from some friends, we may be able to resurrect the rule of law and due process, if even for a little while.
Pay it forward: Read, review, sign and send affidavit. Maybe an hour of your life. Maybe two.
By doing so you get some say in future BROOKLYN LYCEUM programming, or, if that is not does not do it for you, we offer a few other options for your time.
More info below, but the process by which we seek your eyes, ears, higher order brain functions and body will be managed by jafomaru.com, which handles bringing attention to systems run awry and voting by gowanagus.com, our programming arm.
>>>> Don't be scared, just :
- --learn simple rules about Jurisdiction in the next few tabs (such as the time to address certain violations of jurisdiction never expires),
- --read about what went down,
- --watch a few snippets of oral argument videos wherein the court says that a party can raise jurisdiction as late as oral argument on appeal.
- --watch/listen to parts of an oral argument where in jurisdiction is raised,
- --watch/listen to parts of an oral argument where the court asks the other side what the other side's response is to what was raised at oral argument,
- --look at 5 pages (3 pages of substance, 2 pages of header and footer) of decision (noting the failure of the court to even acknowledge jurisdiction was raised at oral argument) and
- --look at the timing of a few docket items
- --SIGN and SEND an affidavit (we provide a boilerplate).
- --That is one affidavit to sign and send. That one and others, as they become relevant, are posted in the tab marked ACTIONS.
On occasion, anyone who has done at least one affidavit can get more votes by appearing in court for a hearing or event as requested by us.
OUR WAYS OF THANKS
- --An accepted affidavit (needs to contain the things in the boilerplate or words to that effect, subject to our approval) gets you ten (10) votes.
- --Every time we use the affidavit in court filings, you get an extra vote.
- --Every time you appear at a hearing / event as requested you get twenty (20) votes.
- --*** Former Lyceum Minions: If you setup for markets or crafted espresso drinks or ran the batting cage or booked jazz ... for the Brooklyn Lyceum, you get a vote for each month of service in the Lyceum Coal Mines of Art. Those votes are in addition to at least one affidavit which vests all votes. Contact us at mailto:firstname.lastname@example.org with details of your service and we will figure out the allocated votes.
NOT FOR PROFIT / CAUSE WORK:
If participating in Brooklyn Lyceum Programming is not your style, for whatever reason, we are crafting a list of places/causes to which the votes can be converted to work, after the Brooklyn Lyceum.
You get the votes when the Brooklyn Lyceum is successful and you can transition to the cause any time by donating the votes back to the BROOKLYN LYCEUM.
Examples, to be expanded upon by suggestion and approval by the BROOKLYN LYCEUM:
- --PLAYING IT FORWARD: We think that as soon as we are alerted to a judge who ignores the requisite rules, his entire case history, or a substantial fraction thereof, should be reviewed and a scorecard kept. That scorecard should be made available to the nominating organization and the general public significantly before election and in time to matter prior to confirmation of appointments.
- --AD2 MARU : The same court that has us improperly blockaded. New York Supreme Court, Appellate Division, Second department (AD2) has, for the first time, oral arguments available online. We seek to watch all oral arguments for a calendar year (2018), take notes and predict a decision based on the notes and video. We then look at the decision (which comes out 2-4 months later) and see if the courts follow the science of procedure properly. If not, we dig into the actual papers presented to the appellate court in a deep dive of sorts.
- --FELINE INFECTIOUS PERITONITIS (FIP): The Brooklyn Lyceum lost an adopted feral kitten (EMMA) to this insidious, and as yet incurable, disease. The vet who treated EMMA told us that it was an epidemic in Brooklyn for a variety of reasons. While there is no known treatment, this would go to help research on FIP.
WHAT HAS GONE BEFORE
>>>>You can see our ever growing list of prior activities/performers in the story labelled : what has gone before (and you can get an extra vote if you can name a performance event (either name a one da event or a multiple day event or run).
WHAT MAY COME AGAIN
>>>>You can see some of what is up our programming sleeve : what may come again.
MORE INFO FOR THE NOT FAINT OF HEART:
The Brooklyn Lyceum waited patiently for a decision after oral argument, more than three (3) months.
That was after waiting more than 2.5 years to be calendared (after the appeals were fully briefed by both sides and ready to be argued).
This was after filing four appeals revolving around 4 incredibly simple issues, sure shot wins that should have corrected lower court shortcomings:
- --non-initiating plaintiff appearing without standing seeking a judgement of default and later committing unequivocal, yes unequivocal, perjury to cover up that appearance without standing,
- --lack of standard / court ordered notice of a judgment at least 30 days prior to sale of collateral (the Lyceum itself),
- --failure to serve another order within 30 days as mandated buy the order itself,
- --refusal to allow attorney to appear who had filed motion (by way of Order to Show Cause), and
- --whether, on the record before the court, created and submitted by only the plaintiff, was it more than a year from default (statutory time allotted to respond) to the motion seeking a judgment of that default (if so the case was abandoned).
As we had put non-trivial effort into the appeals and addressed both the strong points of our argument and any perceived weak points with argument, logic and case law specifically on point, we awaited decisions in 4 appeals expecting that the court would address the arguments and the case law presented and synthesize it with the facts of the case and the record on appeal and come to a reasoned decision.
Additionally, after we raised jurisdictional arguments for the first time at oral argument, a basic right for all people, the lead judge said the Second Department had an excellent reputation to uphold and that the court would get to the bottom of the issues.
We were shocked that the panel did not address, or even acknowledge, the jurisdictional arguments.
We were also sorely disappointed with decisions in the four appeals where :
- -- the Appellate Court made up facts,
- -- the Appellate Court misrepresented appellants's allegation of extrinsic fraud as one for intrinsic fraud thereby invoking a statute of limitations for intrinsic fraud that does not exist for extrinsic fraud,
- -- the Appellate Court selectively quoted a case directly on point to ignore the dispositive fact that an order was no longer in effect,
- --and, in the most interesting appeal, the Appellate Court just reiterated a challenged conclusion of law the lower court while citing the same case as the lower court without addressing the arguments and decades of cases noted in the Appeal Brief finding exactly the opposite.
This is especially troubling since the case cited by both courts makes absolutely no sense when actually broken into component parts.
The fourth appeal was procedurally dismissed in a way we found appalling as it puts a ridiculous burden on all litigants, especially pro se (self represented) litigants, when it is clear from the record presented that the lower court refused to hear a motion filed by an attorney without a notice of appearance when the client and filing attorney were present at the hearing, a situation where a notice of appearance is not required or useful, resulting in a clear lack of Opportunity to be Heard, a due process violation negating any subsequent decisions.
We long fought, some 20 years, to make the Brooklyn Lyceum an arts facility and we are not willing, after waiting 2.5 years just to get the appeal heard, to be brushed off like so much dandruff.We will continue to fight for due process for as long as it takes, as the numerous and repeated jurisdictional violations of the court never go away, never expire and have no statute of limitations.
To that end, shining a little light on these simple issues, issues that are core to the American justice system, seems like a good idea such that others in the future can see things for what they are sooner.
If you, JAFO, find yourself convinced of these simple issues we will shortly explain, you can help, and maybe we can help you.
Help by becoming J.A.F.O., Just Another F***ing Observer.
It is simple. Read some documents, watch a couple of minutes of court video and evaluate what you have read. Sign and mail/email an affidavit to us.
Help the Brooklyn Lyceum by paying it forward by paying attention now to ensure others due process later.
Old Guard still standing ...
Indie news of note ...
Science feeds of note ...
Evolution feeds of note ...
Espresso feeds of note ...