2007 could be a significant year in the history of New York State jurisprudence. A Federal District Court has ruled that the process of selecting New York State Supreme Court judges is unconstitutional. However, if history is any guide the New York State Legislature, whose job it will be to propose a constitutional amendment, will kick it around, come to no agreement, wait for a Federal mandate, litigate it to death, and spend the next several election cycles pointing fingers at each other. This is how things don’t get done in New York State.

The selection/election(?) of Supreme Court judges in New York State is laughable. The Daily Gotham hit the nail on the head when an 11/7/06 NYS Supreme Court candidates list submitted by Liza Sabater was prefaced with the comment,

“Here's the last list: The infamous list of "who the hell are these people" running for Supreme Court Justice. Yah. We're supposed to entrust our rights and freedoms to people we have no idea if they've even passed the bar.”
Voters are expected to vote for these candidates on the blind in virtually uncontested races.

Over the last several years the process of selecting judges has been microscoped from within. Panels have been appointed, commissions convened and here we are business as usual. The primary qualification of a good portion of our bad judges is party loyalty.

There are unfortunately many, many New Yorkers whose lives have been utterly destroyed by the “stench on the bench”. Kings County has afforded us a peek inside a cesspool of bribes, kickbacks, fraud, extortion, cronyism, incompetence, civil rights violations, racial discrimination, etc. Does any one think this only happens in Brooklyn?

The only recourse is to go right back to the same judicial system to seek redress which is akin to beating one’s head against a wall.

According to Citizens for Judicial Accountability,

“The ineffective self regulation of the Bench and Bar is self evident from the dismissal of, 97% of the complaints against lawyers, 99% of the complaints against state court judges, 100% of the complaints against federal court judges, that less than 2% of the cases are tried and the practice of rubber stamping without explanation over 65% of the appeals.”
The purpose of this site is to be a clearing-house of information. If you believe you are a victim of the courts anywhere in New York State, tell your story. Be as specific as possible. Name the judge(s) involved, as well as the attorneys and even the law clerk. Here’s your chance. It is impossible for the mainstream media to cover every story about junk justice. But here someone is listening. Here we can all compare notes.

Let’s see if a pattern emerges, how often the same names pop up, are there dots to connect, campaign contributions to scrutinize?

Every New York State legislator will be notified of the existence of this site. Hopefully it will save the taxpayers the expense of another convened commission or appointed panel. Yes, a certain portion of posts can be dismissed as rants from disgruntled litigants, but a good portion will be verifiable.

What happened to all the victims of legal abuse in Brooklyn? Were they granted new trials?

Let’s also hear about the fair, wise, and impartial judges. These are the ones we need to keep on the bench.

From time to time this site will feature stories like the two below. Both involve sitting Supreme Court Judges. The first exposes a bully abusing his power to toss a 93-year-old neighbor out of his home. The second features extremely peculiar judicial decisions based of the evidence (or at the very least that which was allowed into evidence) in a child custody case.

Thursday, February 8, 2007


Esther Yang, is an Indonesian immigrant of Chinese descent college educated in New York (B.S., SUNY, 1989). She is a community activist and ran unsuccessfully for the Democratic nomination to represent New York’s 74 Assembly District in 2006.

Esther lost custody of her daughter as the result of a 2002 divorce. She has also lost her life savings and two real properties in decisions rendered by Judge Joan Lobis, Supreme Court, District 1.

According to a Jan. 16, 2006 article in The World Journal, an ethnic language newspaper serving the Chinese community.

“…she did not drink, did not use drugs, had no prior record and had lawful income, but the judge awarded the custody of her six year old daughter to her unemployed white ex-husband and divided their properties equally. Only for three weekends a month could she see her daughter for three days and had to pay child support in the amount of more than $700.

“Esther must prove that she is living within a 30 minute car ride of her daughter’s school. In contrast, the judge allowed her ex-husband to move anywhere within a 100 miles of New York City.

“Esther, as the president of the PTA of her daughter’s school, said she had been living in Manhattan even before the birth of her daughter and now her ex-husband had moved to Staten Island. To meet the requirement of the 30-minute car ride, she has to spend $75 dollars in taxi fare.

“…her ex had applied to the federal government for welfare subsidies on account of his capacity as a veteran with psychiatric problems and put her and her daughter as dependants. These facts were not admitted by her ex-husband in the divorce lawsuit. Even though she informed the judge of this evidence, the judge would not take them seriously.”

Esther was awarded custody briefly after her ex-husband, in violation of court orders, absconded with their daughter to Ulster County. In a subsequent motion, custody was reverted back to the father while the court “noted its extreme displeasure with the father’s recent unauthorized move”.

Esther’s daughter, now 7 years old, tested in the top 8 percentile in ERB testing. Judge Lobis has granted Esther’s ex-husband the right to make all education decisions. Currently their daughter is attending a Title 1 failing school.

Esther has submitted evidence that her daughter is domiciled in a residence that does not have a certificate of occupancy. Judge Lobis is not concerned.

Last year Esther requested she be allowed to celebrate the Chinese New Year with her daughter. Her request was denied. In a fax to Supreme Court Justice Joan Lobis, the presiding judge in all these decisions, attorney Adam Edelstein wrote that the proposed schedule “does not include Chinese New Year because my client has informed me that the mother is not Chinese”. Why are her ex-husband and his attorney allowed to dictate what ethnicity she is? Esther has offered DNA testing as proof. The court continues to ignore her.

Esther has been forced into bankruptcy. She can no longer afford legal representation. She will however, never give up the fight.

Judge Lobis has threatened to incarcerate Esther Yang for nonpayment of child support. Her next court appearance is scheduled for Friday, Feb. 9, 2007 at 9:30 A.M. The hearing will be in Part 20, Courtroom 345, NYS Supreme Court, 60 Centre St., New York. Anyone who would like to bear witness and/or lend moral support is urged to attend.

This is not the first time Judge Lobis has raised a few eyebrows.
In a May 30, 2004 New York Post article regarding the Casale vs. St Clement child custody battle, Brad Hamilton reported,

“In March, an appeals court ruled that the new judge in the case, Supreme Court Justice Joan Lobis, reconsider the custody question. But Lobis refused to take up the custody issue, denied the evaluation request and rejected the recommendation for a child guardian, spurring a motion in which the mother slammed Lobis for "abdicating her role as judge."

In a subsequent article (New York Post, Oct. 2, 2005) on the subject of judicial misconduct, Mr. Hamilton writes,

“…the Commission on Judicial Misconduct which says it's so overworked that it can't investigate many of its cases dismissed 73 percent of its 1,546 complaints. Dozens of complaints were dropped against a handful of Manhattan Supreme Court justices now under investigation by the FBI.

“Complaints in 2004 were dismissed against Gerald Garson, the Brooklyn judge charged with fixing divorces, and against Manhattan Supreme Court justices Marylin Diamond, Shirley Kornreich, Judith Gische, Joan Lobis and John Stackhouse. That group is being probed by the FBI for allegedly favoring companies to which they have financial ties.”

Adam Edelstein represents Esther’s ex-husband, on child custody matters. Adam Edelstein is a member of The Edelsteins, Faegenburg, & Brown law firm. They maintain offices in both Brooklyn and Manhattan. In a subsequent posting we will examine political campaign contributions made by the firm and the firm’s individual members.


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Karen Holly said...

I just heard the news that Esther Yang's court date is now adjourned to Friday 2/23/07 at 9:30.

CJ said...

not surprised...they're probably trying to screw her out of chinese new years again

NOW-Albany Area Chapter said...

Hello to All,

The status of our Family Courts in NYS, (Supreme and/or Family Court) are extremely dysfunctional. The Albany Area Chapter of NOW is committed to bring necessary holistic change to our Family Courts. Many women who courageously untangle themselves from the dysfunctional, multi-generational cycle and web of family violence are punished and revictimized by the family courts of NYS for their ability to look their abusers in the face and say, "NO MORE ABUSE", for the sake of their own survival and/or the survival of their children. Many women and children suffer at the hands of Sophist like members of the judiciary, who consciously choose to deliver OUR CHILDREN into the grasp of well documented familial terrorists. The United States Constitution of America, Article 4, section 4 states and I quote," The United States shall guarentee to every state in this union a republican form of government, and shall protect each of them against invasion; and upon application of the Legislature , or the Executive (when the Legislature cannot be convened) against DOMESTIC VIOLENCE." THE TIME IS NOW, for the citizens of NYS who are the state, for without our people there shall be no state, to take a stand for the upholding of our constitutional right to protection from DOMESTIC VIOLENCE. The NYS LEGISLATURE AND GOVERNOR SPITZER hold within their power the keys to our FREEDOM and the FREEDOM of our children and for protection from DOMESTIC VIOLENCE. The crisis in our family courts requires our action to bring to light how high the unethical dysfunction of NYS's "Family Courts" truly travels. I encourage all who read this to write, email, and/or fax your state legislative members to remind your personal representatives to uphold the guarentee in OUR UNITED STATES CONSTITUTION TO protection from DOMESTIC VIOLENCE. The NYS Legislature simply needs to take one step. This step is an application to the FBI, to fulfill their role with regard to true homeland security, by investigating the "Family Courts" of NYS. For how secure shall we be as citizens from outside global terrorism, if we are unsecure from the familial terrorists in our own homes. One universal truth is, "so as existence is in the microcosim of humanity, so shall this existence be reflected in the macrocosim of humanity." The time is NOW to bring peace to our planet by ensuring true, ethical, homeland security, one home at at time. Governor Spitzer recently stated publically words to the effect, There are many chapters in the book of the civil rights movement still to be written. Together you and Albany Area NOW shall insure this chapter holds true holistic change and positive advancement for the women and children survivors of DOMESTIC VIOLENCE.

In Peace, Justice, and Democracy,
Ms. Barbara Morrissey, President
National Organization for Women
Albany Area Chapter, Albany, NY

Contact information for Albany Area NOW is info@albanyareanow.org and 518.472.9120

Albany Area NOW
PO BOX 13773
Albany, NY 12212-3773

Anonymous said...

At the height of a political corruption trial, the prosecuting attorney attacked a witness. "Isn't it true," he bellowed, "that you accepted five thousand dollars to compromise this case?"

The witness stared out the window as though he hadn't hear the question.

"Isn't it true that you accepted five thousand dollars to compromise this case?" the lawyer repeated.

The witness still did not respond.

Finally, the judge leaned over and said, "Sir, please answer the question."

"Oh," the startled witness said, "I thought he was talking to you."

Concerned Citizens of New York said...

when is chinese new year anyway - is it before 2/23?


The New York State courtrooms handling child custody and matrimonial cases should change their name to "If The Price Is Right."

I was under the understanding that RACISM, GENDER BIAS, SOCIAL ECONOMIC AND RELIGION DISCRIMINATION was illegal under the United States Constitution of America. I honestly was under the impression that EVIDENCE is use to defend yourself not to be use against you. I guess I was wrong and only Batterers, child molesters, drug addicts in other words ONLY criminals are protected under the Constitution. I am surprise that these corrupted courtroom's Officials have not yet decided to bring back slavery.

If anybody have a case or had a case in ORANGE COUNTY, NEW YORK please email me there is so much work to do and no time to waste when it comes to our children.

I only have one question for these corrupted judges if you ever have a problem sleeping at night due to YOUR GUILTY conscious do you count sheep or Jackson?


Anonymous said...

Can someone forward Albany NOW's letter to Chief Justice Judith Kaye?

Do you think Chief Kaye lives in an Ivory Tower? Does she has any power to change anything? or is she only a figure head?

Anonymous said...

Has anyone seen this? >>>>>>>

Corruption in the White Plains Courts-
‘Everybody Loves Raymond”

By Dan Murphy
Martinelli Publications

Here is a chilling letter from one of our
readers, which highlights her difficulties in the
Westchester Court system.

“My ex-husband is Raymond Powers - the Law
Secretary for Judge Nicholas Collabella, NYS Supreme
Court. Thanks to Ray’s political connections, I am the
victim of the power abuse in our divorce courts.
“When Ray asked for divorce, he refused to leave
our home. He spent the next eight months stealing my
files and taking them into the courthouse. Ray rifled
through my bags at night, and when I finally caught
him in the act, Ray threw me into a wall.
“Judge Edlitz removed Ray from the house - I got
an order of protection after going through the process
legitimately for two days. Ray countered by walking
into Frank Nicolai’s office and immediately getting a
counter order from Frank with no hearing, no evidence,
no court reporter present, etc.
“Ray threatened to take me to trial with this
order and put our kids on the stand if I didn’t
withdraw mine. I had no choice - no judge was going to
go against an order from the administrative judge.
Also, Frank never entered his order into the county
clerks system. I complained to Lenny Spano about
Frank’s cover-up; Len ignored me, too.
“Ray demanded a forensic psychologist be
appointed in our case. Our judge, Will Sherwood, told
us two months before he actually made the appointment
that if he was to appoint forensics, he would appoint
Dr. Pepper (yep, correct name!). I thought it was odd
that Sherwood told us who in advance.
“I didn’t realize that he was giving Ray a heads
up. Ray took this advance notice and pulled forensic
cases from the courthouse to study this psychiatrist.
Ray inadvertently faxed me a letter pertaining to a
forensic evaluation he removed from the courthouse -
the fax has his home fax number on top! This concerned
a Dr. Popper assigned to a case for Judge Tolbert.
(Ray probably misspelled the name in his Lexis search,
but its close enough to be obvious as to exactly what
he was doing here).
“Ray had no authority to have this report - he
works in civil, not matrimonial, and this wasn’t his
case! I complained to Frank Nicolai that Ray, having
these reports, gave him an advantage that any other
litigant would not have. Second, I reminded Judge
Nicolai that forensic information pertains to
psychological analyses and are governed by HIPPA
privacy laws. I even documented to Jonathan Lippman
about the dangers of removing court documents and the
exposure for disaster recovery of removed documents.
Yet again, I was completely ignored.
“I worked part-time for over 13 years in order to
take care of our children. When Ray filed for divorce,
he changed his work schedule to leave every day at
2:30 p.m. - to set himself up as a model Mr. Mom to
contest custody and reduce his child support payments
(a tactic that was rewarded!). Ray’s abbreviated
workday is with the full consent of Nick and Frank
even though Ray’s $120,000 annual salary has not been
reduced in the slightest.
“For the last 4 years, Ray has used the
courthouse as his private office. I have faxes,
emails, and phone calls from him sent on court
equipment on taxpayers time. He makes copies of
deposed documents and printouts using taxpayers
“I complained to OCA, the NYS auditors, and the
Inspector General about this unfair advantage and
abuse - they ignored me. I calculated that this, and
Ray’s abbreviated hours, have cost the taxpayers over
$100,000! Judge Collabella even gave Ray his $3,000
courthouse laptap to take home for his personal use.
“Judge Horowitz has stated that judges talk to
each other about their cases. Unfortunately, I’ve
heard those conversations, even in my own home while
entertaining members of the Courts. I am well award my
divorce is subject to water-cooler gossip in the
courthouse. So is Ray.
“Ray has spread rumors about me that I am crazy
and he has to get custody of our children for their
safety. He knows such statements will eventually find
their way to the judge on our case and the courthouse
“I tried filing again in Family Court this July
and managed to get an initial hearing in August. Ray
responded by filing three counter petitions in Family
Court, three motions to dismiss in Family Court, four
motions in the Appellate Division, and one motion in
Supreme Court. He spread his legal assault against me
out among three different courts to hide the
cumulative impact upon me.
“All of my responses were due at the same time -
an impossible feat. And my latest request to Family
Court for a follow-up hearing to present my case was
just denied again. I called the court clerk to plead
my case, she refused to allow me a hearing.
“Les Adler once laughed in my face and admitted
to me that everybody loves Raymond. Not only can I not
get a hearing in court, even if I could afford an
attorney, I cannot hire them. The local lawyers all
have cases before Ray and they know that Nicky doesn’t
write his own decisions, Ray does. As one lawyer
admitted to me - to take my case would be political
suicide. They won’t risk their other clients for me.
“I asked to get my case transferred out of the
district - Frank merely transferred it to Rockland,
where the majority of the judges are from White
Plains. Any transfer within the 9th district is
worthless due to all the incestuous political
connections. The Republican judge on our case, Will
Sherwood, is up for reelection next year.
“When NYS set up the matrimonial commission last
year to investigate problems in the system, I applied
to speak to this commission. Judge Miller, Ray’s
coworker in White Plains, denied my request. This
commission was smoke screen. It had no litigants
assigned to it!
“I spoke to Judge Ratner about the problems my
children had with their Law Guardian (Kim Rayner) who
wasn’t advocating for them. Judge Ratner agreed my
teens were old enough to speak for themselves and
advised me to have them write to the judge directly.
Kim said their letter must have been coerced and
charged me, with Ray’s help, with child abuse. Kim
worked on Will Sherwood’s campaign. When he appointed
her, he never put an hourly rate in the order so she
set her own at three times the going rate (I found an
appellate case where Will and Kim did this before). I
was warned not to go up against a Law Guardian, a
warning which proved true. When I dared question her
bills, she filed a motion charging me with child
“I cannot get my case to settle even though my ex
is handling his own legal work and blatantly using the
court system facilities as if they were his own. In 4
years I have incurred $160,000 in legal fees and over
$100,000 in other debts and have lost my job twice.
Yet I was not awarded sufficient legal costs to level
the playing field.
“Ray has managed to get court orders
contradicting our custody ruling - he once had
it overturned five times in as many months. Ray even
got a court order the day before Christmas break
taking my kids away from me for the holidays - he used
our son to serve this order and the courts ignored
this illegal act.
“Even though I have lost my job, I have still not
been awarded full child support. At one point I was
only given 6% of Rays income even though the NYS
formula calls for 25% for two children. But most
amazing of all, in the middle of this divorce, Ray got
the judge to force me to take out an equity line
against our home for $75,000 - I took my share and
paid some of what was owed the Law Guardian.
“Ray took his share and paid off his dating
expenses on his credit cards. Sherwood then ruled that
since I was living in the house, I should make the
full payments on the equity line. I am now court order
to pay the costs of Ray’s adultery!
“In short, I am the victim of power abuse.
Unfortunately I’m not the only one. A local lawyer
told me he recently had a battered client who opted to
go back to her abuser rather than continue to face the
courts. Our system is so bad that women would rather
be beaten physically than be battered in court.
“I also have a list on my home computer of
lawyers and Republican Party contributors appointed by
Ray with the help of Nick, to help handle cases.
If you wish to speak to me about this, or want a copy
of what I call the kickback list, you can reach me,”
Catherine Wilson.
The letter speaks for itself and is similar to
many complaints we have been receiving over the past
year about the handling of matrimonial cases here in
Westchester. Perhaps it is time for any prominent
female elected official to take a serious look at this

Concerned Citizens of New York said...

Weed out bad judges
By Errol Louis
NY Daily News

More resources will help nail corrupt jurists

Gov. Spitzer's crusade to clean up government corruption won't be complete until he
dedicates more funding - a lot more - for the state Commission on Judicial Conduct,
the agency that monitors and disciplines New York's 3,400 state judges.
The commission is being starved of resources at a time when complaints about
judicial misconduct are running at an all-time high - more than 1,500 complaints a
year, charging judges with everything from biased comments during trials to
accusations of favoritism or even bribery.
But in a typical year, only about 30 judges get any kind of punishment, ranging from
official admonition to a recommendation of removal from the bench.
"We get by far more complaints than any other state," says the commission's
administrator, Robert Tembeckjian, who has a yearly budget of only $2.8 million and
a staff of 28 to handle the flood of accusations of judicial misconduct throughout
the state.
Compare that with 1978, when the commission had a staff of 63 to deal with fewer
than 600 annual complaints about judges. Since then, the number of complaints more
than doubled - but the commission's staff has fell by more than half.
That is scandalous.
It also helps explain the wave of courthouse scandals in places like Brooklyn, where
crooked judges - like pickpockets, burglars and other thieves - have felt free to
break the rules, knowing that the agency watching the store is underfunded and
understaffed and overworked.
I'm talking about people like ex-Judge Victor Barron, who was sent to prison for
shaking down a lawyer for a bribe in exchange for settling a personal injury case.
More recently, Michael Feinberg was removed as Brooklyn's surrogate judge for
steering excessive fees from the estates of the dead to one of Feinberg's pals.
It takes time and money to root out these crooks because the corruption can be
hidden or subtle, requiring intensive investigation.
Take the case of Justice Larry Martin, who was elected to Brooklyn Supreme Court in
On at least two occasions - in 1999, and again in 2000 - Martin improperly sent
letters on courthouse stationery asking other judges to impose lenient sentences on
defendants who happened to be family friends of Martin.
Tembeckjian's commission voted to admonish Martin, noting that "in no case may a
judge voluntarily communicate with a sentencing judge," and that Martin "should have
recognized that such communications are strictly prohibited."
Now the judge is in the hot seat again. According to a lawsuit filed in November,
Martin is hearing a real estate case, Singer vs. Riskin, in which the judge's
personal lawyer - Jerome Karp, who defended Martin before the commission in the
letter-writing cases - is representing one of the parties in the case, Ted Singer.
That's an obvious conflict of interest. Martin should have disclosed the Karp
connection and recused himself from the case - but he didn't. So Tembeckjian's staff
will need to spend time and money to sort through the charges.
And there may be hundreds of similar cases.
Tembeckjian and his staff do an admirable job of keeping an eye on judges. "Two
years ago, we imposed more public disciplines than any two states combined," he told
me yesterday.
But the commission needs beefed-up support to do more labor-intensive, old-fashioned
investigation and enforcement. It's the only way to keep a close eye on judges who
consider themselves above the law.
Originally published on February 8, 2007

bringmykidshome said...

I am sorry did anybody said Dr. Bert Pepper from Rockland county?
A psychiatrist that lies on the stand and makes things up as he goes along.

concerned citizens of ny said...

to bringmykidshome -- tell us what you know please about Dr. Pepper and whoever else needs scrutinization.

bringmykidshome said...

Dr. Bert Pepper was the Forensic Psychiatrist that came highly recommended by the Law Guardian Bernadette Lupinetti in my case in Orange County, New York. Dr. Pepper was caught lying, contradicting himself and came with a new theory that sibling rivalry does not exist in any family. Every time he lied, he would look at me and gave me an evil look. If anybody else had this man as the Forensic Psychiatrist please let me know, this man is a liar and needs to have his license taken away.

When I was outside the courtroom my estranged husband’s fiancé spend the time rubbing Dr. Pepper's back, was very loving, touching and would not leave his side, they almost look like a couple. They came together to court and left together.

Bernadette Lupinetti the law Guardian admitted to me on the phone that she knows my estranged husband personally and she was helping him get custody of my children. My daugther even wrote me emails telling me about the law guardian been friend's with the father.


bringmykidshome said...

I need to add the Law Guardian Bernadette Lupinetti has numerous complaints against her for favoring father's and having the mother's parental rights practically terminated as she did in my case. This woman went as far as calling my son's school pretending to be me to speak to my son. Lying to school officials and impersonating another person. I wish I had a video camera that day in the courtroom when my estranged husband was testifying Bernadette Lupinetti was given him smiles and nodding to him almost like coaching him.

concerned citizens of ny said...

Is it a crime to lie under oath? Is that under the District Attorney's office jurisdiction? Who is the judge?

Sounds like Dr. Pepper's name needs to be mention in the DA's office. May be the Medical profession as well.

How about the dragon law guardian, Bernadette Lupinetti? She probably never had any children, bitter that she has no relationship so she compensates her happiness favoring other childrens' fathers. She probably hates herself so she gets her pleasure torturing other moms. She should have major therapy and so should Dr. Pepper.

Anyone else out there has these 2 ethically challenged players? Dr. Pepper and law guardian Bernadette Lupinetti ?

bringmykidshome said...

The sitting Judge in my case is the not so Honorable Judge John K. McGuirk. Sadly, Bernadette Lupinetti has children, this is a woman who should have her kids taken away, if she abuses other children by helping abusers get custody, I bet you she is probably abusing her kids. She is no longer fit to be an attorney and she needs to have her license cut in pieces like a stolen credit card for her special treatment to abusers. My ex husband's attorney is Gary Greenwald another piece of sour grapefruit past his expiration date, that will get you off the hook for the right amount of $$$$$.


The Commission on Judicial Conduct is under no obligation to give a complaining citizen, any information as to the status of their own complaint against judiciary public servants. When a complaintant calls the Albany, NY office they are told, to assume if the only letter received is the initial acknowledgment letter and no other written communication no decisions were made. Complaintants are usually asked if they have further evidence to provide the Commission. From a citizen perspective, I pose the question, "Why is the onus of responsibility on the complaintant to do the investigation?" The answer to this question is identified in the artice in by Errol Louis in the Daily News on 02.08.07. I did the math, 2.8 million divided by the 1500 complaints a year equals a measly 1866.66(repeating) dollars per investigation. Hence, if any of the citizens of NYS who hold valid documentable complaints against members of the Judiciary are to be successful in aiding to root out the alleged bad deeds and corrupt attitudes of members of the judiciary in NYS, may I suggest to you when and if you choose to write a complaint regarding a Judge you send an extra copy to Assemblywoman Helene Weinstein, the chair of the NYS Assembly Judiciary Committee. Maybe a little check and balance, one of the tenets of our government is in order? Just an idea, though.

The more telling mathematical equation to solve regarding the Commission on Judicial Conduct's fiscal accountability is 2.8 million dollar divided by 30 judges receiving any form of discipline. This equals $93,333.33(repeating) per judge reprimanded. As I am unaware how many full time judges were removed from office, as opposed to part time town justices I wonder what the actual cost to remove an unethical, unworthy to wear the robes of Justice, "member of the judiciary"

Furthermore, if and when the Commission decides to hold a hearing with regard to any complaint, the complaintant is only allowed to attend the hearing at the discretion of the Commission. The fox watching the hen house. I think YES! The law in NYS is desperately in need of holistic reform to end the secrecy which the Commission is allowed to function under, if honest accountability of NYS's judiciary is to be found and the civil rights of all NYS's citizens to Equal Protection Under The Law is to be attained.

Chief Judge Kaye is aware of the allegations of misconduct within the Judiciary she is bound by the rules of conduct to Administratively oversee. As the Chief Judge of the State of New York, Judith S. Kaye, is the final authority and the buck stops with her. The Chief Judge when informed of the misconduct of Judges usually delegates to Mary C. Mone the responsibility to deliver the bad news, Chief Judge Kaye may exercise her judicial authority only in cases that are properly before her court. Maybe the Chief Judge needs a refresher course in public service and the Administrative responsibilities held within the Judicial Code of Conduct, published on her own public service branch of government's website nycourts.gov If the Chief Judge of the State of New York holds no administrative authority over the Judiciary within the state of NY, then who praytell does? I am fully aware every member of the bar holds a canonical responsibility to inform the appropriate administrative bodies themselves, as officers of the court when they come into information pertaining to canonical and/or disciplinary code violations. As Chief Judge Kaye is first and foremost a member of the bar, she herself holds a responsibility to report to all the appropriate disciplinary bodies her knowledge of violations.

In response to the comment about Judith Kaye living in an ivory tower read for yourself the following word for word quotes of the Chief Judge and decide for yourself if Judith Kaye holds ALLEGED BOURGESOIS, RULING CLASS ATTITUDES.

The Chief Judge stated in the written version of her 2006 State of the Judiciary report the following, "A gnawing concern has been what I perceive as a lack of public knowledge and understanding of the courts. Respect for the law depends on public confidence in the integrity of the justice system" and in her conclusion, "Now having reached the conclusion of my message, I should disclose my vantage point in preparing it. In giving you this overview, I was flying low over the court system, about a thousand feet off the ground." This last quote's metaphorical message may be lost on some, yet I find the root of Judith Kaye's metaphor to be the alleged holding of bourgesois classist beliefs and attitudes. Moreover, how is the public to hold any confidence when a citizen turns to NYS's highest member of the judiciary for administrative intervention and the citizen's complaint is rebuked and disregarded by our state's highest judicial authority. How exactly does her action garner the public's confidence in the integrity of the judicial system?

If you go to the nycourts.gov website and search for the state of the judiciary 2006, you may read for yourself the above quotes to verify they are in context.

My question is how does this WOMAN, get up everyday and look herself in the mirror, knowing she has been informed about outrageous, unconstitutional violations of judicial misconduct during her watch, and has failed to do anything administratively correct the situation. Perhaps her own poor judgement is the root cause of the "gnawing concern" she speaks of in her potential regret section of her 2006 state of the judiciary.

bringmykidshome said...

to Concerned Citizens: You are right Dr. Pepper needs and will be report it to DA's office and the Medical Profession. Why should we have two people who are conspiring to commit a crime against children roaming our courtrooms? If Bernadette Lupinetti and Dr. Pepper are working together is only fair, they should fall together.

Maybe Dr. Pepper was Bernadette Lupinetti’s psychiatrist and she is a scientific experiment for Dr. Pepper, how cute his own little Frankenstein. The name of the experiment is Bernadette Lupinetti the 21rst century Frankenstein live from Orange County, New York don't miss the freak show.

I thing that Dr. Pepper is trying to become the next Richard Gardner and pick up where this psychopath left of, how pitiful picking of somebody else’s trash.

Anonymous said...

I have seen the pain of bringmykidshome, how her daughter was crying histerically in the courtroom and these monster force her to stay with the father Carl A. Scheuering a well documented batterer that called his own daughter a whore and asked her if she wanted to be picked up by men in the streets and this was not only documented by CPS in the State of Florida, Orange County CPS in Goshen knows about it they got the report too, and did nothing but accused the mother of child abuse. Carl A. Scheuering the father of the year even testified in court on the record that he called his own 11 year old daughter a Prostitute and Judge John K. McGuirk gave custody of this child to this monster. What is next, should we look out for this child to make sure her daddy does not try to pimp her out on the streets of Orange County.

Anonymous said...

My heart breaks to read these stories. I am a stay at home Mom, who is happily married. My husband would never think of laying a hand on me or the children. With all the psychological information available today, which supports the old saying of violence begets violence, how do courts make decisions that hurt women, children, and our society as a whole? I would do anything to protect my children from harm. I can not even imagine the pain these women and children suffer at what seems to be an economic industry that funds itself on the abuse of women and children. How unamerican! I thought the courts in our country were created to protect victims of crime, and to dispense justice. How can judges be sending children to live with people who do not value children and the gift these children are to their parents and our world. As a christian, I will keep these women and children who are suffering in my prayers.

Anonymous said...

Happy Chinese New Year

Anonymous said...

The Chief Judge of the State of New York is too busy having her picture taken in the Newspaper to really sit down and read letters send to her or even bother answering. I wonder what does she do all day?

Esther Yang said...

Someone told me about this post. Thank God for our first amendment rights. I am soooo grateful. 2/23 is my next court hearing.
Last lunar new year, my ex-
husband's attorney
faxed a letter stating that "....the mother IS NOT CHINESE..." So my family could not
spend Lunar New Year with my daughter. I can't understand why my Asian culture has to be mocked and my race humiliated in court. My daughter is invited to participate in both the Chinatown parade in Flushing 2/17 and in
Chinatown in Manhattan on 2/25. It's sad how my daughter who is 1/2 Chinese has to go through this high burden of proof. I admire those Caucasian parents who have adopted Chinese daughters from China and go out of their way to make sure their kids understand their Chinese heritage. Those Caucasian parents will be attending both parades with their Chinese kids. I believe every child deserves a happy childhood.
This unnecessary conflict only benefits the Edelstein's firm who makes money for concocting conflicts like I am not Chinese. Anyone who questions my ethinicity
should visit my site and see my picture - www.estheryang.net

My daughter, like all Chinese kids and adults who reminisce our happy childhood, loves everything about the parade from the dragon to the lion dance to the "red envelope".

Happy New Year

bringmykidshome said...

To Esther Yang:
Is so sad to see how many racist are still in this country. I wonder if there are members of the KKK clan as sitting judges in New York State courtrooms.

Let me tell you Dr. Pepper the Forensic Psychiatrist in my case testified under oath that my children live in a dangerous neighborhood fill with Hispanics and they did not want to be around Hispanics. Let me set the record straight my children only wanted to be with my family and only spend time with my family, because my ex’s family are as dysfunctional as they can be, so dysfunctional that even my ex couldn’t stand his own family. These people do not know the meaning of FAMILY if it hit them on the face every second of the day.

Judge John K. McGuirk stated on the record that my kids did not want to be around Hispanics. The Hon. Judge McGuirk also stated on the record (I have the transcript) that my children needed a safe home where they can grow in wisdom age and RACE. Yeap you read that one right RACE apparently if you are not the right RACE that makes you an unfit mother. Judge John K. McGuirk stated that it was unrealistic for somebody like me to think I can go to law school. If he only that I don’t have my law degree yet, but I got a brain and know how to use it.

It is sad that ignorant people like this are allowed to have so much power to ruin other people’s lives due to their own insecurities and low self esteem.

Happy New Year Esther

Concerned Citizens of New York said...

bringmykidshome were you in a mixed marriage? please clarify.

Concerned Citizens of New York said...

Esther you are a role model and should to serve to inspire all mothers who believe they have unjustly lost custody of their children. I hope you will spread the word about what we are trying to do here to root out the corruption and abuses in our judicial system, and not just in matrimonial and child custody issues (although the irregularities here are especially egregious).

bringmykidshome said...

to concerned citizens: Yes I am from Puerto Rico and my ex is White and so were everybody else in the courtroom. One time my ex's attorney Gary Greenwald asked me if I was American I told him I am from Puerto Rico and he stated again but you are in America, and I answered I am Puerto Rican even if I am here in America. Of course even Judge McGuirk had to ask Gary Greenwald to watch what he was saying.

Anonymous said...

Bringmykidshome I know you are a good mother. I know how much your kids love you; you spent all of your free time with your kids. My family and I support you and support all the other mothers that have been viciously attack by these criminals with law degrees and robes. They should be put in jail and the key thrown away forever. This is nothing but Legal Trafficking of Children.

Anonymous said...

To bring my kids home and all others - first we need to expose these crooks. Then connect all the dots.

The FBI # 212 384 1000
or newyork@fbi.gov

Anonymous said...

I have noticed that a lot of people do not know what is happening in the courtrooms. So I came up with an idea, to get the phone book and start sending people warning letters about the truth of what the courtrooms are doing and include the names of the bad judges as some of them are elected. I think everybody should know who they are voting for so later on they won't get screw by these corrupted Judges.

bringmykidshome said...

I will put that number on my speed dial and call monday morning.

Anonymous said...

The Lunar New Year is Sunday 2/18/07

The year of the Pig - good fortune to all and those dirty pigs will get their fortune and good health be taken away

Anonymous said...

You can leave a message NOW - the good news - FBI never sleeps.

and keep on calling, .....

Anonymous said...

"I didn't speak up in germany,

The nazis first came for the communists.
And I didn't speak up because I wasn't a communist.

Then they came for the jews,
and I didn't speak up because I wasn't a jew.

Then they came for the trade unionists.

Then they came for the catholics.
But I didn't speak up because I was a protestant.

Then they came for me,
and by that time,
there was no one left to speak for me."

Author Unknown

thomas said...

Watch out for law secretary - bad judge wannabe

Jonathan said...

Hi to all of you, I read these stories and felt so sick. These pigs should not be judges and the father that called the child a prostitute should be put in jail and never let out. Our society is not worth a penny thanks to these criminals. I am a man and I will never hit a woman or abuse my children or call my daughter a prostitute, this poor excuse for a father should be put in jail, I hope he pays for his crimes.

Anonymous said...

To: Jonathan

I agree with you 100% a father that calls his daughter a Prostitute should be put in Jail. That is child abuse what is wrong with CPS in that county. Who is the head of that office? Who was the CPS worker that got that report and did not do anything?
Maybe there are other cases a class action law suit is in order. Organized and begin collecting data and star hitting this pigs where it hurts the most their pockets and maybe after that the Officials will stop ignoring the people making the complaints.

No more Ms. Nice Mom said...

I think fear has many people paralyzed, in order to fight back we need to become one. Let's sent our concerns via fax every day of the week to Judge Kaye until she answers. Lets write to her once a week until her office has to make a proposal for an increase for stamp funds. Lets make the secretary spend the day putting paper in the fax machine and changing the ink in the fax machine every 3 days. Is not like they are working or will be missing any important faxes.

This system has paralyzed us, let's paralyzed their offices with faxes and sending letters. Not only to the office of the Chief Judge but to the everybody who took an oath to protect THE PEOPLE.

They were put in place to work for us, not for us to work for them. Let's collect all the numbers and information and put them right here it will be our personal 411 directory information online. Is time to get to work and show them who's the boss

Anonymous said...

can somebody please post the fax numbers and information of the people we have the right to contact and they have the obligation to help us.

Anonymous said...

I have watch Esther spent year(s) now trying to win custody of her daughter. Which you would expect a loving mother to receive and would be in the best interest of her daughter. It is disappointing to see the court at work. What a waste of OUR taxpayers money.

Anonymous said...

I was told last year on December 30, 2006 that God had a plan for the children and the best was yet to come for 2007. It is time to get up and fight back, no more waiting,is time to take back what they stole from us. There is no such thing as a perfect crime. lets write and fax to the chief Judge of the State of New York telling her either she does her job or will be there reminding her that she is either part of the porblem or part of the solution.

Anonymous said...

Our tax money is waste every week when these crooks get pay for commiting crimes against people and then they get a bonus for each case they fix. If we pay taxes and our taxes pay for their salary, lets just send them a pink slip and tell them you are fired you were caught stealing and report them to the DA.

thomas said...

need chief kaye fax #.

anyone has it?

Anonymous said...

Attorney General Cuomo 212 416 8324

US Attorney's Office Public Integrity Office 212 637 2200

Governor Spitzer 518 474 8390

Chief Justice Kaye email jkaye@courts.state.ny.us

Pls make sure that you post your letter here and cc this blog in your letter so that they know that we are watching.

someone post the FBI before # 212 384 1000
or newyork@fbi.gov

thomas said...

we need the CPS supervisor's name - anyone else has this supervisor?

How about the ethically challenged Dr. Pepper and the unmotherly law guardian Bernadette Lupinetti?

Catherine Wilson and Bring my kids home have Dr. Pepper - anyone else? Anyone else out there has Bernadette Lupinetti?

They both should get their licenses taken away. The more people complaint, the more they can't hide.

To complaint about attorneys - The Attorney General Cuomo 212 416 8324 or NYS Bar Association Departmental Disciplinary Committee www.nysba.org 518 463 3200 fax 518 487 5517

To complaint about judges - State Commission on Judicial Conduct 212 809 0566 www.scjs.state.ny.us

To complaint about false arrest or false allegation by police - Internal Affairs Bureau (call 911 or 311 to be connected) or CCRB (Civilian Complaint Reporting Bureau)

If someone made false allegation against you, contact the District attorney's Office - insist that they take that complaint and bring a witness.

Anonymous said...

The numbers for Judge Kaye are

New York city : 212-661-6195

Albany: 518-455-7700 ask for Rose Marie Fitzpatrick her secretary

Fax Number in Albany: 518-455-7896

Bringmykidshome said...

The name for the CPS case worker is Leah Horrevoets and her supervisor is Fran Mc Garvey

Phone number 845-291-2881

No More Ms. Nice Mom said...

Good Morning to all,

I been doing some research on WWW.NYCOURTS.GOV EVERYBODY can track their case there. I found out of court dates that some people are not invited to attend or have knowledge of such dates. You know backroom court deals and so on.

A little secret do you know that courts in New York are having brunch deals on Sunday go and check you need to search that website after all is public information.

Well I was searching for Bernadette Lupinetti aka Pro Child Abuse and batterers lover. In the New York Unified Court System and I found something scary.

I have gotten wind that Bernadette Lupinetti was up to her dirty tricks again by an attorney that chooses to keep quiet but relayed the info to me. It was hard to find out who was her next victim, but I think I know who it is or at least her case number.

Bernadette Lupinetti is involve in another custody case in Orange County Family Court as the Law Guardian. The Scary part is infront of Judge Andrew Bivona. I think this is her next victim.

I heard this is another Hall of Shame Judge in Orange County Family Court in Goshen, New York. That if you go in you won't get custody and on top add Bernadette Lupinetti and this woman will become invisible to her children.

I am going to continue my search of uncovering the crimes of the want to be mafia daughter of Al Capone, Bernadette Lupinetti

I will also be posting the names of the no so Honorable Judges and no so respectful attorneys from Orange County Court, New York, that I know about and will request help from those who know any other no so Honorable Judges from Orange County and of Course the entire State.

Let's have a Hall of Shame with Pictures and everything, after all they are just like child molester we must warned people with children about these predators operating in Orange County and the entire estate.

Jonathan said...



Anonymous said...

who runs the Dutchess county CPS?

who is Leah Horrevoets's and her supervisor Fran Mc Garvey's big boss? and what's their fax #?

If they are attorneys, someone should complaint to the Attorney General Public Integrity Unit
212 416 8324 www.oag.state.ny.us/complaints/pdfs/piu001_complaint_dorm.pdf
and also to the US Attorney's office 212 637 2200 if they are misappropiating federal funds? bad people need to be exposed - there are many CPS supervisors who are hardworking.

They are bringing bad names to those people.

Anonymous said...

Bernadette Lupinetti and Judge Andrew Bivona - can someone find out how much campaign contributions and if lupenetti's husband, mom, dad etc work in the courts like "everybody loves raymond" chilling story?

also who is judge Bivona's campaign manager? which democratic club or republican club endorsed him?

Follow the money and the school and their associations. Can't prove nada for now but it will eventually catch up to them.

Connect the dots with their family, friends, law partners. Find out how much income Bernadette gets - someone contact the IRS and check her filing.

The legislatures only allowed certain amount for law guardian - start digging how much bernadette gets and from which judge and why the favoritism?

Have nothing to do with mothers and fathers but crooked attorneys and judges.

Anonymous said...

Be afraid be very
afraid www.trixiestarr.com Feb 2007

If you think there is justice in New York you might think twice after
reading this: *nakedjudgeny*.blogspot.com/

Transsexual Times -

Thank you sista

Anonymous said...

Edelstein - how come that name sounds familiar????

Saul Edelstein gave money to Supreme Court Justice Rachel Adams


Anonymous said...

Who cares abt Brooklyn Supreme Court Rachel Adams???

Bringmykidshome said...

Leah Horrevoets is the Senior Worker for the Orange County, New York Department of Social Services. This Senior Worker was given a copy of a report from CPS in the State of Florida and a report from a child's therapist indicating Mental, emotional and physical abuse taken placed during visitations with the father Carl A. Scheuering in the State of New York. Leah Horrevoets ignored a report of abuse from another state and a new report came out indicating the mother who brought the evidence is the one abusing the children SHE CAN’T HAVE ANY CONTACT with HER CHILDREN AND LIVES MILESSSSSS AWAY.

In the report from the therapist he recommended no visitations with the father as the child had express fear due her father calling her a "Whore" and her older brother and the father's fiancé nieces and nephews hitting her and calling her names such as "stupid," "Fat ass," "Lesbian" and her older brother encouraging her to have sex with her female friends.

Her brother is 14 and sadly was arrested for Domestic Violence and charged with battery. His charges were mysteriously dropped by the DA in Florida after a letter received by Gary Greenwald, Esq. My 14 year old is in need of help as he is only modeling what he saw his Father CARL A. SCHEUERING do to me for many years.

In this letter Gary Greenwald, Esq. states that he got the mother's consent as she was the victim to have the case transfer to the State of New York and all the parties including Judge McGuirk and of course Bernadette Lupinetti. The only problem is there was no consent and the mother did even know and Gary Greenwald wrote a letter with false statement to the DA and the Judge in the state of Florida.

In this CPS report from Florida Carl A. Scheuering admitted to the Domestic Violence and Leah Horrevoets could not believe that Carl A. Scheuering admitted to be a batterer to a CPS Investigator.

Of course, once Bernadette Lupinetti and Judge John K. McGuirk found out about the investigation. Leah Horroevoets tune change and a second set of CPS workers were sent to interview the children for a second time while they were in New York and of course according to this new set of CPS workers the children's stories changed. Now the mother is been accused of child abuse.

I suspect the Law Guardian Bernadette Lupinetti and Judge McGuirk may have "ALLEGDLY" played a part on the making of this FALSE CPS REPORT in the STATE OF NEW YORK.

By the way, the Fax number for Orange County CPS is 845-291-2985

Anonymous said...

Thought you might want to see this scary news clipping from NY Daily News - Supreme Court Justice Rachel Adams used to be the indicted Judge Gerald Garson's law secretary !!!!!

See below NY Daily News, "... Another possible new Supreme is Civil Court Judge Rachel Amy Adams. As the Daily News' Michael Blood first reported, her seat was bought with a no-interest loan from former party boss and Norman mentor Howie Golden. She also has the distinction of having been law secretary to the recently indicted Justice Gerald Garson. By the way, her husband was Golden's top aide..."

Norman schemes while B'klyn burns

June 30, 2003 - NEW YORK DAILY NEWS

Based on the political behavior of Brooklyn's judges - and that of the ruling Democratic Party - one may think this is just another ordinary year in the borough. It is anything but.

The entire apparatus of how the Kings County Democratic Party makes judges is under the microscope as others in the press corps have joined this page's inquiry. Brooklyn District Attorney Joe Hynes is handing out subpoenas and hauling in witnesses as he scrutinizes jurists and powerbrokers in his judgeships-for-sale investigation. But through it all, the judges and the bosses persist in playing the same old games.

In the midst of the storm, Assemblyman Clarence Norman, Brooklyn's top Democrat, is proceeding to create the 2003 class of state Supreme Court justices as if nothing has happened. Eight justices will be elected to 14-year terms this fall. All to be handpicked by Norman after being okayed by his rigged screening committee.

Three of the spots belong to incumbents pursuing reelection. The five vacancies have lured 22 contenders, 20 of them Civil Court judges. That's striking since Brooklyn has only 31 Civil Court judges. Bottom line: loyalty to Norman will be what counts.

Take Civil Court Judge Arthur Schack. His wife, Dilia, is one of the 42 Democratic district leaders who comprise the foundation of Norman's strength. Another possible new Supreme is Civil Court Judge Rachel Amy Adams. As the Daily News' Michael Blood first reported, her seat was bought with a no-interest loan from former party boss and Norman mentor Howie Golden. She also has the distinction of having been law secretary to the recently indicted Justice Gerald Garson. By the way, her husband was Golden's top aide.

Most of the rest of the candidates, having run with party backing in the past, have strong ties to Norman. And being seasoned judges, they all know what to do to have a shot at the big time of Supreme Court: Be nice to Norman.

One crucial step is to support Norman's annual fund-raising dinner. It was held May 1. According to a seating list this page has obtained, the names of 18 of the Civil Court judges up for the Supreme Court appear on the roster. But they weren't the only sitting judges who paid the boss $300 a ticket and bought ads in the dinner journal. All three of the Supreme Court justices seeking reelection were there. So were most of the Supremes and Civils elected last fall. They were paying their respects and paying back the boss.

The list included 29 Brooklyn judges. These misguided jurists may think they were supporting the Democratic Party. Not true. With some 500 attendees, the dinner takes in about $150,000 before expenses. In a typical year, it's the party's biggest single money maker. But not this year. In 2003, the money didn't go the party. It went to a group called The Brooklyn Democrats, a PAC controlled by Norman. It's a trick he has often pulled in years past.

There's a world of difference between The Brooklyn Democrats and the Kings County Democratic Committee. The latter is the legally recognized party that controls the ballot line. The Brooklyn Democrats is run by Norman and his current bagman, William Boone, whom Hynes is investigating. More than one district leader has complained that their names were used to promote the dinner, yet the proceeds went entirely to Norman's PAC.

Norman has other sly moves. Example: In 2001, Civil Court Judge Howard Ruditzky wanted to go to the Supreme Court. Norman agreed. But since Ruditzky's 10-year term on the lower bench was up, the party wanted him to run again for that job. Then, after he won the primary for reelection, he would be promoted to Supreme, creating a vacancy on the Civil Court that the party could then fill without an election. The man preselected was Richard Goldberg, law partner to Steven Cohn, party secretary and mainstay in Norman's ruling clique.

Problem was Ruditzky lost the primary to a reformer - meaning Goldberg was out of luck. But Ruditzky still demanded to be moved to Supreme. He was. Now the machinations behind this strange move and the hefty campaign funds spent are being probed by DA Hynes.

This year, there could be two similar maneuvers involving Civil Court Judges Kathryn Smith and Lila Gold, who are up for reelection yet seek promotion to the Supreme Court. Goldberg again is reported to be a beneficiary should the gambit work. Even though this cynical manipulation of the voting process has gotten his gang into trouble before, Norman remains unfazed. And with the entire city and the DA watching, he shamelessly plans to try it again. He never learns.

Anonymous said...

Who are Saul Edelstein and Rachel Adams?

Anonymous said...

I found out that CPS in Orange County, New York has been sued before for making false reports and they lost. It only takes 2 people for a class action law suit. Maybe somebody else in Orange County, New York had the same problem and want to file suit together with Bringmykidshom.

Anonymous said...

I need some information on where do I find the information about donations made to judges.

Bringmykidshome said...

I find out that Bernadette Lupinetti is really big on fundraising and involved with the schools. I wonder if this was the reason Monroe Woodbury School District in Orange County, New York sign up both my children for school without a custody order and only with a notarized letter from my ex Carl A. Scheuering stating the children were residents of the State of New York before the kids where in New York.

I mean I know Bernadette Lupinetti and Gary Greenwald were "Allegedly" conspiring to commit a crime.

But the principal of the school where my daughter goes to now North Main Elementary in Monroe, New York knew very well who Bernadette Lupinetti's was. The high School my son goes to Monroe Woodbury High School in Central Valley the vice principal knew very well who Gary Greenwald was.

I must find the connection of the schools as it seem Bernadette Lupinetti and Gary Greenwald are very well connected in that county when it comes to "Allegedly" breaking the law and signing children up for school without custody orders.

It is Scary that Monroe Woodbury School District in Orange County, New York will sign up a child without a custody order. Monroe Woodbury knew as I sent a copy of the custody order that stated that Carl Scheuering did not have custody. It opens the door to find out how many other Kidnapped children are sign up in that school and other schools in Orange County, New York. This county is like Pedophiles Heaven, they just take a child get a notarized letter and they can start a new life and nobody will know.

Anonymous said...

saul edelstein, isn't that adam and paul edelstein's father.

Rachel adam is now the Supreme Court Justice from Brooklyn - and Yikes get this..... was the law secretary from the indicted supreme court judge Gerald Garson who took money caught on video camera.

Where do these people go to law school??? or maybe snoring away or never took their oath of office

Anonymous said...

Board of Election (check, city, state and federal) - follow the money folks $$$$$$$$

greedy people - oink, oink, oink

Anonymous said...

Bernadette Lupinetti and Gary Greenwald - has anyone check if they are good standing - pls contact the bar association. Can someone tell us where and when they graduate from law school?

check the courts, they can't possibly be out of radar. someone out there, a client, ex-friends, previous law partners - it's hard to teach an old dog new tricks.

anyone else has them????

Anonymous said...

Law Guardian is under strict rule by Chief Justice Kaye - I know of a story where the law guardian billed more than 24 hours.

There is a way, you can find out who appointed who and how much the law guardian is getting.

NYS has their own budget - complaint to the Governor or the Attorney General Public Integrity's office.

If Feds money are being misappropiated, then the US Attoney's office would love to hear the complaint.

Anonymous said...

Publication:The New York Sun; Date:Jun 30, 2003; Section:Front page; Page:1

‘Regime Change’ Should Be Goal of Judge Probe


Although the Brooklyn judicial and political scandal is still unraveling, this is a good time to look at what’s happened — and take a peek at where it’s likely to go next.

It’s a story about a system and a culture, not particular personalities. The goal of the series of articles I have been writing with Colin Miner is to provide sufficient information to reform how judges are selected, and to cause regime change in the clubhouse institution.

This is not about counting indictments; it is about making justice honest and impartial in Brooklyn, separating the clubhouse and the courthouse.

After reporting this story for a month, it seems that the Democratic Party of Brooklyn may be a racketeering enterprise under the definition of the state’s version of the RICO Statute. This is the analysis that Brooklyn Assemblyman Jim Brennan gave me five years ago; it is more valid today than ever.

Under party boss Clarence Norman, candidates for judgeships and public office have been pressured to hire specific vendors, consultants, and Election Day operatives to keep the party’s endorsement, and get on the organization’s palm cards. This is a shakedown. It might be extortion. It is the party using its power to compel candidates to pay a series of tollbooths.

Three judges have told prosecutors they felt coerced to hire Ernie Lendler’s printing company, William Boone III, or make "rent" payments or "contributions" to Mr. Norman’s clubhouse, if they hoped to get elected.

Several candidates for high public office — including Ruth Messinger — have told similar stories to the Brooklyn district attorney’s office. Conversely, the recent candidates who did not pay — Fernando Ferrer, Catherine Abate, Oliver Koppell, and Ms. Messinger — did not get the support of the Brooklyn organization.

Candidates who paid the right people — like Alan Hevesi for mayor in the primary, Mark Green for mayor in the run-off, William Thompson for controller, and Eliot Spitzer for attorney general — got endorsed. After Mr. Spitzer won, he hired one of Norman’s designated consultants, Carl Andrews, for his staff. After Mr. Thompson won, he hired another of Mr. Norman’s designated consultants, Jackie Ward, for his staff, at $80,000 a year.

This is the racket that needs repair and reform. It creates the appearance of auctioning endorsements.

When I asked Mr. Ferrer if he was asked for any payments during the 2001 mayoral run-off, he quipped, "It never got to that. Green made a preemptive bid."

The same mercenary system operates for judgeships. Even judicial candidates in uncontested elections have to raise $50,000 and hire clubhouse consultants who are Mr. Norman’s cronies. Rachel Adams and Robin Garson are recent examples of this.

Judges who emerge from this culture tend to be political insiders lacking in character and impartiality. That’s why the arrest rate among Brooklyn judges the last year has been higher than the arrest rate among the borough’s general population.The Garson family of three judges — Gerald, Robin, and Michael — may end up looking like the Snopes clan of Court Street. Gerald is under indictment and his cousin, Michael, is being investigated for siphoning about $800,000 out of his elderly aunt’s bank account.

The political system did not start with Jackie Ward getting $92,000 for five weeks of work, out of the $245,000 the Green campaign paid to Mr. Norman’s clubhouse the same week he received Mr. Norman’s endorsement for mayor. This has been a way of life during Mr. Norman’s 13-year reign as party boss.

Between 1993 and 1998, campaign consultant Carl Andrews received $101,000 from candidates Mr. Norman endorsed. He got $38,000 from Mike Feinberg’s 1996 campaign for Brooklyn surrogate. He got $8,000 from Eliot Spitzer’s 1998 campaign for attorney general — and a staff job after Mr. Spitzer won.

William Boone collected $39,000 during these five years from candidates and committees backed by Mr. Norman. He also got $4,500 out of Mr. Green’s $245,000.

A former judge, Karen Yellen, has told prosecutors she was coerced to pay Mr. Boone $9,000 during her losing campaign last year — and that he did no work.

Two other judicial candidates have subsequently come forward to corroborate Ms. Yellen’s story of feeling extorted in their campaigns.

Between 1993 and 1998 winning judicial candidates — Victor Barron, Mike Feinberg, Karen Rothenberg, and Bruce Balter — all reported paying "rent" to Mr. Norman’s club during their elections to become judges.

The $245,000 the Green campaign disclosed it paid to Mr. Norman’s clubhouse fits this historical pattern. It is up to the grand jury to determine if it was a bribe for the endorsement.

I don’t know the answer.

The more answerable question is: How was this money spent? Was it laundered through political clubs to pay for racist fliers and anonymous phone calls used to damage Mr. Ferrer’s run-off campaign? Remember, Mr. Ferrer won the first primary by 5%.

None of Mr. Green’s campaign filings have explained who paid for these fliers and calls. It may take putting all the key players under oath in the grand jury to get to the truth.

If they were paid for in cash, with washed money, that is the crime of money laundering. The Campaign Finance Board is still requesting receipts and cancelled checks from the Green campaign to account for this $245,000.

The great irony here is that when the New York Times endorsed Mr. Green over Mr. Ferrer in the run-off, its rationale was that Mr. Green was free of clubhouse influence.

The Times editorial appeared on October 10, 2001, after the Green campaign paid the $245,000. It read:

"The differences between the two men, which were noticeable before, have stretched to formidable over the last few weeks.

"Mr. Ferrer is a product of the Bronx Democratic machine, and his career has hewed closely to the party organization’s political rulebook. Mr. Green has always been a political outsider, who had to fight for what he wanted, an idea man who specialized in problem solving."

We are still in the early stages of an investigation that District Attorney Charles Hynes says will last another year.

We need to keep our eyes on the prize — reforming the way judges are chosen, and separating the clubhouse from the courthouse.

The New York Times editorial page needs to catch up and make amends about how to reach this prize and who its real friends are.

The Daily News editorial page also needs to make some atonement, as it tries to win a Pulitzer Prize with uncalibrated braying about the Brooklyn judiciary, and a year of bashing Mr. Hynes when he was the only one prosecuting venal judges in New York City.

Margarita Lopez Torres has emerged as the symbol of an independent Brooklyn judiciary.

Last year, Clarence Norman tried to dump her off the bench because she had the guts to refuse to hire an unqualified law secretary that judgemaker and patronage baron Vito Lopez asked her to hire. Mr. Norman denied her re-nomination as a reprisal for this act of integrity.

Ms. Lopez Torres beat Mr. Norman’s machine in the September primary. Yet, the Daily News’ editorial page failed to endorse her in that election, when her career, and the principle of a merit-based judiciary, were on the line.

Anonymous said...

Judge Panepinto - anyone has this judge? why would edelstein, faegenburg and brown gave money to a supreme court justice in Staten Island - $ 500, 11/5/06 according to www.elections.state.ny.us ????

to re-elect her? weird?

Anonymous said...

Brooklyn Independent Democrats - what is this? anyone???

Anonymous said...

To anonymous re: Brooklyn Democratic Club: hey check this out -

Democrats in Brooklyn: Vito Lopez Continues the Corruption
Submitted by mole333 on Tue, 2006-02-21 10:53.
Brooklyn | Corruption | Crime | Democratic Party | Government | Politics

In the past I have touched on the sad corruption in my own Brooklyn Democratic Party. It always depresses me when I write about how lousy my own party is in my own city. I want a strong, honest party I can be proud of, not the weak, corrupt mess that we have that delivers one of the nation's lowest voter turnouts. What is even more telling is that the HIGHEST turnout assembly districts tend to be the one that are covered by the reform clubs, not the districts controlled by the machine. So I was thrilled when the Democratic District Attorney in Brooklyn took down Clarence Norman, the corrupt Democratic Party boss in Brooklyn convicted on corruption charges. I have held this up as an example of how the Democratic Party differs from the Republican Party which does nothing about its most corrupt members.

The well-deserved downfall of Clarance Norman is progress. But the new head of the Brooklyn Democrats is Vito Lopez, who was a close ally of the now convicted Clarence Norman. Meet the new boss? Same as the old boss? According to Vito Lopez and his allies, Vito is untainted by corruption and will be a reformer. They are telling us that they will be different from Clarence Norman's corrupt machine. But, sad to say, this is not proving to be true. Vito Lopez is nothing more than a more organized version of Clarence Norman's corruption.

Vito Lopez was an integral part of Clarence Norman’s corrupt machine, and together they did their best to ruin the career of reform-minded judge Margarita Lopez Torrez after Lopez Torres refused to appoint cronies of Vito Lopez.

From New York Civic:

Ironically, it was the actions of ex-Assemblyman and Brooklyn Democratic leader Clarence Norman, until his felony conviction in fall 2005, and Assemblyman Vito Lopez, his successor, that began the chain of circumstances that led to this decision. When Margarita Lopez-Torres was elected to a county-wide Civil Court in Brooklyn in 1993 on the recommendation of Vito Lopez, she rejected every job applicant sent to her by the county organization, including Mr. Lopez' daughter who sought employment as a law secretary. The payback for this defiance was the county's refusal to designate her for re-election when her term expired in 2003. She ran anyway, winning re-nomination in a sharply contested Democratic primary. The next year, she sought the county designation for Supreme Court Justice, which was decided by a judicial convention, not a primary. Predictably, the county organization turned her down although she was among the longest serving judges on the civil court.

In the spring of 2005 the position of Surrogate suddenly became vacant when Justice Michael Feinberg was removed for corruption by the Court of Appeals, upholding the recommendation of the Commission on Judicial Conduct. You can find details of l'affaire Feinberg on our website; just google his name. The vacancy thus created came in time to be filled by a primary. Three candidates competed, and Judge Torres won by an extremely narrow margin, some 200 votes.

And from the Daily News:

Brooklyn's ex-boss, convicted felon Clarence Norman, and its new Dem boss, Assemblyman Vito Lopez, did their best to knock Lopez Torres out of a Civil Court position and to block her from a more powerful Supreme Court seat. To her credit, Lopez Torres kept running for Supreme Court and became the public face of reform…

There's a good chance the state's party bosses will use Albany to recapture control of the judge-making machinery. (Four out of five of the city's Democratic county bosses, after all, are members of the Assembly.)

That means reform-minded political clubs and ambitious but honest lawyers need to hit the streets and start campaigning for Supreme Court - this year, while the historic window of opportunity is still open.

Vito Lopez was an INTEGRAL PART of the judicial corruption of the Clarence Norman machine. And he was nasty and aggressive in his attempts at revenge agains Lopez Torres.

In addition to the cronyism that got Margarita Lopez Torrez in trouble with Vito Lopez, Vito has favored his girlfriend with a lucrative development deal in 2004 and gave his girlfriend’s brother a judicial position. From Lambda Independent Democrats:

The lengthy lead story in the Real Estate section [of the NY Times] credited Lopez with sparking a massive rebuilding effort in Bushwick, way back when he was a graduate student in 1971, and then carrying it through. The story also mentioned that Angela Battaglia's agency is the developer for a $20 million component of the rebuilding effort. It even pictured Lopez and Battaglia standing together in front of new housing construction. But the story omitted that Battaglia is Lopez's girlfriend. Does that connection at least deserve mention? Might the article have explained why there was or wasn't a conflict of interest present? Was it a coincidence that Lopez's girlfriend's outfit was put in charge of the $20 million deal? Inquiring minds would like to know. It may well be that everything was done on the up-and-up. But given Lopez's tendency to do favors for his friends-for example, he helped make his girlfriend's brother Jack Battaglia a Civil Court judge-the Times should have explored the question.

And despite claims from Vito Lopez and his followers that the new boss is different from the old, now convicted, boss, so far Vito Lopez has been right there in the middle of the judicial corruption of the Norman machine.

From the Daily News:

Livin' la Vito Lopez

Declaring that he saw no evil and heard no evil, former Brooklyn Democratic boss Clarence Norman says he can speak no evil about corruption among the borough's judges. He'll not be talking to District Attorney Charles Hynes anytime soon, so hopes for quick disinfection have faded for the moment.

Just as dispiriting, party regulars chose as the convicted Norman's successor Assemblyman Vito Lopez, an old-time ward heeler from Bushwick who has never shown a zeal for reform until, gee whiz, now. He vows the party will consult a panel of learned men and women, such as Brooklyn Law School's dean, about picking quality judges.

We've seen this movie before, and the ending stinks. Two years ago, Norman and party district leaders, Lopez included, pledged they would never support a candidate for a judgeship who had not been approved by an independent screening commission. This year, for the first time, the panel reviewed Civil Court candidates.

And guess what? The party shoehorned two lawyers onto the bench without any screening. Kenny Sherman, son of district leader Roberta Sherman, will get a 10-year Civil Court term without so much as a primary. And Canarsie Assemblyman Frank Seddio was awarded an uncontested ballot line for Surrogate's Court. So much for quality control. So much for keeping your word.

And Vito Lopez has his own legal problems. From the November, 25, 2005 NY Post via Judicial Accountability:

Instead, say the activists, Lopez for years has shacked up in a Queens condo owned by his girlfriend, Planning Commissioner Angela Battaglia, who also happens to be executive director of a housing nonprofit Lopez founded.

A spokesman confirmed that the district attorney had received the complaint, dated Oct. 24, but declined to say if an investigation has begun.

Falsifying a voter-registration address is a felony…

Property records show that the address where Lopez is registered to vote, 64 Conselyea St. in Williamsburg, is owned by a woman named Tillie Tarantino.

Tarantino is executive director of the Swinging 60s Senior Center in Greenpoint, which is funded by a Lopez-backed nonprofit…

Vito Lopez seems embroiled in corruption and cronyism on a level similar to the kind I rail at the Bush Administration and Republicans for. Considering Vito Lopez a reformer is similar to the Republicans declaring Tom DeLay’s replacement, John Boehner (R-Ohio), a reformer. It just isn’t true! I don’t believe apologists for Republican corruption and I refuse to believe apologists for Democratic corruption either. The Brooklyn Democrats are in desperate need of reform and Vito Lopez is NOT the person to do it except through future indictments for his own corruption.

I remain embarassed by my local Democratic Party

Anonymous said...

After Clarence Norman: Is Reform Possible?
by Amy Ngai
October, 2005

Clarence Norman, a notorious political powerhouse in Brooklyn, was recently convicted of three felony counts and one misdemeanor for soliciting and receiving illegal campaign contributions. The unanimous verdict is just the latest installment in a larger investigation into the claim that judgeships are for sale in Brooklyn. District Attorney Charles Hynes, who himself once had the support of Norman and the Brooklyn Democratic organization, has been pursuing this case since 2003.

Although Norman, who has now given up his seat in the State Assembly and his leadership of the Brooklyn Democratic Party, was not charged directly with selling judgeships, the case has brought needed attention to the process by which judges are nominated and elected, and to the political potency of the Brooklyn Democratic organization. The growing scandal prompted Mayor Michael Bloomberg to call for a reform of the judicial selection process and the political patronage that surrounds the process. “It’s high time to clean out the smoky backrooms of the judicial selection process,” the mayor said at a recent event for Citizens Union (the good government group affiliated with Citizens Union Foundation, which publishes Gotham Gazette.)

Hynes’ prosecution of Norman and the inquiry into the workings of the Brooklyn Democratic organization have also illuminated the undemocratic process of filling vacancies in elected office.

The Norman verdict created a political vacuum, opening up two leadership positions in the Brooklyn Democratic Party and creating a vacant seat in the State Assembly. Unfortunately, but unsurprisingly, the worst kind of party politics has guided the selection of all three posts, even the elected office.

In a closed selection process at the St. Mark’s School in Crown Heights, 127 members of the party county committee chose Reverend Karim Camara, a colleague of Reverend Clarence Norman Sr., as the Democratic nominee to replace Norman Jr. in the 43rd Assembly District.

Geoffrey Davis, the candidate of the Independence Party, in an interview with the New York Sun likened the process to a “Mafia style” selection when “the Godfather goes to jail and picks his successor.” Also running is Kenneth Cook, a previous candidate for Brooklyn Borough President. He has the support of the Republican, Libertarian and Conservative party.

The Democratic nomination not only virtually ensures Camara’s victory in the special election in the overwhelmingly Democratic district but, with the power of incumbency and the lack of term limits in the state house, he has, in effect, a lifetime appointment to a supposedly democratically elected office. Norman represented the district for 23 years and probably could have kept it for another 23 had he not been convicted and subsequently removed from office.

Additionally, current legislative measures actually perpetuate the status quo of keeping the voter out of the political process. According to the Public Officers Law, the governor has the authority to call a special election for vacancies that occur in the middle of an official term. The process requires that party nominations, filing of petitions, certification, and election must occur within 30 to 45 days. This truncated calendar eliminates the primary and allows for the closed-door nomination process instead. This fuels the notion that voters do not have a say in the selection of public officials and gives even the emasculated political machines a way to wield power.

Rank and file Democratic Party members also had no voice in the selection of the two leadership positions vacated by Norman. In a closed procession, the county organization picked Assemblymember Vito Lopez as the new county leader for the Brooklyn Democratic Party and party loyalist Moses Moore for Norman’s district leader post.

Although reform of party practices by the parties themselves seemss implausible, Mayor Bloomberg apparently believes judicial selection can be removed from political influences. In his speech at Citizens Union, he declared, “It’s time to take the back-room deals and politics out of our judicial system and move toward a merit-based system for the appointment of judges.” He called for the creation of a blue-ribbon panel to review all candidates for judge before they go before the voters. This would be similar to the appointment process for criminal and family courts. Such a change requires approval by the state legislature.

His reform proposal comes in response to a number of recent controversies, including the creation of a second Surrogate Court position for Brooklyn. As reported by Gotham Gazette, “In the middle of the night, both houses of the legislature passed a bill to create 21 new judgeships throughout the state.” Governor George Pataki signed the bill into law. Because the law passed after August 1 –- after the filing deadline for the September primary -- Brooklyn’s political leaders were able to appoint yet another crony to an elected position. For that plum position, the political machine chose longtime Norman supporter Assemblymember Frank Seddio.

In the case of the other Surrogate's Court seat in Brooklyn, both the Democratic machine and reform activists have taken their gloves off. The seat was left vacant after Judge Michael Feinberg was ousted because of misconduct. Despite efforts by the party backed candidate Diana Johnson to challenge the victory of reform candidate Margarita Lopez Torres in the Democratic primary, Torres won. A recount of questionable affidavit ballots ordered by the Appellate Division of the State Supreme Court doubled Torres' lead from 109 votes to 205 votes in the final count.

Amy Ngai is program associate of Citizens Union Foundation (publishers of Gotham Gazette).

Anonymous said...

This is getting scarier and scarier

Ex-Wife Tells Daily News
Mason Bought Judgeship
But Didn't Support Kids.
He Says His Ex Is"Bitter".

Henry J. Stern

January 23, 2007

The scandal of judgeships for sale in Brooklyn broke open today with the ex-wife of a former judge telling the story of the payoffs they made to get him Democratic nominations for the New York State Civil Supreme Court.

The page one headline; JUDGE 'FOR SALE', Ex-wife: Payoffs got my hubby a seat on bench. is followed by a two-page spread on pages 4 and 5, headlined HOW MY EX-HUBBY PAID TO BE JUDGE Former wife claims cash & bribery 'package deal'.

The exclusive story is by Nancie L. Katz. This is her lede:

"In a shocking new twist in the exploding ‘judgeships for sale’ scandal, the ex-wife of a disgraced Brooklyn Supreme Court judge has revealed details of a systematic payoff scheme that bought
her husband his seat on the bench.

Tessa Abrams Mason alleges the couple spent nearly $100,000 cash,-- some of it bribe money -- to boost the legal career of her then-husband, former Supreme Court Justice Reynold Mason.

In a series of exclusive interviews, Abrams Mason implicated well-known Brooklyn Democrats in the deals -- including former State Sen. Carl Andrews -- who has close ties to Gov. Spitzer."

"Her ex-husband was stripped of his post in 2003 after she told that state Commission on Judicial Conduct that he dipped into a client escrow account to fund his campaign -- an accusation that the commission substantiated. Mason, 57, now a real estate agent in Georgia, has been ducking court-ordered child support payments for years."

In another story on page 5, Ms. Katz reports that ”disgraced ex-Democratic boss Clarence Norman is to go on trial today for the fourth time." Two of his first three trials resulted in convictions, and one led to acquittal.

The irony here is that Mason stole from his clients to pay the money he was charged for the judgeship. Dipping into escrow funds is a crime. Other judges have taken bribes to decide cases in order to amortize their investment in a judicial position, Judge Mason is not accused of that offense.

Under current practice, candidates are compelled to pay substantial sums to require judicial nominations. Some of the money is allegedly for printing and campaign services to firms chosen by politicians. If the candidate has the Democratic nomination, these services are unnecessary because they are assured of election. The purchase of services is sometimes a ruse to conceal a political payoff.

District Attorney Charles J. Hynes's office said they were unaware of Ms. Abrams Mason's charges, and would look into them. "Based on the scope of our investigation, we take any allegations of corruption seriously." said Hynes' spokesman Jerry Schmetterer.

If Ms. Abrams Mason tells her story in court, it could mean a fifth trial for Clarence Norman and could prevent Carl Andrews from getting the important position he has sought from Governor Spitzer. Having gone public in the Daily News, Ms. Mason is certain to be called to give evidence in the case that may be brought.

In Mason’s case, his first election to the Civil Court, was a primary contested which he narrowly won. In that situation, campaign expenditures were necessary. But when he ascended to the Supreme Court as the choice of a judicial convention controlled by Clarence Norman, there was no need to spend any money other than buying coffee for the poll-watchers.

The Daily News has called attention to this situation for years in editorials and news stories, along with the Village Voice's Wayne Barrett, Maurice Gumbs, Gary Tilzer, New York Civic, and the late Jack Newfield in the Sun. Light has pierced the
conspiracy, and as Justice Louis D. Brandeis wrote, "Sunlight is said to be the best disinfectant."

Former Judge Mason has denied all the charges made by his former wife, calling her a "bitter woman". She says he has been ducking child support orders from New York State courts for years. The Masons have three children, and if the child support allegations are true, it is understandable that his former wife would be bitter.

This type of corruption appears to be endemic in the judicial selection process in Brooklyn. It may occur in Queens and the Bronx, but it would be more discreet, and possibly fall within the law. It generally does not take place in Manhattan, which lacks the authoritarian leadership of the other counties. You notice the difference with the City Council delegations of the different boroughs, with the Bronx and Queens often acting on cue, Brooklyn falling into one or two factions, and Manhattan going every which way. Remarkably, the last two Council speakers have been from Manhattan, although they were anointed by the political leaders of other boroughs.

The problem with securing testimony in cases like thisone is that both the judicial candidates and the county leader have an interest in silence, bribery being a crime of consent. We can surmise that the people exposed so far are not the only ones who engaged in these corrupt practices. That does not mean that proof can be assembled in other cases, since most of the transactions appear to have been made in cash, rather than by check. Rule 10: "I wonder why.”

The United States Court of Appeals for the Second Circuit has affirmed District Judge John Gleeson's decision that the New York State system of judicial conventions, under which Civil Court Judge Mason, among hundreds of others, was selected to be the Democratic Party candidate for the State Supreme Court, is unconstitutional. Judge Gleeson wisely stayed the effective date of his ruling to 2007 to give the State Legislature a chance to correct the situation. Predictably, it did not, with different measures passing in the Senate and Assembly. The matter now goes back to the judge.

What are the potential remedies for this mare's nest of corruption? Governor Spitzer could appoint a Moreland Act Commission with subpoena power to investigate the mess. He could supersede District Attorney Hynes, but that is not necessarily the right thing to do at this time since, after a decade of torpor, the DA has become active in this area, has made cases against the former county leader, and secured convictions in two of them.

The question arises how much fault lies with the sitting judges? Were they victims of extortion, or simply hustlers who bought their robes? Rule 30-T: "The truth lies somewhere in between."

While some would prefer the nuclear option, abolishing the Kings County Supreme Court, and sending the judges out to practice law, leaving them at the mercy of their successors, that approach would raise significant issues of due process, to which judges are entitled even if they fail to afford it to others.

Another approach would be to divide the court in half, with half elected and half appointed. After five years a study could tell us which method resulted in better judges, fairer and faster outcomes, and more satisfied lawyers and litigants. One could go further and have a third of the judges chosen by lot from a panel of prequalified lawyers. That way judges would not owe their seat to anyone, and would be more independent.

Last September, we quoted Bill Buckley who said that he would rather be governed by the first 200 names in the Boston phone book than by the faculty of Harvard University. We agree with him, and we cite the fate of President Lawrence Summers as a reason. Credentials alone do not make the judge, we look for qualities of mind and heart to find men and women in whom we entrust our fate if we are unfortunate enough to be involved in litigation.

With today's news that starting salaries for lawyers in large New York City firms are rising to $160,000, far more than a judge earns, the problem of getting a quality judiciary is exacerbated. Ironically, the requirements to be hired as an associate at top firms are higher than those to become a judge. You can't buy a job at a law firm, and if you don’t work out you are a lot easier to fire than a judge.

There are, however, a number of honest and decent judges on most courts, who should be appreciated. While lawyers are advocates who serve their clients, judges should serve justice, which is not always easy to determine. Good judges deserve respect, bad judges deserve removal. And no judge should have to buy his job.

We believe that the Brooklyn machine is seriously threatened. But its demise is by no means assured, and too many people have too large a stake in the outcome for wickedness to vanish by itself. Constant attention and outside assistance will be needed to restore justice to the courts of our most populous borough.

Anonymous said...

Hey Esther - you would be happy to know that your Judge Joan Lobis is presiding over the shady Judge Mason from Brooklyn. How can a Manhattan Supreme Court judge get a Brooklyn case? and why Judge Joan Lobis?

There must be more cases with Judge Joan Lobis - Esther cannot be the only injustice with her judge Lobis.

Ex-judge a real stiff

Owes former wife & three kids 200G


A former Brooklyn judge whose shady dealing got him booted off the bench has embarked on a new career as a deadbeat dad, the Daily News has learned.
Ex-judge Reynold Mason has refused to pay more than $200,000 in court-ordered child support and alimony to his former wife and their three children, records show.

Now his one-time spouse, who struggles to get by on $9.45 an hour at WalMart, her daughter and two sons are facing eviction from the Long Island home.

"I am so frustrated," Tessa Abrams Mason, 46 told The News. "This should not have been. There's no end. This guy is free. It's like he has a new life and it's okay."

A former city Civil Court judge who later made the jump to state Supreme Court, Mason, 55, was removed from office in 2003 after the state Commission on Judicial Conduct found that he had pocketed escrow funds and illegally sublet his rent-stabilized apartment.

The couple met in 1989 when he was a landlord-tenant lawyer. They married in 1993. A year later, she led his campaign to become the first Caribbean-American on the Brooklyn Civil Court. In 1997, he was elected to the Supreme Court, where he earned $136,700 a year.

That same year, he left Tessa pregnant with their third child, she said. The couple was divorced in 2004 in Manhattan, where the case was moved to avoid any conflict of interest.

Up until he was tossed from the bench, she said, child-support payments of $2,600 a month were being garnished from Mason's paycheck. A $600 monthly alimony order was never paid.

Mason soon pulled up roots and moved to Georgia where he obtained a real estate license and today sells homes for a large brokerage.

His real estate Web site highlights his former judicial and legal career, plus teaching stints at three New York colleges.

But there's no mention of his deadbeat ways, Abrams Mason noted.

His tab has risen to $200,000 in child support plus alimony, according to city records.

He has ignored repeated judgments issued by Manhattan Supreme Court Justice Joan Lobis.

Reached by phone in Georgia last week, the ex-judge declined comment. "Send me a copy [of the article]," he said. "Say whatever you want."

Abrams Mason said she has appealed to the city's child support enforcement unit and the city Law Department, which is supposed to alert officials in Georgia of Mason's debts.

A Law Department official said that Georgia authorities have been notified.

Yet Abrams Mason still struggles to live on $1,500 a month, and now must find another place to live because the small, affordable house a friend had rented her has been foreclosed.

"It's hurting our children," she said. "I can barely live on what I make. I can't take a second job, I have to take care of the kids."

Originally published on November 12, 2006

Concerned Citizens of New York said...

Well this has turned into a lively exchange. To bringhomemykids why don't you tell us your story so we can put your comments in context. To Esther Yang please give us an update on your struggle to enjoy the Chinese New Year with your daughter. We are gratified to see some concrete suggestions and soon we will post some of our own.

Birngmykidshome said...

This is a short version of my story:

I left my husband after years of abuse and humiliations. This man humiliated in front of my kids, family and neighbors. In 1995, he sent me to the hospital with a blow to the abdomen; I was 7 months pregnant with my daughter. I was feeding my son who was 2 ½ and he got mad because, I would not pay attention when he was speaking. He decided to take his hard rubber sleeper off and throw it at my abdomen, he was on drugs. I was so ashamed I could not tell anybody so, when I went to the hospital out of fear and shame I lied but they did not believe that I was hit with a ball playing outside. This man kicked me, pushed me and insulted me during my pregnancies. Coming from a Hispanic family your problems stay at home, is your problem deal with it.

He got worse and became perverted he demanded for me to do things I refused to do and his abuse became worse. He forced me to do things and I fought back but I was alone and needed to protect my children. He always told me if you leave me, I will take the kids and you will never see them again. He told me he would never rest until he put me in jail and out on the street. The abuse became worse and some of the things he did are too painful and embarrassing for me to mention.

In 2001, I had a car accident, I had permanent damaged, and he became more abusive. He even told me to commit suicide as him and the children would be better off if I was dead. He tortured me so bad, he would come at night and throw cold water in my face to wake me up, would wait until I felt as sleep to wake me up with a scream. At that point, I became so sick I began having panic attacks. Well he tried to drive me crazy and he would do it at night when I was sleeping in the middle of the night he would scream at me and corner me until I was on the floor in a fetus position crying begging him to stop. It was then when I decided it was time to get out.

In 2003 I went away alone he suggested a vacation to clear my mind. Oh my God did I clear my mind. I came back and told him I wanted a divorce. Well hell broke loose he would take pictures of me when I was sleeping, one time I was taking a shower and I caught him trying to take pictures of me when I heard my daughter saying “daddy why are you taking a picture of mommy when she is in the shower.” I was horrified and the last drop was when I was sleeping with my kids out of fear of been raped, and he ejaculated on top of me when I was sleeping in bed with my kids. I called the police got an order of protection and he was removed from the house.

We went to Orange County Family Court and I got my permanent order of protection which he violated a couple of times until finally the Village of Monroe Police department decided to arrest him. I got custody of my kids and he agreed we could leave to the State of Florida. We left and he began litigations until today. I am completely broke and now they want child support and an amount set by them of $1,000 a month, 1/3 of medical expenses a month and $140 for after school care. He can take care of the kids in the morning and in the afternoon. I was always with my kids nobody but me took care of them.

I found out recently that my ex and his attorney have been planning to take my children since 2003 as I hold evidence of their alleged scheme that involves the courts. Due to the ongoing litigations, certain things I would keep to myself as I am putting all of the evidence together. I hold evidence including a recording that will prove who Bernadette Lupinetti is a human without a soul. I have concluded that these monsters get sadistic pleasure in torturing other human beings.

Now I can even talk to my kids and I was not even allow to say good-bye weeks before Christmas. I could not even call them to wish them a Merry Christmas. I did get a phone call from my son asking me for things. But I could not tell him that I was not allowed to even talk to them, so he called me back a couple of days later. He was so angry call me a liar, gay, lesbian, told me I was crazy and the courts were right, that I was never going to win in court to stop going there, that this country was only for white people to go back to my country. He told me that either I send him what he had requested or Bernadette Lupinetti was going to force me just like she took his sister away. He told me I bet you, you spend your days and nights crawled up in bed crying that you are never going to see us again or talk to his sister.

During the proceedings in December 14, 2006 Judge John K. McGuirk, Bernadette Lupinetti and Gary Greenwald spent that last day insulting me. I was compared to a child molester, drug addict, and alcoholic. I was called a liar, crazy and no credibility and with an unrealistic idea that I can enter into law school. The Judge stated on the record that my children need it a safe home where they can grow in wisdom, age and RACE. That my daughter did not want to live around Hispanics. I have not seen my kids since December 13, 2006. I have not cried and filled with righteous indignation. I promised my child that I would make them pay for every single tear they had made her shed. I will not stop until Bernadette Lupinetti, Gary Greenwald, Judge John K. McGuirk and Carl A. Scheuering pay for their crimes against my children.

Of course the Court granted this batterer to proceed with the Divorce on the grounds of its own crimes against me and my children.
Judge McGuirk on the record stated that Domestic Violence does not pertained to s Custoty Case.

Anonymous said...

The only thing I can say about bringmykidshome story is keep fighting for your kids. It takes a strong woman to tell her story.

Anonymous said...

To bring my kids home:

Find out who is the principal of your kids school, her supervisor and the state education commissioner - go to state and federal law enforcement and show the fraud. These people are appointed so start reading the minutes who appoints who.

It's a lot of work but you will be doing all of us a favor.

then google FERPA ask the US attorneys to help you.

Federal people are nicer and more qualified.

Some of the state people are nice as well, have faith that God will send God's angels to you.

You will prevail - after all you did carry those 2 beautiful children of yours. They will gravitate to the good mother.

Don't focus on the brainwash and their garbage.

Get out of the victim mentality, be a warrior and start connecting the dots.

Look at school corruption and connect Bernadette's names to everyone else.

Trust me, Chief Kaye will not appreciate that one of her employees is doing fraud and fraud upon the court, neither will Governor Spitzer nor would state and Federal law enforcements.

Stay calm, cool and collected - get your information and file a complaint. You will never be the first nor will you be the last.

Never stop fighting for your kids.

Concerned Citizens of New York said...

to bringmykidshome: Thank you for reliving those painful details. Your story (like Esther Yang's)is kafkaesque. Can you locate any other victims of these judge/attys/lawguardian? It would be helpful. In addition I would like to point out that abuse begets abuse. Your son is in danger of becoming an abuser and your daughter is in danger of suffering abuse. The court has clearly sanctioned this behavior and sent a message to two impressionable minors that this is acceptable.

Esther Yang we would like to hear from you.

Bringmykidshome said...

I wrote before my son was arrested for Domestic Violence and charged with battery. His charges were dropped by the DA here in Florida with help of my estranged husband's attorney. My son is abusive to women, even to our female dog. My son has made threats to hurt his sister, me and himslef. He cuts himself and talks about suicide. I have two poems writen by my son talking about cutting himself, taken a razor and slide it across his wirst and see the blood drop to the floor. He wrote about stabbing me but that it was not easy. I caught my daughter removing the skin for the bottom of her feet and she began crying telling me how her father called her a whore and that she felt ugly. I have a recording of my daughter talking about a social worker that her father takes her too where he got mad at her and threw a lego piece at her and hit her in the hand. This social worker even testified that my son had made threats against his sister, that my son had anger towards women, and he did not trust my son been alone with his sister but recommended that the father have custody. The plot this people did was well plan for the moment. That is why the Law Guardian Bernadette Lupinetti refused to remove herslef from the case and did not allow anybody else to talk to my child. She went as far as stating that she had called my daugther's therapist and psychiatrist in the state of Florida and she could not get a hold of them. Lots of blah blah to protect the abuser and punished me for uncovering her misconduct. I got letters and emails form my daughter, an injuction for an order of protection which was denied but I stated in there what Bernadette Lupinetti has told me on the phone she was going to do months before she did. Either I am telling the truth or I am can see the future. I don't consider my self a victim I am a survivor and I will stand tall and bring them down even if it takes me an entire life. To help protect not only my children but all the children that are falling pray of these predators.

phreset44 said...

Esther's case seems very unfair . . .

Jonathan said...

It is sad Esther's case, bringmykidshome and every single mother in the United States as this problem is going on in every state. This individuals called "Fathers" are just that a name. I am a man and I'll tell you it takes a real man to be a father, and a man who hits a woman and mistreat a child is not a man and will never be a father.

Barbara said...


New York State Commission on Judicial Conduct
38-40 State Street
Albany, NY 12207

Good Morning Esteemed Commission Members,

My name is Ms. Barbara R. Morrissey, a litigant in the Albany County Family Court Family File # 7202. Presently, proceedings are in front of Judge Margaret T. Walsh. Additionally, I filed on June 9, 2006 an appeal of an order of Judge Walsh’s, which issued after on the record proceedings of April 13, 2006.

On May 12, 2005, at 9:40 AM, I personally hand delivered a typed request letter to the Albany County Family Court, addressed to The Honorable Margaret T. Walsh. The request was for a new law guardian appointment to the minor infant, Patrick J. Gaitor, founded upon allegations of severe dereliction of duty and numerous violations of the New York State Bar Association’s Law Guardian Representation Standards Volume II: Custody Cases, published November 1999.
This letter returned to myself, as an unacceptable ex-parte communication. The letter according to the court, the court sent a copy of to my then court appointed counsel, Lisa Gordon. I followed the directive of the court by discussing on more than one occasion the concerns raised in the letter of May 12, 2005 with Lisa. Lisa stated, words to the effect, the court will not remove a law guardian. On May 25, 2005 I forwarded to Jack E. Carter, Jr. of the Third Judicial Department’s Law Guardian program, the letter of May 12th, with an additional cover letter, as instructed by a representative of the Unified Court System’s 800#. I received return correspondence from Jack, stating the Judge was the responsible party to address the concerns raised in the letter of May 12th. Subsequently, I researched appropriate legal procedural requirements in a more formal effort to remove the law guardian. On September 19, 2005 at 3:24 PM, I filed an Order to Show Cause to remove the law guardian, returnable on September 30, 2005 at 9:30 AM. The law guardian never provided a written answer to the Order to Show Cause. Neither did opposing counsel. During the proceedings on September 30th, the Judge verbally denied the motion stating and I quote, “Do you know what kind of door I would open if I granted your motion.” When Judge Walsh stated this comment from the bench in a professional capacity, I was in a state of shock. Some of the thoughts, which traversed my psyche were, How could a Judge fail to provide a good lawyer to a child!? Children are so naïve, as are most adults to the legal ramifications and implications of how our legal system truly functions. How could the Judge in good conscience fail to remove the law guardian, when I gave her cold, hard, concrete fact and evidence upon which to found her decision? When I discovered on December 9, 2006, through research I conducted in preparation for writing this dispute letter Judge Walsh, herself, in fact served as a Law Guardian, my first thought was for the numerous children she had represented over the years. How many of these children were afforded the same type of Code of Conduct violating behavior she upheld by refusing to remove the law guardian of my child? Next, my thoughts turned to my own child. How his true desires, wishes, and rights went unvoiced and protected by his court appointed counsel in the Family Court of Albany County. An injustice which he has endured at the hands of an allegedly corrupt law guardian, whose severe misconduct, when brought to the attention of the bench was fully condoned and went un-relayed to the appropriate disciplinary bodies. The principle of Achem’s Razor states all things being equal the simplest answer tends to be the correct answer. I logically deduced from the Judge’s failure to act over a year and a half ago, and the new piece of information I uncovered pertaining to the Judge’s previous position as a Law Guardian, the judge simply was protecting one of her own, ALLEGEDLY. Then I simply became appalled, disgusted, and ever more lacking in confidence in the entirety of the judiciary and the Family Court system of New York State.

On August 18, 2005, I faxed at 10:49 AM, to my then court appointed lawyer, Lisa Gordon, an 8 page letter detailing my dissatisfaction with obstructing, non-zealous, representation she had afforded myself. I delivered in a sealed manila envelope a copy of this letter to a clerk named Pearl, of the Albany County Family Court addressed to the Honorable Margaret Walsh % Law Clerk Marne Onderdonk, marked confidential. This envelope officially stamped in by Pearl at 1:06 PM on August 18, 2005. Judge Walsh returned my complaint regarding the court appointed attorney, she herself appointed as my counsel as an ex parte communication, as opposed to, fulfilling her administrative judicial duty, to direct Lisa Gordon to provide competent counsel to myself. Further I received on/or about August 20, 2005 a judicially unsigned Order to Show Cause dated and stamped in by the Albany County Family Court on August 19, 2005, (Time portion of stamp missing), with a return date of August 22, 2005 at 9:15 AM from my then court appointed counsel, Lisa Gordon. As you will glean from the rest of this complaint regarding this Judge, this Order to Show Cause for the relieving of a court appointed attorney on my case, was the first of four motions from court appointed counsels on my case. The fourth motion, an Order to Show Cause, from my most recent court appointed counsel Jacquelyn Dawn Greene is returnable on Tuesday December 12, 2006 at 9:00 AM. An alleged definite pattern has emerged in the court appointed counsel system of Albany County Family Court, when an intelligent, thoughtful, creative, yet poor person, chooses to speak up and challenge the allegedly apparent, “Democratic, Tow The Party Line, Status Quo Chieftain Ruled Serfdom, Old Boy Machinery” of Albany County.

Judge Walsh inquired of myself on numerous court dates between the inception of proceedings in Albany County Family Court on May 2, 2005 at 11:13 AM and April 13, 2006, what do you want? Each time I responded with words to the effect, justice, my son protected, our day in court, and a trial of all allegations.
As preliminary proceedings continued, the Judge knew from on the record statements of the lawyers for petitioner and respondent, the fact discovery and depositions between the parties were scheduled. I through my then court appointed counsel Ellen Schell of the Legal Project, provided all documents requested by opposing counsel for discovery and was deposed by opposing counsel, Peter J. Scagnelli at his offices, 48 Columbia Street Albany, NY 12207 on March 15, 2006. A motion to compel discovery demands filed by counsel, Ellen, on/or about March 14, 2006, oral argument not requested, was decided upon by Judge Walsh on March 30, 2006 in a written decision of the bench. On or about April 7, 2006 in a phone conversation with counsel, I received a summarized version of the Judge’s written decision. I requested of counsel to receive a copy of the Judge’s written decision for my records and review. My counsel did comply with this request by forwarding to myself a copy of Judge Walsh’s written decision. I learned from this written decision, after researching the decision, Judge Walsh in fact, allowed a violation of procedure to occur with regard to my participation in discovery and depositions. The written transcript of the proceedings, the family court file, and my files leading up to my participation in discovery and depositions will prove Peter J. Scagnelli failed to formally ask leave of the court to seek discovery in accord with NYS CPLR § 408. Due to the fact Judge Walsh was fully aware of the fact the parties were in the discovery and deposition portions of the family court, case law defined, special proceedings, it was incumbent upon herself to notify all parties of the procedural defect on the part of Peter J. Scagnelli. Judge Walsh’s alleged integrity failure to correct the defect prior to, my participation in discovery and depositions, as opposed to, after my participation allegedly reeks of bias, prejudice, disrespect for the law, and an ignoble character. This allegation is founded upon the Judge’s own words in her written decision. Judge Walsh, I allege intentionally failed to fulfill her adjudicative responsibility to uphold the impartiality of the bench, be faithful to the law, maintain professional competence in the law, and to perform her duties without bias and prejudice, because of “social, political pressure”, due to the positions both respondents hold within the New York State Division of Criminal Justice Services. Moreover, due to the fact, one of the respondents in this case is a former Albany County Sheriff and the other respondent is a former employee of the NYS Commission of Correction. Also the allegation of “social, political pressure” influencing the Judge’s actions and decisions in this case is, because one of the allegedly, “worst kept secrets in Albany County” is the fact minorities, the poor, and women, are in a continual state of marginalization by certain members of the allegedly classist, racist, power structure within Albany County, NY.

On/or about April 5, 2006 Ellen Schell filed a motion seeking leave of the court for herself to be relieved as my counsel. The hearing on this motion took place on April 13, 2006 at about 3:30 PM. The written transcript of this particular proceeding I possess. At the beginning of the proceedings on April 13th, I twice stated I desired a new attorney outside of this jurisdiction and the legally proscribed allowance of 30 days to acquire new counsel. Judge Walsh also stated, as the transcript reflects, “ I’m not sure assigning another attorney is going to result in anything different at this point. Do you want to proceed pro se? Do you want to hire an attorney, what do you want to do?” Judge Walsh was and is to this day fully knowledgeable as to the fact of my socio-economic stature, and my court recognized status as a poor person. When Judge Walsh made this comment she exhibited a lack of fiduciary responsibility to afford myself right to court appointed counsel. Additionally, her words, facial expressions and overall demeanor exhibited toward myself allegedly showed a form of socio-economic discrimination simply because I am a poor person. Frankly, honestly speaking this is one of the reasons the, general public, myself included carry little or no faith and/or trust in the majority of the judiciary in the State of New York. Judge Walsh in this specific instance failed to act in a manner, which promotes public confidence in the integrity and impartiality of the judiciary. Judicial Ethics Joint Opinion number 01-100 and 01-101, dated December 13, 2001 speaks to the very issue of right to counsel on behalf of indigent defendants. Even though this ethics opinion speaks directly to criminal defendants, the spirit of their opinion qualitatively applies in this circumstance. “That there exists a constitutional obligation to provide competent counsel to represent indigent criminal defendants and that there are duties imposed upon the judiciary in the fulfillment of that obligation hardly require elaboration.” Due to the fact, vernacularly speaking, “I lawyered up”, Judge Margaret T. Walsh fully knew her responsibility at the exact moment I requested new counsel was to immediately stop the proceedings. Yet, this did not occur. This is one of the legal points raised with the higher court in the perfection of the appeal.

I filed new Family Offense petitions, founded upon new allegations of bad acts of the respondents, in Albany County Family Court on June 27, 2006 at 3:10 PM. During the course of proceedings on these petitions, my sixth court appointed lawyer, since the initial petition of this case on April 16, 1999 at 9:20 AM, Sharon Lee McNulty, filed an Order to Show Cause against myself, for her removal as my counsel. This motion I answered in a pro se capacity. My answer and motion to dismiss were 9 pages, with 59 pages of exhibits. The return date of the Order to Show Cause was November 16, 2006 at 10:00 AM. At the very beginning of this hearing, Judge Walsh, upon allegedly false pretenses, complimented the court papers I prepared, in allegedly an effort to persuade myself to proceed pro se, contrary to the best interests of my case. Among the complimentary comments, she stated words to the effect, you obviously have access to a legal database, these are quite sophisticated, and inquired why do you not want to proceed pro se? I responded with words to the effect, preparing a response to this type of motion lacks emotion and I am fully capable of answering this type of motion, because it is basically, “just lawyers debating” positions. For clarity and the protection of my future educational and career goals, (I AM A NON-LAWYER. NEVER, NOT ONCE HAVE I HELD MYSELF OUT TO BE A LAWYER TO ANY HUMAN BEING ON THIS PLANET. I AM SIMPLY A MOM, WHO DESIRES TO PROTECT HER CHILD AND HAVE THE LAW APPLIED FAIRLY AND JUSTLY.) Yet, because the proceedings are regarding my child, it is extremely unfair and prejudicial of the court to ask myself to proceed pro se, because the case is laden with emotion and the job of opposing counsel is to find chinks in my armor in order to exploit any weaknesses I hold, so as to win his case. After these opening remarks, discussion on the record, surrounding the relief I requested in my answer and motion to dismiss occurred. After this discussion, Judge Walsh relieved Sharon of her appointment. As soon as Judge Walsh stated her decision, Sharon immediately stood up from the table, leaned over to myself, stating in a snickering, tone of voice, “Good Luck” and left the courtroom.

After Sharon’s departure from the courtroom, which was not noted for the record by any of the participants, including the Judge, additional verbal discourse was held regarding my refusal to proceed pro se, the respondent’s right to due process and the fact I needed new appointment of counsel by the court. I stated words to the effect during this part of the discussion I had a right to new court appointed counsel and I desired to avail myself of this right to counsel. At the exact moment, “I lawyered up,” Judge Walsh had the responsibility to stop the day’s proceedings, once again, this did not occur. Once again, my NYS statutory right to counsel Judge Walsh violated. The proceedings continued with additional discourse held regarding the status of one of the pending Family Offense petitions. This discussion surrounded my legal authority to file a family offense petition against the stepmother of my child. The Judge, in a superior, retaliatory tone of voice, stated to myself and I quote, “I did my research, too.” Judge Walsh, proceeded to state a NYS 3rd department appellate court decision from November 10, 2005 in the Matter of Anstey v Palmatier, 2005NYSlipOp 08225, as her mandatory authority to verbally dismiss the pending family offense petition against the stepmother. This decision I immediately read upon my return home from court. This case I argue is off point. The obvious, society recognized familial relationship the appellate court refused to legally recognize in the case the Judge cited to dismiss the pending family offense petition is an ascending/descending familial relationship, specifically, one of an adult step daughter in law and her adult step father in law. The subject matter jurisdiction question in the erroneously, without counsel for the petitioner present, dismissed family offense petition in my case, is the contemporous, parallel, same generational degree, responsibility filled relationship between the natural, biological, universal mother and stepmother of a minor infant. I immediately filed on November 17, 2006 at 3:38 PM, a pro se motion to renew the family offense petition. Respectfully, I realize this subject matter jurisdiction question is outside the scope of this commission. My recitation of these legal points is simply for informational purposes. Furthermore, the Judge’s premature dismissal is only stated herein, so as, to prove Judge Walsh’s alleged corrupt, socio-economic discriminating, United States 14th Amendment disregarding, pattern of violating my statutory right to counsel and right to due process.

During the course of preliminary proceedings held in August through November 2006 the Judge on numerous occasions, inquired of myself as to the status of my appeal. I responded to each inquiry, words to the effect, I was completely uncomfortable speaking and/or discussing the appeal case at all in the jurisdiction of the Albany County Family Court. On the day of November 3, 2006, I was once again questioned by Judge Walsh as to the status of my appeal, at which time I informed Judge Walsh, the Albany County Family Court had as of November 3, 2006 failed to supply the entire transcript of the proceedings on appeal to either my court appointed appellate lawyer and/or the appellate court. Judge Walsh immediately responded to my statement of the Albany County Family Court’s contemptuous failure to adhere to the order of a higher court, with words to the effect, I will check into that for you. As of the close of the business day on Friday December 8, 2006, over one month from the date of Judge Walsh’s official on the record notification of her court being in contempt of a higher court’s order, my appellate counsel, the appellate court, and I are still in a state of non receipt of the official transcript. At the point in time, I informed Judge Walsh of the contempt of court her courtroom existed in, her court had been in this state for approximately 80 days. The failure of Judge Walsh to immediately rectify the contemptuous actions of the Albany County Family Court in a prompt, decisive, direct fashion is another example of her allegedly socio-economic prejudice she exhibits towards myself and I allege all other human beings who come before her who are in the same socio-economic distinction as I.

Two additional published informational points I desire to include are Margaret T. Walsh, prior to, election to the bench served as a court appointed Law Guardian, Metroland Newspaper volume 28 number 17, and was rated “not recommended” for the bench by the Capital District Women’s Bar Association. According to a published report by the Business Review, October 29, 2004, “ The candidates were interviewed and graded on criteria that included integrity, temperament, experience, legal skills, and suitability for the position and sensitivity to issues of women and minorities.

I, Ms. Barbara R. Morrissey, on behalf of: first and foremost my son, most especially all the other voiceless human being litigants and THE CHILDREN who have endured at the hands, speech, and actions of Judge Walsh, the same Code of Conduct violations as I, and finally myself, request and respectfully, humanely, expect an immediate, thorough, in depth investigation of the totality of the fitness to hold office and preside at the bench in Albany County Family Court and/or any court of law of Judge Margaret Twomey Walsh. Margaret T. Walsh’s attorney information is attorney registration number: 2490167, registration status: due to register within 30 days of birthday, next registration: December 2006.

My contact information is:

Ms. Barbara R. Morrissey
8A Shear Court
Waterford, NY 12188-2137
Home phone: 518.326.2802
Email: bmorrissey@nycap.rr.com

Included with this complaint are various indexed evidentiary papers.

As I stated at the beginning of this complaint letter, Albany County Family Court ordered I appear on December 12, 2006 at 9:00 AM to answer the fourth motion for a court appointed attorney to abandon this important cause of action. In addition, I face contempt of court charges, leveled at myself by my son’s father returnable on December 12, 2006, as well. Due to the severity of this complaint against the sitting Judge on my case, I inform this body in advance of the court date, for the protection of my liberty and freedom. I will present to the court on December 12, 2006 four new motions only written arguments requested:

1.) Motion for Competent, Canon Respecting Court appointed counsel.
2.) Motion for Judicial Recusal.
3.) Motion for Change of Venue.
4.) Motion for Immediate Adjournment

In Peace, Justice, and Unity,

Ms. Barbara R. Morrissey
Protective Mother
Court Recognized Poor Person
Albany County Family Court Litigant
Third Judicial Department Appellant
Advocate for New York State Family Court Reform

I, Ms. Barbara R. Morrissey, swear in accord with the penalty of perjury, every word in this complaint letter is true, except for ALLEGATIONS FOUNDED UPON EXPERIENTIAL PERSONAL INFORMATION AND BELIEF.


____________________________________ __________________________
Ms. Barbara R. Morrissey NOTARY PUBLIC
Protective Mother
Court Recognized Poor Person
Albany County Family Court Litigant
Third Judicial Department Appellant
Advocate for New York State Family Court Reform

Evidentiary Index
Re: New York State Commission on Judicial Conduct
Complaint Judge Margaret Twomey Walsh, Albany County Family Court

1.) 3rd JD Decision and Order on Motion 1 of 1
2.) 2 Newspaper Articles 2 of 2
3.) Court Appointed Counsel Complaint Re: Lisa Gordon
9 of 9
4.) Written decision Walsh Re: Motion to Compel
9 of 9
5.) Law Guardian Complaint to Walsh and Carter
5 of 5
6.) Law Guardian Removal pro se Order to Show Cause
7 of 7
7.) Relevant portions Court Transcript 8 of 8
8.) Answer & Motion to Dismiss pro se to 6th court appointed attorney Order to Show Cause for removal from case 11 oh 11
9.) Order to Show Cause pro se, against Donald E. Gaitor RE: Custody
6 of 6
10.) Motion to Renew pro se prematurely dismissed Family Offense Petition
7 0f 7

65 total pages provided by Ms. Barbara R. Morrissey.

This complaint is posted here to help end the secrecy under which the Commission on Judicail Conduct NOW functions. May I suggest to all who read this site to put together your own complaint letter regarding the allegedly unethical Judges you encountered and then post your letter here. This way we will be able to prove to the legislature the overwhelming need for judicial reform in the "family courts" of OUR GREAT EMPIRE STATE OF NEW YORK. The time is NOW to take back our courts and state. We all need to remind our government of one of the founding tenets of
America. "Government for the people by the people"

Barbara said...

October 11,2006

Chief Judge Judith S. Kaye
230 Park Avenue
Suite 826
New York, New York 10169

Dear Judge Kaye,

This letter serves as an informational communication regarding grave inadequacies present in the Albany County Family Court of New York State. As “The Personal Is Political,” I choose to bring to your attention this situation because you are the highest public servant within the judiciary of the Empire State. Even though your tenure in this position is quickly ending, you still hold the power to effect positive change in the Family Courts of New York State.

The information I choose to share with you and the other Administrative Judges copied on this communication comes from intense personal experience and knowledge acquired over the past 7 and one half years of battling in this archaic, ineffective, gender and class biased court. Sadly, my odyssey into the maze of “justice” began extremely naively when I filed my original petition in the jurisdiction of Albany County Family Court to simply protect my only son from a father who is an alleged pedophile. I went to the court simply expecting to receive a temporary order of protection for my son and myself, founded upon my suspicions of alleged sexual abuse of my son. I believed at the time, beyond a shadow of a doubt, the court would protect my son and myself until a formal, thorough, ethical investigation was completed. This belief and trust as to receiving an order of protection founded upon the everyday information given to the general public regarding a person following their intuition (gut) feelings that if as a parent you “see” and/or “feel” there is a problem, there is one. The general public receives this message via many avenues. For example, public service announcements for the hotline for child protective services encourage citizens to call if they suspect abuse, many talk shows discuss, educate and encourage people to follow their intuitions when child abuse is suspected, and we as a society are taught from our earliest education the police are our friends and they are there to help if we have a problem. Instead of experiencing the protections afforded by the 14th amendment of the constitution of our great country for my son and myself, I have most definitely experienced the dark, underbelly of alleged corrupt, classist, racist, gender biased beliefs held by certain actors and participants within the justice and ancillary systems in Albany County.

My son and I have experienced ineffective representation so unconscionable, the particular attorneys involved are in need of investigation, license revocation, and criminal prosecution. I am in possession of certain documents, which prove this fact beyond any defensive argument. With regard to the “representation,” I did write to the Committee on Professional Standards, informing this body of a complaint against this particular law guardian, as is the appropriate procedure and the necessary investigation went unconducted. I also, during 2005, while being a pro se litigant, filed an order to show cause to have the law guardian removed, the judge’s response to this motion was quote, “Do you know what kind of door I would open if I granted your motion.” Hence, my motion failed out of what, upon information and belief, I characterize as a fear on the Judge’s part to upset the apple cart of the old boys network in this jurisdiction. The latest court appointed attorney assigned to myself, threatened, quote, “I will not prosecute your case unless you give me permission to speak with your appeal lawyer.” This court appointed attorney also, in an alleged subversive, tactical, maneuver to kill my appeal encouraged myself to resettle the court order via motion in family court without giving myself all of the pertinent legal information regarding the consequences to proceeding with the motion. Luckily, I found an appeal decision, which was on point, therefore saving my appeal. Additionally, this court appointed attorney attempted to keep myself out of the courtroom during a recent court appearance, by invoking the fallacy that the particular proceeding was an “attorney conference” and only attorneys shall go in the courtroom. I refuted this fallacy by inquiring of my attorney, in a loud voice in the anteroom of the court, quote, “ So you are going in to make a behind closed doors, backroom deal.” Apparently, litigants in the courtroom for their own proceedings is correct procedure, because after my comment there was no more problem with my going in the courtroom. How many other litigants in this jurisdiction are victims of deceitful trickery by unscrupulous representation, when they are lead into believing they do not have the right to be fully involved in their own proceedings? Still, the trickery continues. The law guardian in my case sent a letter to my home dated October 4, 2006, post marked October 7, 2006 and received by myself yesterday October 10, 2006. The letter states quote, “This letter is to advise that the court has scheduled a date for motion purposes only on Friday, October 13, 2006 at 9:00 a.m. You do not have to appear at that time.” I am fully aware if I were to follow this ill-advised instruction presented by the law guardian, my pending petitions are dismissible, by default based upon my non-appearance. Further, the time for the scheduled court date presented in the law guardian's communication is an inexcusable, misrepresentation of the facts. If, I am able to simply verify the correct time of the court date through a few simple keystrokes, why is the law guardian unable to present correct information? A logical person may conclude the law guardian allegedly carries any ulterior motive in his communication. I verified the accurate time for the court date on two separate occasions via the future appearance e-court system available on nycourts.gov website. The latest verification of the time of the court date I completed yesterday. I also printed this information out for documentation purposes. Whose interests is the law guardian truly concerned with protecting? His actions and deeds most clearly and evidently beg this question. This brief recitation of facts present in my case are only a segment of the laundry list of failures by counsel and the system in general, with regard to the entirety of this case.

Your Honor, I am turning this situation over to you, because frankly speaking, I am unaware of whom else to turn to for assistance. The Family Court system in Albany County is ALLEGEDLY, broke, unjust and replete with “the culture of corruption”, which pervades our society today. I pray of you as the top judicial public servant in New York State to take immediate, productive, positive steps to stem this tide of injustice within The Family Court System, during the waning days of your administration. I pray of this action on the behalf of all the children and protective parents in the State of New York, who do not know their own rights, who do not know the words to say and/or are to afraid of retribution to stand up to the forces of abuse and corruption in their own lives.

Awaiting your swift action, in our Great Empire State of New York, are all the other citizens, my son and myself. Respectfully, Judge Kaye, we expect you to end your tenure in this office on a high note by upholding your fiduciary responsibilities as a public servant to us, the citizenry of New York State.

Ms. Barbara Morrissey 8A Shear Court Waterford NY 12188-2137, 518.326.2802
Email: acropoliscat@yahoo.com

In Justice, and Peace,
Ms. Barbara Morrissey
Mother, Woman & Caring Citizen of New York and The United States Of America

I did receive a response for the Chief Judge's Office dated 11.08.06.

Here is the response:

Dear Ms. Morrissey:

Chief Judge Kaye has asked me to respond to your letter of October 11, 2006. We are sorry that your Family Court litigation has been so distressing to you.

As I am sure you will understand, Chief Judge Kaye may exercise her judicial Authority only in cases that have proceeded through the appellate process and are properly before the Court of Appeals. You do not have such a case.

You state thay your assigned attorney and your child's attorney (the law guradian) are in need of investigation, license revocation and criminal prosecution. As you seem to be aware, the Committee on Professional Standards is the appropriate entity to examine complaints of attorney misconduct. Judge Kaye has no authority to review or reverse a decision of that Committee not to investigate or not to discipline an attorney. Insofar as you believe that criminal activity has occurred, the appropriate office to investigate criminal conduct is the local District Attorney.

Information aboth the Third Department Law Guardian Program is avbailable at www.nycourts.gov/ad3/lg/index.html.

Mary C. Mone

For the record, Chief Judge Kaye is still a member of the bar, and an officer of the court, hence she holds a fiduciary responsibility to report violations of alleged misconduct of any member of the bar, officer of the court and/or member of the judiciary to the appropriate disciplinary bodies. Moreover, as the Chief Judge of the State of New York her responsibilities according to the rule utilized by the ethics commissions of Bar Associations nationwide is to make her decision as to misconduct and the reporting of same in accord with the way a non-lawyer human being shall utilize their deductive faculty of reason to decide upon the appearance of impropriety. According to the NY State courts website www.nycourts.gov here is a brief description of the duties of the Chief Judge; please note in constrast to the letter she perfunctorily assigned a staffer to write in response to my letter, Judith Kaye in fact holds administrative authority.

Hon. Judith S. Kaye is the Chief Judge of the State of New York. In that role, she serves as the Chief Judicial Officer of the State and the Chief Judge of the Court of Appeals. The Chief Judge establishes Statewide standards and administrative policies after consulting with the Administrative Board of the Courts and approval by the Court of Appeals.

If the Chief Judge of New York State establishes Statewide standards and administrative policies, this duty naturally, logically begs the question, If the Chief Judge establishes such standards and policies, why does she lack the authority to uphold these "Statewide standards and administrative policies?"

I hope these two posting encourage others who read this site to finally find their voice and write their own complaint letters regarding judicial misconduct to the Commission on Judicial Conduct and the Chief Judge.

The time is NOW for us to raise our voices in discontent for the lack of oversight within the judiciary of OUR GREAT STATE OF NEW YORK, during the tenure of this Chief Judge and the previous republican Pataki Administration. The people of New York spoke in one loud clear voice on November 7, 2006 for an end to state wide governmental dysfunction. Please add your voice to the voices which spoke on November 7, 2006, so the holistic reforms our state needs are realized.




In order to live in the United States of American and have rights you need to have the right amount of money. FREEDOM DON'T COME FREE IN THIS COUNTRY



Anonymous said...

I want to ask if anybody has ever heard of the name Alfredo Rios in New York probably Brooklyn. With fax number 718-788-4763

Concerned Citizens of New York said...

Yet another terrifying story. We are presently researching qualifications for law guardians and having a difficult time finding any other than the proper political connections. We will report on this matter fully after further investigation.

In response to the Federal Court decision declaring NYS's process of electing(?) judges unconstitutional, it is important to note here and now that the legislation appears to be in favor of creating panels to appoint judges as opposed to open elections--real elections where there is a choice of candidates whose records and backgrounds can be scrutinized by the voters. This is just an extension of business as usual. Who in NYS believes that the members of these panels truly consider QUALIFICATIONS as well as a demonstrated capacity for executing wisdom and justice for all? The entire process is far too incestuous and self-serving. As we have seen from the postings thus far too many of the appointed/annointed are either deceitful or incompetent and therefore unfit for the bench.

As more people join this community we will discuss lobbying the legislature to abandon this line of thinking. We must demand the power to have a say in these matters. If we elect the wrong people than we only have ourselves to blame.

The argument that judges salaries are too low to attract viable candidates is absurd. There are plenty of talented, honest and brilliant private sector attorneys who would most likely consider it an honor to serve a term on the bench. Let's remember the mayor of NYC draws an annual salary of $1. The rules and structure of our court system need to be reformed from top to bottom.

If our current legislators are unwilling to make the hard compromises and work together to achieve this then they need to be replaced.

The members of this community need to consider running for public office ala Esther Yang. Even if we don't win we can force our representatives(?) into primaries and expose their inabilities.

Speaking of Esther Yang she is, as we write, on her way to the Supreme Court in this ice storm to file an OSC in a last ditch effort to be able to enjoy the Chinese New Year with her daughter.

Anonymous said...

I want to ask if anybody has ever heard of the name Alfredo Rios in New York probably Brooklyn. With fax number 718-788-4763 This person requested copies of my court records a couple of months prior to my estranged husband taken me to court. If anybody can help me find out who this person is or have heard this name before.

Jonathan said...

I think is time for some of us to begin working inside the courts, with attorneys, CPS, politics nothing like having the enemy close to track their activities.

Anonymous said...


I forwarded your story to a few people who wants to know more.

Hang in there!!!!

Never stop fighting for your kids. Like I told Bring my kids home _


A MENTOR ONCE TOLD THAT "Don't tell God how big your problems are but rather tell your problems, how big your GOD IS."

I will pray for you everyday.

Anonymous said...

A great private investigator

vincent Parco
Certified forensic examiner
212 779 2000

Anonymous said...

Home > News > Article Circle the date, hold your breath till we get a judge
By Oliver Mackson
May 26, 2006
The next big day on the judicial calendar is June 22, and there are going to be some anxious moments around Goshen until that day comes. It's the day that the state Senate goes home for the summer, and, by then, senators will either sign off on Gov. George Pataki's appointment for a new Orange County Court judge, or not.

The appointment would only last until the end of the year. But if it goes to Wallkill Town Justice Robert Freehill, it could give him a big advantage over Democrat Richard Farina in the Nov. 7 election. Freehill got the county GOP nomination on Wednesday night, but his exposure is limited to the Town of Wallkill. No disrespect to the town, but a county court judge swings a heavier gavel in a bigger arena, dispensing sentences of up to 25 years to life for the most heinous crimes.

If Pataki nominates Freehill for County Court and the Senate signs off on the nomination, Freehill gets a few months' worth of the benefits of incumbency.

A Pataki spokesman said yesterday that there's no set date for the governor to make the appointment. Freehill has sent his credentials to a state judicial screening committee - maybe you saw its classified ad for a judge here in the Times Herald-Record this month, wedged between ads for an extruder and a part-time receptionist.

The three candidates Freehill defeated Wednesday night also sent their credentials to the screening committee: Warwick Town Justice Peter Barlet, Port Jervis City Court Judge Robert Onofry and Orange County Family Court Support Magistrate (and former Newburgh City Court Judge) Jeanne Patsalos.

Freehill won the nomination handily, but history says that's no guarantee he'll get the appointment. Return with me back to the 1995 Orange GOP convention, when Newburgh lawyer David Russell was the leading vote-getter among six contenders for a vacant Family Court seat.

Two hours before the convention started, Pataki appointed John McGuirk to fill the vacancy instead of Russell. McGuirk finished second to Russell in the voting, but the governor's vote counted more than others.

Maximum Who?

Speaking of that Orange County Court vacancy, it's been temporarily filled by Westchester County Court Judge Robert DiBella.

He's so blunt on the bench, he makes the now-departed quipmeister "Maximum Stew" Rosenwasser sound like a monk singing "Kumbaya." On Tuesday, when Legal Aid Society honcho Gary Abramson objected to the presence of a news photographer in court, DiBella answered the objection by jovially asking Abramson, "You want a comb, or a brush?"

A few minutes later, DiBella must have overheard someone commenting on his tone of voice in addressing Senior Assistant District Attorney Catherine Walsh. The judge took himself off the record, then announced, and not softly, "You haven't heard me yell."

Junious Harris, going strong at 74

The Ulster County Police Chiefs Association gave awards last week for state and Ulster town police heroism under fire during the 2005 Hudson Valley Mall shootings, for dogged detective work in solving a $33,000 home vandalism case in the Town of Lloyd, for state police who tracked down a serial arsonist and for the prevention of a suicide, the saving of lives in a near-fatal car accident and for years of officers' community service.

But the loudest applause, and a standing ovation, were reserved for 74-year-old Junious Harris, an ageless, gentlemanly wonder who began his police career in Kingston in 1963 and still works as the investigator for the Ulster County district attorney's office. He received the association's Lifetime Achievement Award.

Trials & Tribulations is the Times Herald-Record's weekly roundup of news, updates and anecdotes about local courts and criminal justice. Tips and threats are welcome. Call Oliver Mackson at 845- 346-3130 or e-mail omackson@th-record.com.

Anonymous said...


Anonymous said...

to bringmykids home I found this on www.americanmafia.com


"The Chin" returns to "The Big Apple"

I don’t know what you’re talking about," muttered Vincent "the Chin" Gigante to Judge I. Leo Glasser in a Brooklyn Federal Courtroom on February 7. The "Oddfather," now 74 years old, re-enacted what federal prosecutors call the "crazy act" and shuffled into the courthouse looking dazed and confused.

Gigante’s defense attorney, Gary Greenwald, claimed his client was "not in a position to enter a guilty plea or not guilty plea at this time because of his state of mind."

Prosecutors claim Gigante’s court demeanor is in stark contrast to videotape made of him at the federal prison hospital in Fort Worth, Texas. The feds claim those tapes reveal "a physically vigorous man in animated conversation" with family and members of the prison staff.

Gigante was in New York to be arraigned on charges of running the Genovese Crime Family from his prison cell using his son Andrew, who was also indicted, as a liaison between mob leader and mob.

Attorney Greenwald claimed Gigante is suffering from heart problems and dementia. "The bottom line is we’re talking about a frail looking man who is sick, who is physically sick and we believe mentally sick." Greenwald’s claims were backed up by Dr. Bernard Wechsler, a noted cardiologist who was part of the defense team during the 1997 trial, in which the convicted Gigante was given 12 years.

Wechsler explained Gigante’s metamorphous from a slobbering, wheelchair bound wreck during his court appearance in 1997 to his more lucid showing in court ten days ago by saying "He’s not drugged anymore. He’s not on Thorazine, he’s not on Valium."

Here’s betting that Greenwald made sure Gigante was lucid when he announced his fee to his "mentally sick" mob client.

Barbara said...

Thank You Anonymous. Please contact myself.

This week, Valentine's Week. There is an email campaign to Oprah inorder to have her help us uncover the Silent Epidemic of "Our Children Being Legally Kidnapped" and to educate the American public to this silent epidemic.

Posted here is the NYS NOW announcement and my email comments to Oprah.

Please join in the campaign.

Ask Oprah to Hear the Cries of Battered Mothers and Their Children

At the recent Battered Mothers Custody Conference in January, Co-sponsored by NOW New York State, it was suggested and agreed that during the Valentine's Day week, beginning today and over the course of this week, that we will all send an email to Oprah asking her to expose the secrets in the court that keep women and children in bondage. We need every person, organization, professional, friends with knowledge, to write to her. She opened the door to this subject with the publication of "Please Daddy, No" in O Magazine, November 2006.

The time is ripe to establish Order in the Court by shining a spotlight on the issues and secrets that are destroying lives. Oprah's executive producer indicated long ago that they would do a show on this topic, but seem to have dismissed that idea. We have the responsibility to let her know how pervasive this problem is by sharing our knowledge and experience with her. Will you join us in this endeavor?

1. Send an email to Oprah at www.oprah.com, "Be on the show," "We want your show ideas!" Or simply go directly to the email page by clicking on this address or by copying and pasting it into your browser: https://www.oprah.com/plugger/templates/BeOnTheShow.jhtml?action=respond&plugId=B2100004

2. Title your email "ORDER IN THE COURT: Exposing Secrets That Deny Women and Children Their Equal Rights," or any other title that you think is appropriate.

3. Keep your message short and simple and to the point. Start your message with “I am a supporter of NOW…..” It may not exceed 2000 characters including spaces. This only allows you to send 2-3 brief paragraphs.

4. Write from your experience and with your words. Here are some of the problems that may help you get right to the heart of the matter:

Judges are routinely giving custody of children to their abusive father.
When a mother continues to litigate for the protection of her child/children, judges punish the mother by severing relationship with her children.
Court appointed guardians ad litem and psychologists are robbing litigants of their life savings while advocating for abusive fathers through the use of junk science and fraudulent psychological assessments.
The use of these court appointed officials creates a massive tangled web of deception that covers the truth, and thereby continues the abuse of mothers and their children.
Basic state and federal constitutional rights are being violated including both procedural and substantive due process rights and violations of the Equal Protection Clause.
Constitutional rights violations many times are the result of a conspiracy by the judge or other state actors to deprive a mother and her children of their rights.
Mothers are routinely jailed after being ordered to pay impossible sums of money to the father.
Judges are given absolute immunity even if "the action he took was in error, was done maliciously, or was in excess of his authority." Stump v. Sparkman, 435 U.S. 349, 356-57 (1978)
The media has not exposed this at a level that creates change, i.e., Priest Abuse Scandal.
We intend to get the support of the media to shine a light on this problem and expose those who are using their power to usurp the rights of women and children and to expose those who are wrongfully acting as agents of abuse for their own profit.

5. Please copy and paste your message into a word document before you send it to Oprah. By doing this we can make a record of all the emails that were sent to Oprah and use them collectively to show the importance of getting much national media coverage on this issue. Please send me a copy at NewYorkStateNOW@aol.com so that I may keep a file of all the letters. These will not be publicly posted.

6. If you have sound bites that will help others to more easily and succinctly tell their stories, please share with us.

7. Send this message to as many people as you can and ask for their participation.

Marcia A. Pappas
National Organization for Women-NYS
1500 Central Avenue
Albany, NY 12205

ORDER IN THE COURT: EXPOSING SECRETS DENYING WOMEN AND CHILDREN THEIR EQUAL RIGHTS I am a supporter of NOW, woman, mother, childhood incest survivor, domestic violence survivor(family of origin & marriage) On a regular basis women who are brave enough to choose the holistic path of healing and enlightenment to extricate themselves from the web of multi-generational abuse and dysfunction are punished and re-victimized by the archaic, patriarchal, parochial family courts. When I attempted to free my only son from the clutches of an alleged abuser, our nightmare began. I fight to this day for sole(soul) guardianship of my child. April 16, 2007 is the 8 year anniversary of the filing of the first petition to protect my child from an alleged familial abuser. I followed my intuition, listened to my soul and recognized the signs of abuse, then I went to those charged by our society with protecting and serving, at each turn my child was failed by the system. I told my child I would protect him. I told my child to tell the truth. I told my child I just wanted his daddy to be a good daddy. The bottom line Oprah, is my little boy trusted myself, his Mommy to protect him. Instead the family courts "legally kidnapped my child", handed him over to the custody of an alleged pedophile, stopped contact for various periods of time over the years and the scope of the investigations were about my mental health. A regular tactic utilized by the attorney of the abuser to protect the abuser from the consequences of the abuser's own actions and to insure the silence of the child. I will never forget the day, my only child at 8 years old was taken from my arms, by a local police officer and handed over to his step-mother.(His father was allegedly out of town on business) The look of confusion, fear, and distrust on my son's face is burned in my psyche forever. Oprah, I am on my knees, begging you from the bottom of my soul, on behalf of every mother and child in America who suffer separation because of being courageous enough to say "NO MORE ABUSE" to our abusers, to bring your full power to help us free our children and bring them home. The American public is ignorant about the silent epidemic of children being "legally kidnapped" from protective parents by the $5 billion a year industry, aka, "The Family Courts" Please help educate America about these crimes against humanity, happening in America's courts.

Happy Susan B. Anthony Day!

Valerie said...

It just seems insane that a loving, protective mom would lose custody of her innocent child in this country where we already fail to protect the most vulnerable of our citizens. Everyday in the news I read of another child who has been abused, elderly citizen who has been abandoned or beaten or disabled person who has been denied even the basic of rights. Why? Why would we encourage abusive men to take a child from the mother who has only protected and nurtured the child? We will have much to answer for in generations to come, to justify why there are so many minimally functioning adults who have been hurt by the ignorance of or willful crimes committed by the nations' family courts and corrupt judges.

Anonymous said...

has it occurred to anyone else that the problem might be that a lot of these judges are just not too bright...? I mean let's face it if they were at the top of their class in a top law school they would be in private practice making oodles of dough. to be a judge all you really have to know is who to kiss up to and/or pay off

bringmykidshome said...

Well lets give some credit to the judges they are working while they are sitting there in the courtroom. They are just doing something else, that has nothing to do with been ethical, non-corrupted, or practicing the law. Just take at look at what this judge was doing during court time.

Judge caught using penis pump on stand

June 30 2006 at 09:59PM

Bristow, Oklahoma - A US jury has sentenced an Oklahoma judge to one year in prison for using a penis pump on the bench during three murder trials and a civil case in 2002 and 2003.

Donald D Thompson, 59, was convicted on Thursday and fined $10 000 (about R130 000) for each count. Thompson told the jury he would also lose his $90 000-a-year pension.

The verdict, which exposed the judge's behind-the-bench secrets, capped a bizarre and awkward chapter in the state's judicial history.

Thompson's longtime court reporter, Lisa Foster, wept on the stand as she recalled how she discovered the source of a "sh-sh" sound in the courtroom. She said she spied Thompson's penis inside the pump through a small gap between a drawer and a door.

'I should have thrown it away, but I didn't'
Foster said she later saw Thompson's penis 15 to 20 times over the course of three years. She also saw him shave his scrotum and urinate into a trashcan behind the bench.

"I was really shocked and kind of scared, because it was so bizarre," Foster said. "I didn't know what to do."

The defence maintained that the charges were part of a vendetta by local police to overthrow Thompson.

The judge denied ever using the pump - a device used in the hope of enlarging the penis or combating erectile dysfunction - saying it was a joke gift from his best friend in 2001.

He said he moved the pump back and forth between his bench and chambers but never used it on his penis.

"Twenty-twenty hindsight: I should have thrown it away, but I didn't," Thompson said.

The white-handled pump sat on an evidence table in front of the jury throughout the trial, and both the prosecution and defence at times picked it up and squeezed the handle for effect.

Jurors also heard court reporter's tapes from each trial, and a rhythmic, high-pitched whoosh of air punctuated emotional witness testimony in the murder trials.

Testimony in the judge's trial drew giggles and embarrassed glances from jurors and the gallery in this conservative Oklahoma hamlet, 96km north-east of Oklahoma City.

Several witnesses said Thompson often made himself at home behind the bench, removing his shoes to shine them and clip his toenails, spitting tobacco into a cup and fidgeting with an electronic organiser. - Sapa-AFP

no more ms. nice mom said...

You are right bringmykidshome some use penis pumps others are probably using calculators to see how much money they are going to get for the year for rigging cases. They are probably also using a laptop to see where are they taken their kids and family on vacation with the money they get after placing children in the hands of abusers

Jonathan said...

Judges are nothing but corrupted individuals that have no happiness and want to make sure nobody else has happiness. Remember misery loves company, when they see a women saying no more abuse, she is not following the rules of misery and she should be punish. I love my wife and my kids and I am pro women, after all a woman that I call mom gave birth to me.

an american soldier said...

Why are we soldiers going overseas to fight the war in Iraq it seems to me after reading your stories that we should be here taking out the Talibans and the Saddam Husseins from the American courtrooms. Maybe that is why we can find Osama Bin Laden, he is probably sitting in a remote town in New York State serving as a Judge in a custody and Domestic Violence case.

Anonymous said...

Have you notice that now that women are fighting back and coming forward with the stories. The news is picking up on the corruption and the veil is falling out of people's eyes. Our President wants to send more troops to Iraq; I feel is a form of distraction for the American People.

Concerned Citizens of New York said...

To all Esther Yang watchers:

Next appearance tomorrow 2/16/07
NYS Supreme Court Dist. 1
60 Centre St., Room 345
Judge Joan Lobis

On the menu: (a) possible incarceration for non payment of child support, and (b) groveling to the court to allow her daughter to celebrate Chinese New Year with her Chinese friends and realatives.

If you can come to show solidarity and bear witness.

We are keeping a close eye on this one. The court last year reared its racist little head by sanctioning not censuring the Plaintiff's attorney's statement that the Plaintiff said the Defendant is not Chinese.
Has the court grown so audacious as to now have the authority to decree ethnicity? Ah, but why not? It is apparent that no one is monitoring what goes on.

As to the issue of child support...Ms Yang is diligently seeking full time employment. Of couse there is that little catch 22...the fact that if she wishes to see her daughter for the paltry amount of time the court has permitted she must pick her up from school in the middle of the day in Staten Island, one day a week and return her to school the following morning.

It seems to us that Ms. Yang already has a full time job. She, like any real mother, is in the fight of her life to protect her daughter. As the court has seen to it that a once financially vibrant woman is now penniless, she must do all the leg work to prepare for her appeal. Perhaps because the higher court is higher they can rise above the stench down below.

If we don't see you there we will keep you posted.

Anonymous said...

Instead of a woman holding the balance of justice the state of New York should put a pig cover in human feces and garbage as part of their legal logo and to show who is really making decisions.

Good Luck Esther Yang, I'll pray for you and your daughter.

Anonymous said...


Denise Buffa

February 15, 2007 -- A politically connected Bronx judge under investigation for excessive "meanness" tried and failed to block a state investigation, documents released yesterday show.

Family Court Judge Marian Shelton allegedly made rude and inappropriate cracks about the appearance, credibility and even mental health of litigants.

Many complaints were gathered by the New York State Court Officers Association. "She's a very nasty individual," Dennis Quirk, head of the group, said.

Shelton, who insists she acted correctly, was appointed by then-Mayor Rudy Giuliani in 1998. Records show she contributed $7,700 to Giuliani's political campaign from 1994 to 1995.

Shelton took the unusual step of suing to block the state Commission on Judicial Conduct from investigating her.

Last week, State Supreme Court Justice Joan Madden rejected Shelton's effort. Yesterday the Appellate Division refused to stay Madden's decision.

Shelton's lawyer, Dean Yuzek, said she is widely known "as a hardworking, fair and caring judge."

Anonymous said...

The NYT article on Orders Not Enforced in Matrimonial Cases of 2/15/07 states “After people have gone through the time and money and exasperation, and they get an order that is not enforced, it’s an injustice,” said Sondra Miller, Retired Justice Miller should know. In the case of Renzulli v. Family Court Judge Terrence J. McElrath, Miller refused any appellate accountability for a judge called on the carpet for yanking away two kids from their custodial mother before hearing a word of her case. The judge deliberately acted as if there were no custody order to the mother already in place when he moved the kids to their out of state father. The trial court judge was challenged for his odd refusal to acknowledge that the mother as custodial parent had earned the constitutional right to be heard before any court could move the kids. McElrath, placing his invisibility cloak over the past history of the case, should have lost immunity for this deed and been held liable for damages. In the naked injustice of an Emperor's New Clothes New York decision, there was no appellate court will to declare this kind of wrong out of bounds. Instead the dominoes just kept falling. An ignored child support order secondary to the ignored custody order swiftly followed with the Court's issuance of a second initial child support order to the father. The Family Court could do this because the prior support order also in place and recently affirmed on appeal was treated as if invisible too. The winner take all out of state father walked away with the kids and the money and the judge who made it all possible has Justice Miller to thank.

Anonymous said...

After reading the last 2 postings I wonder how much did Judge McGuirk contributed to Pataki's funds to become his favorite in Orange County New York.

Anonymous said...

Pataki's 1994 Fund-Raising Is Under Investigation

*Please Note: Archive articles do not include photos, charts or graphics. More information. January 21, 1998, Wednesday
By CLIFFORD J. LEVY (NYT); Metropolitan Desk
Late Edition - Final, Section B, Page 1, Column 2, 949 words
DISPLAYING ABSTRACT - Federal prosecutors have begun inquiry into fund-raising for Gov George E Pataki's 1994 election campaign, investigating whether potential donors were promised favors from state government in return for campaign contributions; US Attorney's Office in Brooklyn has issued subpoenas to several people who worked for Pataki's 1994 campaign, including Zenia Mucha, who was deputy campaign manager and spokeswoman; investigators are also trying to determine whether potential donors were promised leniency from State Parole Board in exchange for contributions

Anonymous said...

Pataki's Fund Has Taken In $12 Million for Campaigning; His Success Overshadows Democratic Rivals'

January 14, 1998, Wednesday
By CLIFFORD J. LEVY (NYT); Metropolitan Desk
Late Edition - Final, Section B, Page 1, Column 4, 1016 words
DISPLAYING ABSTRACT - New York Gov George Pataki's re-election campaign, ten months before Election Day, has already collected more than $12 million, giving Governor huge fund-raising lead over his Democratic rivals and putting him close to amount that he took in during his entire race four years ago; Zenia Mucha, Pataki's director of communications, says his campaign will file disclosure report with state election officials that would show that he has about $11 million in his campaign account after expenditures

Anonymous said...

If a Judge is voted in how can the Governor step in and change the outcome. This is no right isn't this a form of fixing an election?

I think is time to put pressure upon this politicians and letting them know that WE THE PEOPLE will stand against them. We should do our own political movenment to expose their unethical behavior.

bringmykidshome said...

Today is the day that my Lord has made for me to rejoice. Just remember there is light at the end of the tunnel.

birngmykidshome said...

Does anyone know what happened with Esther Yang today?

Barbara said...

I echo the question of Bring My Kids Home, does anyone know are Esther and her daughter together for the New Year?

Concerned Citizens of New York said...

We are pleased to report...

According to our court watcher: After two hours of contentious debate with a mediator, Judge Lobis stepped in and decided that Esther may have her daughter with her from yesterday through Wed. morning (which she was entitled to anyway). Presumably they are enjoying the parade in Queens as we write.

Additionally her daughter will be allowed to enjoy the parade in Manhattan next Sunday as well, and it was mandated that they will be allowed to celebrate this special holiday together until her daughter is 18.

Linda said...

FYI - URGENT - start asking your parents to do something. anyone who eliminate a loving mom parental right is an "UNFIT" custodial parent.

Grandmother wins visitation with grandson

February 16, 2007

A Huntington man lost a five-year fight to keep his mother-in-law away from his son yesterday when the state's highest court ruled that a law allowing grandparents visitation rights is constitutional.

According to the Court of Appeals decision, the grandmother, Ethel Schutz, 82, lived with her daughter, son-in-law and grandson beginning in 1997 while her daughter was terminally ill with breast cancer. After her daughter died in 1998, Schutz continued to live there and care for her grandson, the decision said.

But then Schutz had a falling out with her daughter's husband over parenting techniques, and Schutz was asked to leave, the decision said.

Since then, Schutz has been fighting for the right to visit her grandson. Her son-in-law, a law professor who was not named in the decision, has argued in court that "fit parents enjoy a constitutional right to determine with whom their children associate."

Reached at home yesterday, Schutz said she's thrilled that she will get to see her 13-year-old grandson regularly - one weekend a month, and once a month for dinner.

The father's lawyer, William O'Leary of Albany, declined to comment, saying publicity is not in the boy's best interest.

Under state law, grandparents can seek visitation rights with their grandchildren only if one parent has died, the decision said. If the surviving parent objects to the visits, then the grandparent must prove that the visits are in the child's best interest, the decision said.

"While this presumption creates a high hurdle, the grandmother in this case surmounted it: From the time the child was almost 4 until he was 7, grandmother was his surrogate, live-in mother," Judge Susan Philips Read wrote.

Schutz said she never wanted the case to go to trial, but in the end she was willing to do whatever it took to see her grandson. Asked why that was so important, Schutz said, "The simple answer is because we love each other."

karen said...

Everyone should write to the reporter and also to the editor re:Grandmother wins visitation with grandson

Dear Newsday Editor and Ann Givens:

Thank you for writing. Please write more about custody, bad judges and dirty attorneys.

Any father who eliminates any loving mother or grandmother parental rights is an "unfit" custodial parent. Any attorneys who made money to hurt any protective mothers, should be disbarred. Any judges who favored anyone due to their political connections or campaign contributions should be exposed and be unemployed. follow the money - election.state.ny

ask your mom/dad/family to sign on

Esther Yang said...

Karen: thanks for your input

My published letter to the editor - Esther Yang

In 10/6/06
NW Herald Story:

Don’t blame litigants

To the Editor:
Re: Rob Phillips Sept. 23 story “Feds eye family courts.”

To blame anyone as a disgruntled litigant is a lame excuse.

Our country was created by disgruntled Founding Fathers.

The courts need to be impartial, unbiased, with judicial temperament that only increase public faith in the system.

Judges need to be held accountable. Judges need to disclose campaign contributions from attorneys.
Judges cannot conduct themselves like puppets controlled by their campaign contributors or those who appointed them.

Impartiality and the independence of the judiciary are sacred.

The right to independence never was meant to ignore blatant violations of the Constitution. If these black-robed justices who preside over the Family Law Courts do not protect the best interests of children (our future leaders) – then who will?

If they are too cowardly to buck their political patrons then they should be off the bench. Judges need to stop destroying the kids and the families who come before them.

Esther Yang
New York, NY

For more of this story, click on or type the URL below:


Esther Yang said...

Dearest everyone:

God is good in all news - bad and good.

The good news -
I have Grace every Chinese Lunar New Year and Grace is allowed to march in both parades (Manhattan and Flushing every year with me.)

If in the unfortunate situation, you ever need attorneys -
212 947 3330
They are handling my appeal, pro bono - blessed their hearts. They are God fearing souls and brilliant.

St. Barts' priests, St. Barts' members and everyone have been praying for Grace and I over time till the cows come home, left and back again. They have kept my faith closer to God when I desperately want to run the other way.

Some of you should visit St. Barts - not the island but to nourish our thirsty souls together. (50th Street and Park Avenue - NYC)

The other unresolved issues - Grace going to church every week.

Jail hearing is next Friday 9/23/07 9:30 am - 60 Centre Street Rm 345 - Judge Joan Lobis.

Church for Grace every week will be addressed after that hearing. I argued that Grace has the right to be with God and her father has no authority to alienate Grace from God especially when I have the final decision on religion for Grace.

The judge allowed me to submit the Holy calendar and other church function next Friday hearing. God is always good.

I am a woman of faith.

I have faith that the truth always rises to the top. I also have faith that the INTEGRITY of the judicial system never fails.

My favorite quote from an anonymous author,

"Faith sees the invisible, Believes the incredible and Receives the IMPOSSIBLE."

Lastly, I have faith that in this great country of ours, the best liars don't win.

From my heart to yours and your family, (for moms who lost their children - know that children are like plants to sunlight. They will always gravitate to the parent that carried and loved them through pregnancy and birth - nothing is stronger than a mother's love and don't let anyone tell you differently).

Esther Yang


Never stop fighting for your kids, when you quit - they win!!!!

Anonymous said...

Administrative Judge's Accuser Suddenly Probed

According to The New York Post, only one week after James Montagnino, a special referee who mediates divorce cases in Westchester Supreme Court, filed a complaint alleging "case fixing" by Westchester County Administrative Judge Francis A. Nicolai, the court inspector general has launched a probe into whether Montagnino is biased against "stay at home moms."

According to The Post, Montagnino "is being accused of rampant sexism by a group of wealthy divorcees who say he screwed them out of alimony - and threatened to take their children if they objected."

Montagnino claims that the timing of the probe demonstrates that it is being undertaken in retaliation for his complaint against Administrative Judge Nicolai.

The timing also could be seen as raising the question of whether allegations against Montagnino were being ignored until he filed the complaint against Administrative Judge Nicolai.

As related by The Associated Press in November 2004, the Appellate Division, Second Department removed Administrative Judge Nicolai from the case involving the recount in the state senate race in Yonkers between Republican incumbent Nicholas Spano and Westchester legislator Andrea Stewart-Cousins, a Democrat. The report recited that,

Nicolai, a Democrat, had refused Spano's request that he drop out on the grounds that his name, as a judicial candidate, was also on the ballots.

The Republicans appealed and asked the Appellate Division to also consider that Nicolai had donated $200 to Stewart-Cousins' campaign. The panel did not disclose its reasoning, saying only that "recusal of Justice Nicolai is warranted."

Spano ultimately won that race by 18 votes.

Last month, The Journal News reported that Stewart-Cousins was announcing a new candidacy against Spano.

Anonymous said...

Home > News > Article Move afoot to keep Lubell in Orange
By Oliver Mackson
June 16, 2006
A judge who was rated "not qualified" by his peers is headed up here next week to preside in state Supreme Court, and that's got some of the county's movers and shakers trying to light a fire under the people who run the state court system.

Justice Joseph Alessandro was rated "not qualified" by even his hometown Bar association in Westchester County, as well as the Orange County Bar. He was the lone major-party candidate for state Supreme Court who passed up pre-election interviews with the Bar associations, which rate the candidates on their knowledge, writing ability and other non-political criteria. Ratings are to help voters to make their decisions.

Alessandro will replace Justice Lewis Lubell, who's been assigned to Orange County since he captured a seat on the state Supreme Court last year.

In Orange County, Supreme Court candidates compete for seats in a district that includes Westchester, Rockland, Dutchess and Putnam counties, and recent elections have left Orange County with one Supreme Court justice serving a full 14-year term. Lubell is one of two visiting judges from Westchester who are holding down the fort. Westchester has 19 of its own judges.

Local lawyers are campaigning to keep Lubell here. People who have appeared before him say he likes Orange County, he moves cases along and he's fair-minded. Pretty standard stuff for a judge, but they're not all that way: another Westchester judge who was assigned to Orange County used to get here between 10 and 10:30 a.m., or about an hour after other judges got started.

"All too often, Orange County has been a 'revolving door' of sorts for judges making their way around the circuit," the Bar association wrote in a letter to Administrative Judge Francis Nicolai. "Many times, we are faced with a new jurist, assigned here for only a short time, and then are faced with someone totally new who must familiarize himself with our cases all over again."

Lawyers are shying away from disparaging Alessandro publicly, because that might disqualify them from appearing in front of him. Publicly, they're focused on keeping Lubell here and stopping the revolving door.

"Judge Lubell has excellent credentials. I believe he should have remained here," said Chester lawyer Gary Greenwald.

Nicolai once admitted that he referred to Orange and Dutchess counties as "the colonies," although he said it was a joke.

He said he's never heard a complaint about Alessandro.

"I have to make a decision that's best for the district. It doesn't harm Orange County that one qualified judge is being replaced by another qualified judge, and that's the bottom line."

If you disagree, here are Nicolai's address, phone and fax number:

111 Dr. Martin Luther King Jr. Blvd., 11th floor

White Plains, NY 10601

Phone: 914-824-5100

Fax: 914-995-4111

You could also try dropping a note to Monticello's own Judge Judith Kaye, who is New York's chief judge:

Office of Court Administration

25 Beaver St.

New York, NY 10004

No Brinks replay here

The 1983 Brinks trial marked the last time that a high-profile trial was moved to the low-profile Orange County village of Goshen, wherein you find the county's courthouse. You had your defiant revolutionaries, your big-time New York City defense lawyers, the city's press corps and an unforgettable picture of Roger Phillips, who was then the Orange County sheriff, standing at the ready with big firepower in his hands. Don't expect a repeat when the Christopher Porco trial moves to Goshen from Albany next week.

It's big news in Albany because Porco is accused of murdering his father, Peter, with an ax in 2004.

But Porco is free on bail. He's no revolutionary. And the only crime that the jury pool around here associates with Albany is the vacuuming that the state performs on the wallets of taxpayers.

See how the players get connected in Orange County New York

Trials & Tribulations is the Times Herald-Record's weekly roundup of news, updates and anecdotes about local courts and criminal justice. Tips and threats are welcome. Call Oliver Mackson at 845- 346-3130 or e-mail omackson@th-record.com

Anonymous said...

Look what I found on http://www.attorneycomplaintcenter.com/complaints/complaint_140.asp

Date : 10/3/2005

Subject: RIP OFF ARTIST Topic: Unethical
Complainant: unethical, overcharges

Used the law firm for a divorce - one year later and $60,000,
still not divorced. I was
passed off to 3 different lawyers within the firm, overcharged
and double billed by all. I
was told by a staff member at the firm to seek another lawyer
and to pursue fee
mediation. They even gave me the name of a new lawyer.
The new lawyer settled the
divorce for $3,000 in just 1 month. Now I hear from other
people and lawyers that he has
a terrible reputation and has had numerous complaints
through the bar. A former lawyer
in his office now tells me that he directs his lawyers to run up
a clients bill. Until I was in
another law office and started to hear horror stories, I didnt
realize he had such a bad
reputation locally. I took him to task and did pursue fee
mediation - guess what, he tried
to charge me an additional $10,000 for "fee mediation prep".
Gary Greenwald should be
taken to task by the bar - stop protecting a lawyer who has no
morals and does not abide
by the ethical code of attorney conduct.

linda said...

February 16, 2007 Edition > Section: New York > Printer-Friendly Version

Ruling Favors Grandparents Seeking Visitation
BY JOSEPH GOLDSTEIN - Staff Reporter of the Sun
February 16, 2007
URL: http://www.nysun.com/article/48830




A ruling by the state's highest court yesterday will give a boost to grandparents seeking court orders allowing them to visit their grandchildren over parental objections.

State courts across the country have been grappling with grandparent visitation cases since the U.S. Supreme Court issued six opinions in a single grandparent visitation case in 2000. Taken together, the opinions offer states little guidance on the issue.

Yesterday's unanimous ruling, by the New York Court of Appeals, places New York among the states that require grandparents to overcome a relatively low standard before a judge can override a parent's wishes and grant grandparents access to a child.

The ruling is the first by the Court of Appeals to uphold the constitutionality of New York's grandparent visitation statute since the fractious Supreme Court case, Troxel v. Granville. Under New York law, a grandparent is allowed to ask a judge for court-ordered visitation rights if at least one of the child's parents is dead or under circumstances when "equity would see fit to intervene."

Critics of grandparent visitation laws say they encourage courts to intrude into family matters.

In the current case, a Suffolk County father said New York's grandparent visitation law violated his 14th Amendment right to raise his family as he saw fit. The man, identified in court papers by his initials, P.D., had cut off all contact between his 13-year-old son and the 82-year-old mother of his deceased wife. The grandmother, Ethel Schutz, went to court to get a visitation order.

But the Court of Appeals, in a 12-page decision by Judge Susan Read, held that New York's law was constitutional because it gave proper deference to the wishes of parents.

There was "no abuse of discretion," Judge Read wrote, when a lower court ordered that Ms. Schutz be allowed to take her grandson for weekly dinners, a weekend every month, and an extended summer visit.

The court said the trial judge, Sandra Lynne Sgroi of Suffolk County, had enumerated good reasons for overriding the father's authority and granting the visitation.

In deciding that contact with the grandmother was "in the child's best interest," Judge Read wrote that Judge Sgroi had considered factors including the grandmother's ability to be a caregiver, the child's wishes, and the "reasonableness" of the father's objections.

This calculus, the court ruled, "employed the strong presumption that the parent's wishes represent the child's best interests, as our statute requires."

"While this presumption creates a high hurdle, the grandmother in this case surmounted it," the decision reads, noting that the grandmother had played the role of a "surrogate, live-in mother" for the child for four years.

Ms. Schutz, who lives in East Hampton, moved to the family's home in Huntington when her daughter became terminally ill and stayed after her death.

By 2002, the father, a professor at Touro Law Center, had a falling-out with Ms. Schutz. Disputes ranged from disagreements over the boy's bedtime to his tooth-brushing habits. The father said he felt Ms. Schutz was undermining his authority with the child, according to court documents. He cut off all contact between his son and Ms. Schutz.

"The presumption that a fit parent's decisions are in the child's best interests is a strong one," Judge Read wrote. Nonetheless, Judge Read suggested that parents should have to put forward stronger reasons than "parent-grandparent antagonism" when arguing in court against grandparent visitation rights.

"An acrimonious relationship is generally not sufficient cause to deny visitation," Judge Read, who was nominated to the bench by Governor Pataki, wrote.

An Indiana attorney who follows grandparent visitation cases nationwide, Karen Wyle, called yesterday's decision a "fairly mainstream approach" to the issue.

A Philadelphia attorney who has asked the Supreme Court to review a recent grandparent visitation decision in Pennsylvania, Howard Bashman, said it will be interesting to see how New York courts apply yesterday's decision in cases where the grandparent has not lived with the child or played such a care-giving role.

Yesterday's decision, Mr. Bashman said, "does allow the trial judge to quite easily substitute his or her own view of what is best for the child for the parent's view."

The father declined to comment, responding via e-mail that any publicity the case may garner is not in his son's interest.

linda said...

re: Alfredo Rios in New York probably Brooklyn. With fax number 718-788-4763

call the DA's office in Brooklyn _ DA Hynes and asked them if they that name - google his name.

called the attorney general's office.

keep on asking ....

Anonymous said...

gary greenwald - somebody pls tell more?

Anonymous said...

Judge Nicolai - anyone wants to write a letter to Dan Murphy, the brave reporter for Westchester newspaper, re: "Everybody loves Raymond",

Dan Murphy - djmyanks@yahoo.com _ someone thank him, for his couregeous article. I hope the feds come marching in!!!!

george said...

I love the feds!!!!!

george said...

Can someone call the US Attorney for Greenwald - some attorney?

I wonder how much money,he gave to Judge Nicolai or any other judge - can someone research all the judges that Greenwald has appeared?

There is always a pattern.

Anonymous said...

Gary Greenwald operates mostly out of Orange County, NY where he is a big fish in a small town. Known and hate by everybody including other attorneys in that county for been not too ethical and as one attorney told me Gary Greenwald is nothing but a piece of _____ fill in the blank. He usually represents criminals and try to get them off the hook.

Bringmykidshome said...

One time I was in the courtroom when Gary Greenwald was mocking a litigant that he had in another case and told another attorney in the courtroom that this litigant was going to report him. Well he was laughing and stating that he was not worry about her complaint. I wonder if Gary Greenwald has a connection that despite many complaints against him he still has his license.

Bringmykidshome said...

A word of wisdom: The truth always comes out, and when it does there is no place to hide. God bless us all and give us the strenght to continue in our path to freedom for our children.

linda said...

Gary greenwald - the misguided attorney must hv known the people at the grievance committee - can someone give me all the news print, tv station or radio station in greenwald area

thank you

joey said...

gary greenwald -
"I don’t know what you’re talking about," muttered Vincent "the Chin" Gigante to Judge I. Leo Glasser in a Brooklyn Federal Courtroom on February 7. The "Oddfather," now 74 years old, re-enacted what federal prosecutors call the "crazy act" and shuffled into the courthouse looking dazed and confused.

so the feds should know abt gary greenwald

someone keep on digging - which law school will graduate this person???, etc

linda said...

Times Union would be interested in anything - bport@timesunion.com

George said...

We write about bad attorneys, may be we need to protect the good ones as well...

Barry Goldstein - barryg78@aol.com

htuan@tandcllp.com - Han Hsien Tuan

tell them naked judge sent you

joey said...

FYI _ double billing is feds issue - remember the movie "The Firm" becaus they use first class mailing and that also includes forensic experts, law guardians, CPS, etc _ fraud is fraud (it can be state or FEDS)

US Attorney - 212 637 2200

FBI - newyork@fbi.gov
212 384 1000

DA Albany

criminal is automatic disbarment _ think Hevesi - the old state comptroller

Anonymous said...

Gary Greenwald practices in the following areas of law: Criminal Defense Litigation; Personal Injury Litigation; Corporate Litigation; Matrimonial Litigation; Commercial Litigation; Civil Litigation

Admitted: 1971, New York, U.S. District Court, Northern District of New York and U.S. Court of Appeals, Third Circuit; 1981, U.S. District Court, Western and Southern Districts of New York; 1987, U.S. Supreme Court; 1988, U.S. Court of Appeals, Second Circuit

Law School: Brooklyn Law School, J.D., 1970

College: Harpur College, State University of New York at Binghamton, B.A., 1966; New York University Post Graduate Medical School, Forensic Sciences Symposium, 1981

Member: Orange County (Chairman, Criminal Law Committee, 1997—), Sullivan County and New York State Bar Associations; American Trial Lawyers Association.

Born: Queens, New York, April 22, 1945

Anonymous said...

The News paper in Orange County, New York is the Times Herald-Record's be aware of Oliver Mackson a reporter for this newspapers who allegdly tells the courts what he finds out and don't help you.

Bringmykidshome said...

El haber dejado la persona con la cual me case por Abuso Domestico me ah costado mis hijos. Después de años de abuso decidí dejar a mi esposo. Logre poder salir del Estado de Nueva York con permiso de la corte y del abusador, mi felicidad no podía ser completa. Triste la realidad que no fue así.

Desde que me fui el abusador no dejo de hostigarme a mí a mis hijos. No paro de dejar de llevarme a corte sin parar solo para seguir su acoso utilizando las cortes y dejarme en una situación sin un centavo.

Después de haberme llevado a corte desde el 2003 hasta ahora logro quitarme a mis hijos y con ayuda de su abogado, la representante legal de los mis hijos. La cual hasta me ah hecho amenazas y me ah hostigado a mi y a mis hijos por una relación personal que mantiene con mí ex según sus propias palabras y la ayuda de un sistema judicial que esta desintegrado. Ahora ni puedo hablar ni ver a mis hijos como si yo no existiera.

Todo por favores a un abusador y con evidencias de su abuso en su contra no solo a mi si no a los niños. Donde están las leyes que se supone protejan a los niños de abuso, donde están las leyes que se supone protejan a las mujeres victimas de violencia domestica.

En orden para que una victima obtenga justicia tiene que haber una reforma en las cortes que manejan casos de custodia y divorcio. La corrupción que hay en las cortes es de una magnitud inmensa la cual tiene que ponérsele un alto y castigar aquellos responsables por el abuso de poder y buscar que los motivas a tanto abuso por que no los motiva el amor por las leyes.

Por se Hispana, mujer y madre la cortes me castiga quitándome lo que Dios me dio para que cuidara con amor mis hijos. Ya basta del racismo, discriminación social y del machismo. Si un hombre le pega a una mujer es como si no hiciera un pare o se pasara una luz roja. Si una persona maltrata un animal va preso y las consecuencias las cortes se las hacen pagar.

Y yo digo los animales en este Nación América tienen mis derechos y proteccion bajo la ley que un Inmigrante, que una Mujer, que una victima de Abuso Domestico, que niños indefensos y que nosotros los pobres. Soy nacida en este País y criada en mi Tierra preciosa Puerto Rico allá era feliz aquí en los Estados Unidos nos tratan como ganado y nos ponen dueños y venden nuestros hijos al ganadero con mas dinero.

Y yo me pregunto cuanto habrán pagado para vender a mis hijos y cuanto me va a costar recobrar mi libertad y la de mis hijos cuando este país nos ah hecho esclavos y sirvientes de un abusador. Se necesita ayuda para secar las lágrimas derramadas por mis hijos y yo y alejar el dolor de mis hijos y el mió. No mas abuso la batalla para ser liberados tiene que comenzar ahora.

Nancy Marín

Madre, Sobreviviente de Violencia Domestica, Mujer Latina, Madre con hijos legalmente raptados en el Estado De Nueva York

Anonymous said...

What is new in the blog? Please don't stop now we need to keep going and don't stop now.

Anonymous said...

Does anybody know an FBI agent that one can trust to contact?

Anonymous said...

GARY GREENWALD, ESQ Date : 9/5/2005

Subject: RIP OFF Topic: Overcharge
Complainant: WILLIAM B.


Anonymous said...

Date : 10/3/2005

Subject: RIP OFF ARTIST Topic: Unethical
Complainant: unethical, overcharges

Used the law firm for a divorce - one year later and $60,000,
still not divorced. I was
passed off to 3 different lawyers within the firm, overcharged
and double billed by all. I
was told by a staff member at the firm to seek another lawyer
and to pursue fee
mediation. They even gave me the name of a new lawyer.
The new lawyer settled the
divorce for $3,000 in just 1 month. Now I hear from other
people and lawyers that he has
a terrible reputation and has had numerous complaints
through the bar. A former lawyer
in his office now tells me that he directs his lawyers to run up
a clients bill. Until I was in
another law office and started to hear horror stories, I didnt
realize he had such a bad
reputation locally. I took him to task and did pursue fee
mediation - guess what, he tried
to charge me an additional $10,000 for "fee mediation prep".
Gary Greenwald should be
taken to task by the bar - stop protecting a lawyer who has no
morals and does not abide
by the ethical code of attorney conduct.

Concerned Citizens of New York said...

FYI _ Just got this from the circuit, thought it's worth sharing:


Dearest everyone:

I am sick, out cold and sorry I didn’t do this email sooner. No jail time for today. Commitment order is suspended to Wednesday 4/24/07 - 9:30 AM. Another continuance to this legal abuse?

Thank you to all that show up in court today, taking notes, posting their witness comments in www.nakedjudgeny.blogspot.com.

Thank you to Asian Americans for Equality (AAFE) members and also their petite but strong Human Rights leader, Margaret Chin for being witnesses to my court hearing.

Thank you to Marcia Pappas, National Organization for Women, NYS, President, who went out on the limb to expose my gross injustice and didn't blink even after my ex's misguided attorney (Adam Edelstein) sent her a threatening letter demanding her to cease and desist her press release about my injustice in NOW's website - www.nownys.org - Marcia fearlessly stood her ground and kept her press release posted on her site so everyone can see this unwarranted and unnecessary legal abuse against me and loving mothers nationwide.

Thank you for those who signed on to NOW's letter and another letter of support as NOW's ally to Mr. Adam Edelstein to end this injustice.

It worked!!!, Today, Mr. Edelstein asked the judge to consider releasing him as counsel. We'll see what unfolds next.

Thank you to Denise Brown who founded Nicole Brown's foundation to make sure that every woman unlike her tragic sister Nicole, is safe, and that her alleged killer can't keep giving interviews, charming the world.

Thank you to all prayer warriors, who believed that there is a power greater than myself, when I am so lost, so desperate and so frightened.

Thank you to those who lent me your faith when I have NONE.

Thank you to those who did not kick me when I am down, and instead recited a quote from Sir Winston Churchill, "When you are in HELL, keep walking".

Thank you to those who kicked me when I am down, judge me, speak badly of me and humiliate me in front, side and back, or say it's a sad story but we can't help you, nor know enough about your case to help you, or are willing to spend the time to help you - just give it up, or your daughter will be an adult soon.

Because in the powerlessness of my DEEPEST HELL and despair, I have no choice, but to embrace the judgment, the opinion and wonder can my faith and love endure this pain.

My late "Apho" (grandmom), a devout Buddhist, taught me that, "Heaven is right where you are standing."

Being 45 years old going on 46, my "aha" moment finally kicks in.

Some of you might ask, why am I even in this mess? When you find out, let me know.

My mantra in this insanity, is to repeat the title of Rabbi Kushner's book,
"When bad things happen to good people."

Or when I am buried in their endless court paper tsunami, my other mentor
wisely said, "What other people think of you is NONE of your business." Stay focus.

When I cannot possibly get out of bed, I beg my LORD to please take me home
for I cannot bear this burden anymore and the nerve of the Lord to say, "NO, and go on brush your teeth."

The thought of bad breath changes everything.

But mostly, I am not in jail because of your faith in giving me the strength to speak the truth and expose the fraud and fraud upon the court.

In understanding my dust to dust and ashes shall I become, I find humor in St. Bart's Rector Bill Tully's statement, "Life is short", and in my heart I say, "please make it so" until the "bad breath" thought takes over.

I found strength in Vicar Kevin's "Manhattan Together" through numerous emails, "forgive my persistency", when I emailed and called, emailed and called, strangers, friends, families and even foes.

And my blessings, in Rev. Mark Bozzuti-Jones, who called me "Esther of God", even when I don't believe him, the sounds of Esther and God in one sentence comforts my soul - a priceless healing.

Thank you to Rev. Elizabeth, Elizabeth Lewin, and also Kathy - Director of St. Bart's "Happy" Sunday School, who spiritually enrich Grace's thirsty and hungry soul.

"Mama, can I speak to the prayer ladies?" as Grace calls them. And when I probed what she prayed for, Grace would give me a stern look that it's a private matter between God and her.

Thank you to Kaicho and his son Kyoshi Nakamura at Seido Karate, who re-awakened my spirit. They reminded me what my life was like before litigation, that I trained at Seido Karate before pregnancy, during my pregnancy to within days before Graces being born and took Grace to the Dojo
for 2 years until I was served with the divorce papers.

Thank you to all Seido members who welcome me back and told Grace that they knew her when...
And how proud they are that she is in the best belt - "White" because in that beginner's mind, we learn so much.

And to known and unknown "blessed strangers" who have been putting a good word for Grace and I in Heaven or have lit that special candle for us.

And to attorneys, Barry Goldstein, Han Hsien Tuan, Dean Cho, Bruce Heffer and others, who become my life long friends against legal abuse that has brought a bad name to all the good hard working honest judges and attorneys like them. The legal abuse has decreases public faith in our judicial system.

Legal abuse, unfortunately is another form of Domestic Violence that has hurt so many loving mothers and their children and wastes valuable court resources and taxpayers money. All of us should be outraged that our tax dollars are being spent to re-abuse victims when we need education and
housing. If you care about doing something in education and affordable housing, you must email Kevin, bean@stbarts.org

I keep reminding myself, yes it's a very bad movie, I will find the remote control soon or there must be a remedy out of this "Ground Hog Day" court maze that appears to have NO exit.

The bad news - Judge Lobis didn't want to hear my argument that Grace's father has no authority to alienate GOD'S TIME from Grace, when I have the final decision on religion.

I argue that I have to drag this innocent loving child, who is not a party to this action, from Manhattan to the failing school of her father's choosing in Staten Island (both pick up and drop off) because he has the final decision on education.

Since I have the final decision on religion, and Grace loves her St. Barts Sunday school friends, wouldn't it be in her best interest for him to bring Grace there for her religious studies?

Judge Lobis said NO.

Go figure!

Unfortunately, I have to bring a formal motion, unnecessary wasted time in order for Grace to have her religious studies.

I am confuse into how Judge Lobis have the right to define and order how Grace and I should worship God?

Or may be the right question, is why do I have to fight for something that is common sense to any loving parent who wants the best for their children.

When not fighting against the legal abuse from my ex, I'm fighting for Grace's best interest with the judge. I explained to the court to no avail, if this court is not protecting Grace's best interest then who will? And if not now then

I am sick, tired, exhausted, burnt and toast. It is your faith and prayers that have kept me standing.

All of you gave me the courage to say in court, to the point sounding like a broken record,
"I am a woman of faith.
I have faith that in this great country of ours, the best liars don't win.
I have faith that the INTEGRITY of the Judicial System never FAILS."

When I ran for NYS Assembly last primary, our motto was, "When we demand the best from our elected officials, we get the very best."

May be I should add attorneys and judges to that motto,” When we demand the best from attorneys and judges, we get the very best." In the unfortunate life circumstances, just in case we have to come before them.

I am not the first of any injustice, but it is my hope that I will be the last.

Both my biological and adoptive mom raised me to be a peacemaker and a peacekeeper. I couldn't have done it without their nurturance of God's faith, the encouragement of volunteering my time. And when, I protest, they will say, we count our blessings by sharing our kindness to others.

Grace like all children are our future leaders. Every child deserves the right to have a happy childhood.

And For us adults to remind ourselves – that it is never too late to have a happy childhood.

Lastly, to my sweet mentor who taught me that the light of G_d, never fails.

If you are agnostic, atheist, or in between, take it from my late no-nonsense adoptive dad Harry, a retired cop that said, "The truth is like dishwashing liquid, it cuts through the grease."

The truth seeker, witness-bearer I will be and it is my hope that my experience will benefit others to make this great country of ours even better.

God Bless America.

From my heart, to yours and your family, may the year of the Golden Pig gives
you good health and success.

Esther Yang
917 369 0032

Anonymous said...

Esther's court hearing was tense but her ex's attorney - Edelstein was at his best behavior. His brother was there. Must be nice to work in daddy's law firm.

elizabeth said...

Poor Esther was sick! She was coughing through out the hearing and we barely heard her cuz she was losing her voice. Glad that she's not in jail. From what I hear, she only owes over $800 so for that puny amount, they are stressing this poor girl with the threat of jail. Talk about gender bias. Do they do this to fathers?

kat said...

Esther's mom and aunt were there. She looks just like Esther.

linda said...

It was good that the Chinese Community came for Esther in Judge's Lobis's courtroom. I have heard her ex's attorney, Edelstein's sarcasm going on and on. Shameless.

susan said...

I can't believe National Organization for Women wrote to Esther's judge and they were on the record. Good for them.

Anonymous said...

Clarence Norman Guilty! Guilty! Guilty! - let's clean up Brooklyn. Don't Edelstein (daddy and sons) come from Brooklyn?

Anonymous said...

Bear with--this comment is about a pattern of public behavior of a Staten Island Judge which may give everyone pause as to how she got on the bench. The Staten Island Advance had an article on Sunday, February 25, 2007 on Why What Women Wear Trumps What They Say by Judy Randall. The front page story focused on two members of the NYS Legislature from Staten Island and how much grief they get about what they wear while their male counterparts don't get this minute attention to their appearance. An image consultant was quoted as saying that the guys know there is a uniform for them that connotes power and respect. Women are so focused on fashion that they miss the boat and fail to realize that power is reflected in wardrobe. Here's one reaction to the article.

"Assemblywoman Janele Hyer-Spencer and Senator Diane Savino are very savvy and smart about the reality of the double standard for women in public life. They obviously grasp the power of appearance and the psychology of clothing and exercise uncommonly good sense in their wardrobe choices. Reporter Judy Randall's story might have included another high profile woman on Staten Island with a different take on public dressing for success. I wonder what Image Consultant Beryl Wing would say about Staten Island Judge Barbara Panepinto, a jurist who never ascends the bench or attends public gatherings without her trademark super sexy red high heels.

As a judicial candidate and former family court hearing officer her public persona was already closely linked to her fondness for sexy fashion and footware. Years ago CTV (Cable television) did a parody after her first judicial election to the civil court bench when a well known Staten Island figure bantered for the camera as he presented Judge Panepinto with a ceremonial red bath robe to mark her ascension to the bench. Was the judge just being a good sport and not having a chip on her shoulder by participating in the "joke" or was she basking in the attention because it was feeding into her primary attribute for public office, her sex appeal with the old boy club that got her going and into politics? Was the obvious denigration of any other achievements self-precipitated?

Does a professional woman not realize that clothes transmit a message? What is Judge Panepinto's message about how she sees female power? When a woman is given the public trust to make life altering judgments and exercise power over others and in Judge Panepinto's case family law, how much can she be trusted? A woman who is given entry into a formerly all male preserve has the luxury of a professional uniform, the genderless judicial black robe of authority. Why would anyone deliberately sexualize a judge's black robe? Why would anyone deliberately defuse or confuse the public's perception of the moral, ethical or legal authority of the figure behind the robe? What kind of role model of a woman in the judiciary is Judge Panepinto? Why would she go out of her way to cheapen the place of women on the bench in the courts?

Anonymous said...

An attorney came home one day and his son said to him:
Dad, it's sad the poor reputation attorneys have.
After a moment he added:
It's a pity that 99% of the attorneys ruin it for the other 1%.


Anonymous said...

What do you call a lawyer with an IQ of 60?

A Lawyer

What do you call a lawyer with an IQ of 65?

Your Honor

Anonymous said...

Bad Apples on Brooklyn Bench

By Nancie L. Katz
New York Daily News
November 13, 2005

When Mayor Bloomberg was looking for egregious examples of political machines picking unqualified judges, he didn't need to look far - just over the East River to Brooklyn.

In an op-ed piece in today's Daily News, he made several references to corrupt Brooklyn judges.

When he mentioned a judge who took a bribe, he was likely referring to disgraced Justice Victor Barron, who is serving a three-year sentence for pleading guilty in 2002 to soliciting $250,000 from an attorney in exchange for approving a settlement involving a permanently brain-damaged infant.

But he could have been thinking of suspended Justice Gerald Garson, 73. That disgraced divorce judge is awaiting trial on charges he fixed custody cases and gave lucrative guardianship appointments to a favorite attorney in exchange for free dinners, drinks, cash and cigars.

Not to mention his cousin Michael Garson, another suspended Brooklyn judge, awaiting trial for larceny for allegedly looting the nearly $1 million fortune of his elderly aunt.

And when he wrote about a judge kicked off the bench for approving the payment of $8 million of attorneys fees to a personal friend, he was certainly referring to dethroned Surrogate Judge Michael Feinberg.

Feinberg was booted from the bench in February after awarding some $9 million in excessive fees to a personal friend, Louis Rosenthal.

In fact, Feinberg and Rosenthal are now under scrutiny by both state and federal prosecutors for routinely channeling hundreds of thousands of dollars to vendors linked to the Democratic machine that put him on the bench.

A News exposéé found that Feinberg routinely approved the exorbitant fees to his old law school buddy for seven years even though Rosenthal never filed the legally required affidavits saying what he did to earn them.

Bringmykidshome said...

Sent email on March 5, 2007 at 12:33 from the website

Senator Martinez,

I am a 3 year resident of the State of Florida. I legally migrated here from the State of New York in August 2003 with my two children after years of Domestic Violence. Today after been legally harassed by my estranged husband since I moved to the State of Florida the State of New York has illegally seized my children and placed them with a documented batterer and a man named in a Florida CPS child abuse report and a Florida therapist report. Reports that CPS and the court in the State of New York completely ignored. After carrying my two precious children for 9 months and raising them to become law abiding citizens the State of New York violated every single one of my rights, I can't talk to my children, touch them, see them or smell them. The State of New York has illegally overreached and took away two children who are legal residents of the State of Florida to put them in harm ways and destroy their little lives and any chance to grow up in a violent free environment and experience the beautiful Puerto Rican Culture.

I come to you for help Please Please Please help me. I hope and pray that you will listen to voice of a Hispanic Domestic Violence Survivor who came to the State of Florida with her two children looking for freedom and escaping from Domestic Abuse Slavery.

Nancy Marin

Bringmykidshome said...

Sent an email through his website on March 5, 2007 at 12:04 pm

Senator Bill Nelson,

I am a 3 year resident of the State of Florida. I legally migrated here from the State of New York in August 2003 with my two children after years of Domestic Violence. Today after been legally harassed by my estranged husband since I moved to the State of Florida the State of New York has illegally seized my children and placed them with a documented batterer and a man named in a Florida CPS child abuse report and a Florida therapist report. Reports that CPS and the court in the State of New York completely ignored. After carrying my two precious children for 9 months and raising them to become law abiding citizens the State of New York violated every single one of my rights, I can't talk to my children, touch them, see them or smell them. The State of New York has illegally overreached and took away two children who are legal residents of the State of Florida to put them in harm ways and destroy their little lives and any chance to grow up in a violent free environment. I come to you for help Please Please Please help me. I hope and pray that you will listen to voice of a Domestic Violence Survivor who came to the State of Florida with her two children looking for freedom and escaping from Domestic Abuse Slavery.

Nancy Marin

Anonymous said...

Corruption is all the way to the top from Judge Francis Nicolai to those who get letters like The Chief Judge of the State of New York Hon. Kaye that chooses to look the other way and all the way to the bottom including Judges, law guardians, court clerks, forensic psychiatris, psychologist, CPS, the Police Department and the school.

Our children are in danger due to those in our system in favor of child abuse, domestic violence,, pedophiles and money hungry unethical officials.

Anonymous said...

Hello. I have a question. I filed a grievance on a currupt attorney. I have a lot of evidence on him. He violated many rules of professional conduct for New York Attorneys. I have it all documented and the examples are outrageuous. I got a response from Grievance Committee, saying that they had dismissed my complaint (without any explanations). Where should I go to complain about their failure to investigate (they actually did not even have to investigate - I provided all the documented facts of misconduct, fraud, court orders holding this particular attorney in contempt). I need some office, or person, who would read my complaint and say :"Oh My God! Is this a criminal unethical person or a New York Attorney? We have to do something about it"... I know that we all know many corrupt attorneys, but we have a hard time proving that. With this one - I have proof, on a paper. Maybe naive thought in this corrupt world, but should not there be some person or court or office, that HAVE TO do something about PROVEN misconduct, fraud, and contempt. Thank you.

No more Ms. Nice Mom said...

I have evidence too of a New York State Attorney that any more corrupted and they will have to named the court house after him as it seems he runs the place. So I have the same question. We need to get together and fight back and begin connecting the dots.

Anynomous where is that attorney from what county?

Anonymous said...

Does anyone of a tv reporter willing to do these two stories of corruption? This should be able to open the doors the many other stories

Anonymous said...

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jonathan said...

I have decided to send this blog address to every single newspaper and tv station in New York nothing like telling the truth and expose criminals

Anonymous said...

I need your help, I am putting a plan into action to make Judge Judith Kaye to step up to the plate and do her job. Sadly I strongly believe that is she is part of the problem and not the solution.

I need the stories of every mom that the courts have legally kidnapped their children. Power is in numbers and the time is now.

Please have them email me to our_fact@yahoo.com

Anonymous said...

Today I sat down and cry not because I am defeated but because I felt pain and more pain thinking of the pain my children must be going through.

I had enough and I will scream out the truth all around the world until the last day of my life.

I hope and pray you will all join and help me scream loud enough so our children know that we are fighting for them.

Anonymous said...

After I sat down and cried. God heard my cry and gave me a gift. I been looking for a piece of the puzzle in my case for months. You need to understand I have looked at these papers more than 100 times and I could not find it. A lady from church told me one day God does not want you to cry, he will take your pain away everytime you cry. Please pray and ask God for help, because he listen I can testify of that. Today he heard me cried and gave me something to laugh about.

WilPowerMom said...

A hello from the "Everyone loves Raymond" ex-wife:

I was doing an Internet search on NYS courts info when I came across this blog and saw that my letter to Martinelli's newspapers was published here.

I am so sorry to learn of the problems that others have been having with Bert Pepper as a forensic but I can testity to his lack of due diligence in my case.

"Bertie baby" claimed I made far more money than I actually earned (he combined two year's worth of income!) thereby getting the judge (Will Sherwood) to reduce the support for my children - now how a judge could accept the word of a person with no financial background on income was beyond me. Made me wonder how much Bertie baby has contributed to judicial campaigns throughout the years. (By the way, Judge Will Sherwood is up for reeelection this year - he's the judge who ordered me to finance my ex's loan for his adultery expenses - this blog should keep track of who is up for reelection so we can all vote accordingly).

I'm perfectly willing to give my evidence to others facing the same problem. If I can, I'll even testify (I have a mother with Alzheimer's living with me, so my free time is limited, but I'll do what I can). I don't know whose blog this is, please email me back so I can provide contact info, etc.

Also, I am currently pursuing the wrongs on my case Pro Se. I just filed an appeal which I hope will be successful (the law is clearly on my side. Justice is another matter altogether apparently).

But trying to navigate the administrative quirks of the system is a nightmare (my ex got two of my appeals tossed on a technicality that wasn't even posted in the Appellate Court's rules!).

The courts deliberately make it a logistical mine field - the Bar Association has a strong lobbying group in Albany - they want to make sure that we need lawyers to get anywhere in the courts.

I disagree. Once you figure out the logistics, it's painfully apparent that any idiot could do a court filing (to quote the Elle Woods character in Legally Blonde - "what, like it's hard"?).

So I'm proposing a "Pro Se" web site (I'm in the process of setting this up myself). Unfortunately the NYS Bar Association has seen to it that no one can give out legal advice except them in New York. But there's nothing to prevent us from telling our stories about what we did that worked (or what didn't), now is there?

If one of us files a successful motion or appeal, we should post our court papers (with home addresses and kids information removed, etc.) so that other Pro Se litigants could simply "cut and paste" the legal issues and references and be equally successful. Plus, Pro Se litigants would have examples of how to fill out the paperwork - the courts, u nlike other government agencies, do NOT show examples. Even the IRS is more user-friendly.

We should tell our stories about what lawyers, judges, "experts" are good, who are horrible, warn others of the dirty tricks pulled on us, what you did to safeguard yourself, etc.

I'm trying to get to the Garson trial late next week. I'll have to drag my mother in a wheelchair to do it, but we need to get someone to listen to us.

I'll leave you with my inspiration lately, a quote from Clarence Darrow:

"I've never killed a man, but I've read a great many obituaries with glee".

I'm looking forward to a few obituaries in the papers. I intend to throw an Irish wake to celebrate when I learn these bastards have finally left the planet and are no longer a threat to innocent people.

And I intend to outlive them all!


Catherine Wilson

Jonathan said...

Hooray!!! Is time to Judge the Judges and have them off the bench for their criminal activities.

Defrocked Judge Gerald Garson Court Watcher said...

EVERYONE MUST ATTEND - Defrocked Judge Gerald Garson's Trial

Brooklyn Supreme Court (the new Supreme Court, same building as the Family Court)
320 Jay Street - 2nd Floor
Ceremonial Court Room
Presiding Judge Berry From Goshen -Orange County

2, 3, 4 and 5, trains to Borough Hall - Brooklyn

Mon - Thurs 9:30 AM - 5 PM
Spread the word!!!

To put Judges on the hot seat and hold them accountable is a good thing. One of our Founding Fathers said, "Equal justice for all and special privileges for none." In layman words - NO ONE IS ABOVE THE LAW AND ABSOLUTE IMMUNITY OR THE INDEPENDENCE OF THE JUDICIARY IS NOT A BLANK CHECK TO VIOLATE ANYONE'S DUE PROCESS. Don't let those officers of the courts fool you, almost half of our Founding Fathers were NOT attorneys and it is always We the People and NOT their people,

Remember that Judges must have a Judicial Temperment (yelling and sarcasm ain't it). They must be impartial and non-biased. There must be no room in our judicial system for cronyism or favoritism towards campaign contributors, especially when the contributors are lawyers with cases before the judges.

The bottom line is, public servants are suppose to serve the public not their friends and families.

FYI - There are 3 Garson Judges. The defrocked Gerald Garson, his wife Robin Garson, his cousin Michael Garson. All 3 were questioned for allegedly taking money from their aunt. Here's a pearl of wisdom - If they do this to a member of their own family, imagine what they will do to litigants. That's why Gerald Garson is Defrocked.

Folks, it's our tax money!!!

Everyone should write to thank DA Hynes. He is our hero.

Whatever happens to the rest of the District Attorneys?. Why only in Brooklyn? - Defrocked Judge Mason, Defrocked and jailed Judge Victor Barron, Defrocked Judge Gerald Garson.

from www.judicialaccountability.org

Disgraced Judge Won't Be Charged

By Nancie L. Katz
New York Daily News
December 21, 2007

A Brooklyn judge accused of looting his elderly aunt's fortune will soon be off the hook for criminal charges, the Daily News has learned.

State Supreme Court Justice Michael Garson, under indictment for grand larceny, gets to retire and go into private law practice under a deal with Brooklyn district attorney's office, according to several sources.

Garson earned the reprieve from District Attorney Charles Hynes because of the undercover work he did in Hynes' ongoing investigation into judicial corruption, the source said.

"His indictment gets dismissed and he gets to retire and get his pension," said a source familiar with the case.

Garson, 60, wore a wire during conversations with fellow Justice Howard Ruditzky after Garson told prosecutors that Ruditzky paid deposed Brooklyn Democratic Party Chairman Clarence Norman $100,000 to get on the bench.

Ruditzky and his lawyer have repeatedly denied the charge.

Garson, who was indicted in 2004, was facing up to 15 years in prison for illegally dipping into a $1 million in savings that belonged to his ailing aunt, Sarah Gershonoff.

He allegedly used the money to make up for stock market losses, according to prosecutors.

Hynes' kept the felony indictment secret for six months while Garson cooperated in his judgeship-for-sale probe.

This week, the district attorney's office declined to comment on the case, and it's unclear whether Garson's spadework will lead to indictments.

Garson's attorney, Ronald Aiello, confirmed the judge is retiring Dec. 31. But he indicated the criminal case is ongoing.

"Our trial date is Feb. 1," he said. "The judge is stepping down when his term ends. He voluntarily did not run for reelection and plans to return to private practice on Jan. 1."

Earlier this year, Hynes dropped grand larceny charges against Norman's top aide, Jeffrey Feldman, after Feldman agreed to testify against his boss.

Sources said Feldman was prepared to offer testimony that backed up Garson's allegations involving Norman and Ruditzky.

Norman, already sentenced to two to six years for felony campaign corruption, faces trial on Jan. 23 for allegedly coercing two judicial candidates to hire party vendors in exchange for his endorsement.

In addition to stepping down as Democratic chairman, he was forced to give up his seat in the state Assembly.


"NY Judge Loses Latest Bid to Dismiss Charges"

New York Law Journal
February 10, 2006
By Daniel Wise

Brooklyn Supreme Court Justice Michael J. Garson's omnibus motion to dismiss the grand larceny and forgery charges against him was denied yesterday by Justice William C. Donnino.

However, new facts about the case came to light in the prosecution's bill of particulars, which reveals that the prosecution contends that Justice Garson, who has been suspended with pay, used a power of attorney to steal $287,500 from his elderly aunt, Sarah Gershenoff. In arriving at
that figure, the prosecution analyzed $401,000 in transfers over a four-year period ending in 2000 from Ms. Gershenoff's accounts to an account belonging to Justice Garson and his wife at Chase Bank.

The bill of particulars also makes clear that in the forgery counts, Justice Garson is being accused of altering the power of attorney his aunt gave him to increase his authority to transfer her assets from
$10,000 a year to an unlimited amount.

Both sides asked for a three-month adjournment, but Justice Donnino set the next court date for March 30.

Paycheck Break for Suspended Judge

By Zach Haberman
New York Post
May 21, 2005

Beleaguered Brooklyn Judge Michael Garson may be barred from sitting on the bench, but the state's highest court said yesterday that he should still be paid.

The Court of Appeals ruled that Garson indicted last week on grand-larceny charges for allegedly pilfering money from his elderly aunt would remain suspended from presiding over cases, but could still claim his $136,000 annual salary.

Garson's lawyer, Ronald Aiello, filed a letter with the court claiming the judge has to pay $4,000 a month to his aunt's guardian, as well as the tuition MICHAEL GARSON or his son's private college and the cost of his
Grand-larceny rap. daughter's wedding in August.

A Manhattan judge ruled last year that Garson who allegedly forged a power of attorney for his 94-year-old aunt, Sarah Gershenoff, and then stole hundreds of thousands of dollars from her had to pay her back $163,000.

"The judge is very pleased," Aiello said. "He'll be able to move ahead without worrying where his next dime is coming from."

Meanwhile, Garson's cousin, state Supreme Court Justice Gerald Garson of Brooklyn, is also on suspension, the result of a 2003 criminal indictment on bribery charges related to alleged divorce-fixing.

He isn't being paid because the charges against him related to his duties on the bench.

High Court Suspends Judge Accused of Bilking His Aunt

By Michael Cooper
The New York Times
May 21, 2005

ALBANY, May 20 - A Brooklyn judge who was charged with bilking an elderly aunt of $163,000 was suspended with pay on Friday by the state's highest court.

The Court of Appeals ruled unanimously to suspend the judge, Michael J. Garson of State Supreme Court in Brooklyn. Mr. Garson is accused of taking $163,000 from an aunt, who is now 94, when he held her power of attorney.

The court allowed Mr. Garson to continue drawing his $136,700-a-year salary. Mr. Garson's lawyer, Ronald J. Aiello, had written to the court saying he would not challenge the suspension, but urging the court to allow Mr. Garson to continue receiving his pay.

"It's unfortunate that he is suspended," Mr. Aiello said in an interview on Friday, "but he understands what the rules are, but he is very happy that the Court of Appeals decided to suspend him with pay."

Mr. Garson has denied any wrongdoing. A civil court has ordered him to repay his aunt, Sarah Gershenoff, the $163,000 he has been unable to account for.

Mr. Aiello argued in his letter to the Court of Appeals that Mr. Garson would face financial difficulties if his pay were docked as part of the suspension, in part because he is "straining to pay" his aunt $4,000 a month. The letter states that Mr. Garson still owes her a balance of $90,000, and that he also has to pay for his son's college education and his daughter's forthcoming wedding.

The lawyer's letter notes that the court usually suspends judges without pay only if the charges against them relate to their official duties. The court would not comment on why Mr. Garson was allowed to continue being paid.

Mr. Garson's cousin, Gerald P. Garson, a former State Supreme Court justice in Brooklyn, is awaiting trial on charges that he accepted bribes in divorce cases.

Paycheck Break for Suspended Judge

By Zach Haberman
New York Post
May 21, 2005

Beleaguered Brooklyn Judge Michael Garson may be barred from sitting on the bench, but the state's highest court said yesterday that he should still be paid.

The Court of Appeals ruled that Garson indicted last week on grand-larceny charges for allegedly pilfering money from his elderly aunt would remain suspended from presiding over cases, but could still claim his $136,000 annual salary.

Garson's lawyer, Ronald Aiello, filed a letter with the court claiming the judge has to pay $4,000 a month to his aunt's guardian, as well as the tuition for his son's private college and the cost of his daughter's wedding in August.

A Manhattan judge ruled last year that Garson who allegedly forged a power of attorney for his 94-year-old aunt, Sarah Gershenoff, and then stole hundreds of thousands of dollars from her had to pay her back $163,000.

"The judge is very pleased," Aiello said. "He'll be able to move ahead without worrying where his next dime is coming from."

Meanwhile, Garson's cousin, state Supreme Court Justice Gerald Garson of Brooklyn, is also on suspension, the result of a 2003 criminal indictment on bribery charges related to alleged divorce-fixing.

He isn't being paid because the charges against him related to his duties on the bench.

Suspended Judge to Keep Paycheck

New York Daily News
News Staff Reports
May 21, 2005

Embattled Brooklyn Supreme Court Justice Michael Garson has gotten his wish: He'll be paid while suspended.

The state Court of Appeals issued a ruling yesterday that lets the judge collect his $136,000 annual salary while not working. Garson was suspended after being indicted last week for allegedly looting his elderly aunt's $1 million fortune.

His lawyer had written the court that Garson must now cover the cost of the aunt's care, pay his son's private college tuition and write the checks for his daughter's August wedding - and that he couldn't do it without his salary.

The lawyer pointed out that Garson's alleged misdeeds weren't related to his job.

Suspension ' With Pay' For Brooklyn Judge

Associated Press
May 20, 2005

ALBANY, N.Y. -- The state Court of Appeals on Friday ordered the
continued suspension, with pay, of state Supreme Court Justice Michael
Garson as he battles a grand larceny indictment stemming from charges he
illegally took money from an elderly aunt's bank account.

The Brooklyn judge has been suspended from the bench since the indictment
was handed down last week.

The state's highest court could have ordered Garson's suspension be
without pay, but his lawyer argued that would be unfair because the
charge does not involve his judicial duties.

In a Tuesday letter to the high court, Garson's lawyer noted that the
suspended judge faces private college tuition bills for a son, August
wedding costs for a daughter and $4,000-a-month payments to his aunt's

In late 2003, Garson was ordered by a Manhattan judge to pay $163,000 to
the guardian. That ruling was upheld last month by a midlevel state
appeals court.

Garson's cousin, state Supreme Court Gerald Garson of Brooklyn, is also
on suspension because of a 2003 criminal indictment. Gerald Garson faces
felony bribery charges in connection with allegations in divorce-fixing
cases. He was suspended without pay by the Court of Appeals because the
charges against him did relate to his official duties as a judge.

Embattled NY Judge Requests Suspension With Pay

New York Lawyer
May 19, 2005
By John Caher
New York Law Journal

Facing college tuition expenses for his son, wedding expenses for his daughter and a $4,000 monthly debt to an elderly aunt he is alleged to have defrauded, Brooklyn Supreme Court Justice Michael J. Garson is pleading with the Court of Appeals to suspend him with pay.

Justice Garson was indicted earlier this month on grand larceny and forgery charges in connection with the alleged theft of $163,000 from his 92-year-old aunt. It is alleged he exploited his power of attorney to steal from her.

As a result, the Court of Appeals on May 13 alerted Justice Garson that it was considering suspending him while the matter is pending.

On Tuesday, Justice Garson's attorney, Ronald J. Aiello, responded, advising the Court that he will not contest a suspension while urging that the embattled judge remain on the payroll.

Supreme Court judges are paid $136,700 annually.

Mr. Aiello observed that the Court of Appeals normally suspends judges without pay when the criminal allegations relate to official duties. Here, he said, the charges have nothing do to with judicial responsibilities.

Judge Denies Ripped off Aunt

By Nancie L. Katz
New York Daily News
May 13, 2005

Brooklyn Supreme Court Justice Michael Garson pleaded not guilty yesterday to looting his elderly aunt's fortune - charges that could land him up to 15 years behind bars.

A subdued Garson was arraigned on a four-count indictment in the same courthouse where he works. He is accused of forging a power-of-attorney to plunder the assets of 94-year-old Sarah Gershenoff, a retired legal secretary.

Brooklyn District Attorney Charles Hynes said the evidence shows that Garson took the money to cover his own stock market losses.

State court officials immediately suspended the 60-year-old jurist and summoned a Long Island judge for his arraignment. The judge, William Donnino, released Garson without bail.

Gershenoff, ailing and broke, lives in a Sheepshead Bay, Brooklyn, apartment with round-the-clock attendants.

Garson surrendered to authorities six months after a grand jury voted to indict him for grand larceny, possession of a forged instrument and offering a false instrument.

Hoping to stave off any charges, the judge was secretly aiding Hynes in an ongoing probe of judicial corruption in Brooklyn, according to a knowledgable source.

Garson's cousin, suspended Brooklyn judge Gerald Garson, was indicted two years ago on bribery charges.

Yesterday, Hynessaid he expected to empanel a new grand jury to continue his probe.

Defense attorney Ronald Aiello repeated Garson's claim that he was following his aunt's wishes to deplete her assets for Medicaid estate planning.

"When this is over, Judge Garson will be fully exonerated," Aiello said.

Judge Indicted on Charge of Taking Aunt's Money

By Andy Newman
The New York Times
May 12, 2005

A Brooklyn judge accused of siphoning money from his elderly aunt's assets has been indicted on charges of grand larceny and forgery, a law enforcement official said yesterday.

The judge, Michael J. Garson of State Supreme Court in Brooklyn, has been unable to provide receipts for $163,000 of his aunt's money that he withdrew while he had power of attorney over her. He is already under court order to repay the money.

"We believe he took it so he could cover some debts," said the law enforcement official, who spoke on the condition of anonymity. He added that Justice Garson had large losses in the stock market in 2000 and had filed a "doctored document" with the courts that gave him more control over the aunt's money than the power of attorney provided.

Justice Garson, 60, has claimed that the missing money went to cover his aunt's living expenses. His lawyer, Ronald J. Aiello, declined to comment yesterday on any potential charges against his client, who, according to the law enforcement official, has been ordered to surrender this morning.

Justice Garson, who has been on the bench since 1992 and hears civil cases, becomes the second Garson to be charged with a felony while sitting as a Supreme Court judge. His cousin Gerald P. Garson is awaiting trial on charges of receiving bribes in divorce cases.

The aunt, Sarah Gershenoff, a retired legal secretary who is now 92, gave Michael and Gerald power of attorney in 1997, putting Michael in control of her checkbooks.

In 2000, a niece of Ms. Gershenoff's complained that money was missing from her accounts. When Gerald was confronted by investigators in 2003 with evidence of his bribe-taking, he sought leniency by implicating Michael in the theft of his aunt's accounts, lawyers involved in Gerald's case have said.

Ordered to account for the aunt's money by a judge in Manhattan, Michael Garson could not supply receipts for $163,000. He testified that about $95,000 of the missing money went for restaurant meals for Ms. Gershenoff and her health aide. But the Manhattan judge found Michael's cash-flow analysis "fundamentally flawed" and ordered him to repay the $163,000. Michael lost an appeal of that decision last month.

The law enforcement official said that a grand jury voted to indict Justice Garson, who is still sitting, in November, but that the Brooklyn district attorney, Charles J. Hynes, declined to file the indictment until yesterday because Justice Garson had been cooperating with his office.

Judge to Give up in Aunt Theft

By Zach Haberman
New York Post
May 12, 2005

An embattled Brooklyn judge is expected to turn himself in this morning to face charges that he pilfered thousands of dollars from his elderly aunt's estate, The Post has learned.

Michael Garson will be fingerprinted and have his mug shot taken when he surrenders to the Brooklyn DA on grand-larceny charges, a source said.

After he is processed, he will be taken across the street to Brooklyn Supreme Court where he presides over cases to be arraigned.

Garson allegedly stole $163,000 from his 92-year-old aunt Sarah Gershenoff's estate.

He and his cousin, disgraced Brooklyn Judge Gerald Garson, took over Gershenoff's financial affairs in 1997 after she gave them power of attorney.

The pair then withdrew more than $600,000 of the retired secretary's cash. They said they "gifted" almost $350,000 to themselves and other family members and spent another $80,000 on Gershenoff, authorities said.

An appellate court recently ordered him to pay back the ill-gotten funds.

Gerald Garson who has been charged in an unrelated bribery case is not expected to be indicted in connection with his aunt's money.

B'klyn Judge to Be Indicted

By Nancie L. Katz
New York Daily News
May 4, 2005

Another Brooklyn judge will be indicted next week, this one for allegedly looting his elderly aunt's fortune, the Daily News has learned.

Brooklyn District Attorney Charles Hynes intends to file a grand larceny charge against Supreme Court Justice Michael Garson - six months after a grand jury voted to indict the jurist, according to a source familiar with the case.

The panel was ready to nail Garson in November, but Hynes put the indictment on hold after the judge offered to aid Hynes' probe of judicial corruption, sources said.

But with the indictment imminent, it's unclear if Garson came up with any useful evidence.

"They're going to file the indictment next week," said one knowledgeable source, who added that the judicial corruption probe continues. Hynes' office declined to comment.

Garson lawyer Ron Aiello said he didn't know about criminal charges.

For more than a year, Hynes probed charges that Garson altered a power of attorney agreement that his aunt Sarah Gershenoff, 91, signed in 1997.

The move allowed him and his cousin, Brooklyn Supreme Court Justice Gerald Garson, to allegedly plow through almost $600,000 of her money. Michael Garson told the grand jury that his aunt asked him to deplete her assets for estate planning.

Gerald Garson has not been charged in the alleged fraud, but is under indictment for taking bribes to fix divorce cases.

Judicial Watchdog Must Wake Up

New York Daily News
April 24, 2005

The state Commission on Judicial Conduct has a chance to redeem itself from the sin of allowing to remain on the bench two judges guilty of serious ethical breaches. A third judge, Brooklyn Supreme Court Justice Michael Garson, is now in its sights, and the panel needs to strip the robes from this jurist for his remarkably relaxed approach to handling money that's not his.

More specifically, the commission should end Garson's judicial career over the unaccountable disappearance of $163,000 that belonged to an elderly, incapacitated aunt over whose affairs he held power of attorney. No one knows what Garson did with all the dough. Lacking receipts, an appellate court last week refused to credit his story of spending it on restaurant meals for the woman in her 90s. Lots of restaurant meals, presumably.

Whatever happened to the cash, the Appellate Division ruled that Garson failed to fulfill his fiduciary obligation to keep track of his aunt's nest egg and quite rightly ordered him to repay her. The decision was a long time coming - Garson's malfeasance was exposed two years ago - and served as a reminder that he has maintained his position without sanction for just as long.

The commission has been well aware of Garson's shenanigans and, last spring, it forwarded evidence of potential criminal wrongdoing to Brooklyn District Attorney Joe Hynes, who had empaneled a grand jury months earlier. Then, as is traditional, the commission sat back to wait for the DA to act. And wait and wait. Hynes, for reasons unknown, hasn't acted. And Garson continues to preside over cases.

His presence in a courtroom is a scandal. As were the commission's recent decisions to allow Manhattan Justice Diane Lebedeff and Westchester Family Court Judge Nilda Morales Horowitz to stay on the bench. Lebedeff had sat in judgment on a close pal's trial. Horowitz had tried to influence two cases on behalf of friends. Both warranted dismissal, but the commission merely censured them.

Now, Garson deserves to be dispatched quickly. It's unfortunate that Albany lawmakers haven't granted the judicial conduct commission the power to suspend him immediately, pending proceedings aimed at removing him from office. So instead Garson will continue to dispense justice and cast the entire judiciary into disrepute.

Judge Must 'Aunty Up' $163,000

By Dareh Gregorian and Zach Haberman
New York Post
April 21, 2005

An embattled Brooklyn judge has lost his bid to get out of repaying his elderly aunt $163,000 he took from her bank accounts.

In a unanimous decision, the state Appellate Division agreed with a lower court that Brooklyn Supreme Court Justice Michael Garson "breached fiduciary duties to his elderly and incapacitated aunt by failing to keep appropriate records of his withdrawals from her accounts."

Garson and his cousin, Brooklyn Judge Gerald Garson, who faces bribery charges in an unrelated case, took over their 92-year-old aunt Sarah Gershenoff's financial affairs in 1997, when she gave them power of attorney over her bank accounts.

The pair then withdrew more than $600,000 of the retired secretary's cash. They said they "gifted" about $350,000 to themselves and other family members and spent about another $80,000 on her expenses.

Michael Garson said he spent the rest of the cash $163,000 on his aunt, including $70 a day on her food. He had problems proving those claims because he didn't keep the proper and legally required records.

Garson's "failure to produce contemporaneous records of the cash payments" made him liable for the entire $163,000 plus interest, said the appellate decision.

Garson didn't return a call for comment. The Brooklyn District Attorney's Office has been investigating the "gifts" and allegations that some of Gershenoff's signatures were forged.

NY Judge Accused of Theft Testifies

By Daniel Wise
New York Lawyer
New York Law Journal
October 20, 2004

Brooklyn Justice Michael J. Garson made a second and final appearance yesterday before a grand jury investigating whether he stole hundreds of thousands of dollars from his elderly aunt, sources report.

Justice Garson has contended he acted properly under a power of attorney his aunt gave him to spend down her assets so she could qualify for Medicaid.

Sources said that Justice Garson's appearance yesterday indicated the grand jury is close to finishing its work and that a vote on an indictment will be taken soon.

Garson Fingers Cousin to Jury

By Nancie L. Katz
New York Daily News
September 22, 2004

In an impassioned plea to a grand jury deciding whether to indict him, Justice Michael Garson blamed his cousin and his cousin's wife - both judges - for forging a document that could show they were allowed to spend all his elderly aunt's fortune.

Brooklyn District Attorney Charles Hynes is seeking to indict Garson for felony forgery and larceny for allegedly bilking Sarah Gershenoff, now 91, of hundreds of thousands of dollars.

Hynes began investigating last year whether Michael Garson altered a power of attorney signed by Gershenoff in March 1997 that gave him and his cousin - suspended Judge Gerald Garson - unfettered access to her nearly $1 million fortune.

Within three years, Gerald Garson - who had been indicted for bribery - and Michael Garson spent nearly $600,000. Gershenoff is now broke. Gerald Garson's wife, Civil Judge Robin Garson, is Gershenoff's personal guardian.

Prosecutors contend Garson stole from the aunt to cover stock market losses and then altered the document to show he was allowed to take as much money as he wanted.

But in nearly four hours of emotional testimony last week, Michael Garson told the grand jury that he was acting under a "legitimate" power of attorney and according to his aunt's wishes when he drained her accounts so she would qualify for Medicaid, sources familiar with his testimony said.

His attorney, Ron Aiello, said Garson presented an expert witness to explain how Medicaid estate planning worked.

"The only power of attorney he was aware of was legitimately executed, and he acted under that power of attorney," said Aiello. "He wasn't pointing fingers at anyone. He is not aware of anyone doing anything inappropriate and that anything inappropriate was done."

But sources familiar with the proceedings said that Hynes found the original 1997 document in which Gershenoff limits the men's access to her accounts.

Michael last week told jurors that in 2001, Gerald and Robin handed him a document he believed to be the original when a cousin filed a civil lawsuit alleging the trio looted the aunt, the source said.

"He was in there pointing the finger ... at Gerry and Robin," said a second source. "He's laid the blame on them."

Gerald and Robin Garson have contended they did nothing wrong. Yesterday, Robin Garson's attorney, Michael Washor, declined comment on Michael's testimony, saying she has not been charged with any wrongdoing.

"I have no idea what Michael said," he said.

This year, Robin - ordered by a judge to testify - told the panel Michael confessed several years ago that he took $100,000 to cover stock market losses and at another time, "tearfully" admitted taking "more" than was permitted under the 1997 agreement, according to sources.

Michael is expected to return next week to the grand jury, sources said.

Garson Cuz May Testify in E$tate Case

By Denise Buffa and Kati Cornell Smith
New York Post
September 22, 2004

Judge Michael Garson is expected to testify before a grand jury for a second time soon, in connection with the disappearance of cash from his elderly aunt's estate.

Garson has already been ordered by a civil-court judge to repay $162,000 to the estate of 92-year-old Sarah Gershenoff. Judge Walter Tolub found in December that Garson had breached his fiduciary duty while holding power of attorney over her assets for three years by failing to account for the missing money.

While sources told The Post that indictments were expected in the pending criminal investigation, Garson's lawyer, Ron Aiello, maintained his client would not be charged.

He said Garson had power of attorney over his aunt's estate and had properly spent down her assets to qualify her for Medicaid.

"He could have taken it all because he had no restrictions, but he did it the proper way," Aiello said.

Aiello said he called a Medicaid expert before the grand jury to back up the claim.

Gershenoff's case came to light after another relative reported that the elderly woman had complained that she suspected Michael Garson and his judge cousin were ripping her off.

Garson is the cousin of Brooklyn Judge Gerald Garson, who has been charged with accepting bribes in an unrelated divorce-rigging scandal.

Did Garson Steal from Aunt?
Not So, He'll Testify

By Melissa Grace
New York Daily News
August 18, 2004

Brooklyn judge Michael Garson is set to testify before a grand jury investigating allegations he stole his elderly aunt's fortune, his lawyer said yesterday.

Attorney Ronald Aiello said his client wants to take the witness stand and field questions from the district attorney and jurors in a bid to clear his name.

"He's going to tell the grand jury that the power of attorney he had was legitimately executed," Aiello said. "And, pursuant to its authority, he began to do what they call 'spend down' Sarah Gershenoff's assets in order to qualify her, at some future time, for Medicaid."

Sources said the embattled Brooklyn Supreme Court judge could face the grand jury - which has been investigating the case since April - as early as next week.

Aiello said Garson also is seeking to call Medicaid experts to testify that the way he spent the money is the "acceptable and preferred procedure."

Aiello said Garson spent Gershenoff's money by "gifting it to himself and others pursuant to his aunt's wishes."

District Attorney Charles Hynes' office yesterday would not comment on the grand jury proceedings.

Hynes is seeking to indict Garson on larceny and forgery charges for allegedly stealing money Gershenoff, 92, saved over 50 years as a legal secretary.

The prosecutor is investigating whether Garson altered a document signed by his aunt in 1997 giving him and his cousin, suspended Judge Gerald Garson, full access to Gershenoff's $1 million fortune.

Gerald Garson - who is under indictment for bribery in an unrelated case - and Michael Garson spent nearly $600,000 of Gershenoff's money within three years.

According to court records, the Garsons gave themselves $335,000 and had no receipts for about $200,000 in cash Michael Garson has testified he gave to his aunt to spend on food and restaurant meals.

Garson's Judge Wife Testifies

By Denise Buffa
New York Post
April 21, 2004

A Brooklyn judge - the wife of embattled Judge Gerald Garson - took the witness stand yesterday before a grand jury probing a third judge, her husband's cousin.

Judge Robin Garson testified before the grand jury considering the fate of Judge Michael Garson, who has been accused of bilking hundreds of thousands of dollars from an elderly aunt.

Robin Garson testified for about 21/2 hours regarding the appointment of a guardian for the aunt, a source knowledgeable about the case told The Post.

She declined to comment, referring all questions to her lawyer, Michael Washor, who said Garson had been subpoenaed but granted full immunity. He would not comment on her testimony, which was scheduled to continue next week.

The probe began after another cousin accused Gerald Garson - who was charged with taking a bribe from a lawyer during a divorce-rigging probe - and Michael Garson of obtaining a bogus power of attorney to seize control of their aunt's assets.

In court documents, Gerald Garson has said that his aunt had agreed to give him and Michael Garson power of attorney over her affairs once she became forgetful, and that Gerald and his wife would become the elderly woman's "health care agents."

All three Garsons denied any wrongdoing, but forfeited any right to handle the aunt's finances. Later, a Manhattan judge ordered Michael Garson to repay $163,000 to the aunt, Sarah Gershenoff, 91.

Garson Wife Set to Testify in Cuz Case

By Denise Buffa and Kati Cornell Smith
New York Post
April 20, 2004

The jurist wife of embattled Judge Gerald Garson is expected to testify today before a grand jury probing a third Brooklyn judge - her husband's cousin, The Post has learned.

Judge Robin Garson, who hears civil cases in Brooklyn, will be questioned by a panel considering criminal charges against Judge Michael Garson, who has been accused of bilking hundreds of thousands of dollars from an elderly aunt, a source said.

The Brooklyn DA's office declined to comment.

But the source said the DA has been probing whether Michael Garson, also a civil judge in Brooklyn, altered a document that gave him power of attorney over his aunt's finances.

No criminal charges have been filed against Michael Garson, who could not be reached for comment.

In December, a Manhattan judge ordered Michael Garson to repay $163,000 to his aunt, Sarah Gershenoff, 91. Judge Walter Tolub found Garson had breached his fiduciary duty while holding power of attorney over Gershenoff's assets for three years.

Gershenoff's case came to light after another relative reported the elderly woman said she suspected Michael Garson and his cousin - Gerald Garson, who's been charged with accepting bribes in an unrelated divorce-rigging scandal - were ripping her off.

Conduct Commission Opens Probe of Brooklyn Judge

Daniel Wise
New York Law Journal
January 21, 2004

Justice Michael J. Garson has been served with legal papers advising him that the Commission on Judicial Conduct has opened an investigation into how he has handled his elderly aunt's financial affairs, Alan M. Rocoff, a criminal defense lawyer who was acting as Justice Garson's spokesman, confirmed yesterday. Mr. Rocoff said Justice Garson will cooperate fully with the inquiry and ultimately be vindicated. In light of a Dec. 29 ruling from Manhattan Justice Walter B. Tolub ordering Justice Garson to return $163,000 to his aunt, Sarah Gershenoff, Mr. Rocoff said the commission was "clearly obligated" to open a probe. Justice Tolub, he noted, had made no findings that the funds had been improperly handled, but instead ordered the money returned because the judge failed to keep appropriate records. The Brooklyn District Attorney's Office is also reportedly investigating whether forgery was involved in the drafting of the power of attorney under which Justice Garson handled his aunt's funds from 1997 to 2000. ——

Michael Garson Breached Fiduciary Duty, Judge Says

Daniel Wise
New York Law Journal
December 30, 2003

Brooklyn Justice Michael J. Garson breached a fiduciary duty because he failed to keep appropriate records while managing the financial affairs of his elderly aunt under a power of attorney, a Manhattan judge ruled yesterday.

Because of the breach, Justice Garson must repay his 91-year-old aunt $163,000, Acting Supreme Court Justice Walter B. Tolub ruled.

Justice Garson's lawyer, Barry Elisofon, said yesterday the decision would be appealed because it is "logically inconsistent."

Yesterday's ruling was another blow for Justice Garson, who has been caught up in a media firestorm largely because of the indictment in April of his first cousin, Brooklyn Justice Gerald P. Garson, on charges that have since been upgraded to bribery.

Numerous news articles have reported that the Brooklyn District Attorney's Office has been examining how Justice Michael Garson handled the affairs of his elderly aunt, Sarah Gershenoff, who worked as legal secretary for 50 years at Rosenman Colin before it merged to become a part of Katten Muchin Zavis Rosenman.

A prosecutor from the Brooklyn office was present in Justice Tolub's courtroom throughout the hearing. News accounts have also asserted that Brooklyn prosecutors are examining whether a forgery was involved in the creation of the 1997 power of attorney that placed control of Ms. Gershenoff's financial affairs in the hands of the two Garson judges. Though both judges were named in the power of attorney, Justice Michael Garson acknowledged that for the most part he was in charge of handling her finances.

Justice Tolub, in ruling on a motion for the return of funds by Ms. Gershenoff's current court-appointed property guardian, hewed closely to the narrow legal question before him: whether as a fiduciary Justice Garson kept appropriate records. Although there was no suggestion of any wrongdoing on Justice Garson's part in the decision, the ultimate finding that he had "breached his fiduciary duty" left him as exposed as ever in the court of public opinion.

When Ms. Gershenoff executed the power of attorney on March 31, 1997, she had assets of approximately $750,000. Now, the current guardian, Robert Kruger, reports that with Ms. Gershenoff's monthly expenses exceeding her income by $4,000, depletion of her assets is "imminent."

During the 45 months the power of attorney remained active, Justice Garson presided over the withdrawal of approximately $600,000 from Ms. Gershenoff's various accounts.

About $350,000 of the withdrawals took the form of gifts, including $173,000 to Justice Michael Garson and $162,000 to Justice Gerald Garson. There was another $163,000 in withdrawals for which no documentation exists and which Mr. Kruger demanded be returned to Ms. Gershenoff.

Justice Tolub wrote in Matter of Gershenoff, 400941/01, that the gifts had been made to qualify her for Medicaid assistance in the future, a practice that has been sanctioned by the New York Court of Appeals. In any event, Justice Tolub wrote, Mr. Kruger, the property guardian, had raised no issue with respect to the gifts, and it was not before the court

The sole question, Justice Tolub wrote, was whether Justice Garson's failure to keep records of cash expenditures constituted a breach of fiduciary duty.

Justice Garson, in the absence of records, presented the testimony of an accountant that a cash-flow analysis of Ms. Gershenoff's expenses demonstrated that Justice Garson must have contributed about $8,000 of his own funds to meet her expenses.

'Flawed' Analysis

Justice Tolub, however, found the accountant's analysis to be "fundamentally flawed" because it was impossible to determine which expenses were paid in cash and which were paid in a traceable form, such as by credit card or check.

He pointed, for example, to a much debated point during the hearing, which was whether Justice Garson could be assumed to have given Ms. Gershenoff $70 a day in cash to cover the cost of meals for her and an aide.

The two sides stipulated that Ms. Gershenoff and an aide ate all their meals at restaurants. Justice Garson further contended that a $70 allowance for two is modest because it is less than the amount provided in Internal Revenue Service schedules.

Yet Justice Tolub noted that from the "few receipts" provided, "it appears that Ms. Gershenoff frequently used her American Express card to pay for some of her dining expenses."

"It is simply impossible for this court to determine with any degree of certainty how much of Ms. Gershenoff's expenses were paid for by check and how much was paid for in cash," Justice Tolub wrote. He concluded that Justice Garson had failed to establish "the legitimacy" of what he had done with Ms. Gershenoff's funds.

Mr. Elisofon, Justice Garson's lawyer, called the ruling "inconsistent" because all sides stipulated that Justice Garson had given Ms. Gershenoff cash to cover the cost of meals. While a "minor" portion of the restaurant bills may have been paid for by credit card, he said, Justice Garson received "no credit" for what amounted to more than $100,000 in restaurant expenses over nearly four years.

Mr. Elisofon also said it was unfair to fault Justice Garson for failing to turn over receipts to Mr. Kruger when no one questioned the judge's claim that he had given many receipts to a prior court-appointed guardian but had been unable to retrieve them after the guardian died.

Justice Michael Garson Defends Handling
of His Aunt's Assets

Daniel Wise
New York Law Journal
December 16, 2003

Under the watchful gaze of a prosecutor, Brooklyn Justice Michael J. Garson spent yesterday on the witness stand in Manhattan Supreme Court defending his handling of his elderly aunt's affairs.

A skilled and experienced witness, though a bit on overdrive, Justice Garson described how he spent down $750,000 in gifts and living expenses to qualify his 91-year- old aunt for Medicaid should she require nursing home care.

Justice Garson also forcefully defended his lack of receipts for more than $100,000 in expenditures, asserting, "Do you know my aunt?" It would be "ludicrous and embarrassing" to ask her for receipts to account "for how she spent her own money," he said.

Since May, a month after his cousin, Justice Gerald B. Garson, was arrested for charges that have since been upgraded to bribery, Justice Michael Garson has been the subject of negative publicity suggesting that he looted his aunt's estate. Numerous news stories have also reported that the Brooklyn District Attorney's Office is examining how he handled the power of attorney and whether the document itself was forged.

The hearing yesterday before Manhattan Justice Walter B. Tolub was substantially toned down from the overheated charges that were first reported in May, when documents were released from a family fight for control of the financial affairs and will of the aunt, Sarah Gershenoff. That suit was settled on terms largely favorable to the two justices, both of whom sit in Brooklyn.

Yesterday's proceeding focused on claims of Robert Kruger, a court-appointed guardian, that Justice Garson lacked documents to explain how he spent $163,000 of Ms. Gershenoff's money. Mr. Kruger took over control of Ms. Gershenoff's financial affairs as a part of the settlement of the lawsuit between the two Garson justices and a first cousin from California.

Under the October 2001 settlement, the cousin, Janice Tannen, abandoned an effort to have a court validate a will giving her one-third of Ms. Gershenoff's estate and a power of attorney giving her control of Ms. Gershenoff's finances.

Nonetheless, the Brooklyn district attorney has kept close tabs on the case, as was demonstrated by the presence of Assistant District Attorney Joseph DiBenedetto in the courtroom yesterday. Mr. Kruger revealed in an interview yesterday that the district attorney's office had given him a list of suggested questions. But, he added, he would not be the prosecutors' "cat's paw."

Nonetheless, a good portion of Justice Garson's testimony appeared directed at how he had engaged in an extensive gift-giving program that since 1997 has resulted in exhausting Ms. Gershenoff's assets, which were once about $750,000.

He went through checkbook records to itemize a pattern of gifts from Ms. Gershenoff to family members. Ms. Gershenoff was a legal secretary at Rosenman Colin for 50 years before its merger into Katten Muchin Zavis Rosenman. The gifts spanned several years before Justice Garson took over Ms. Gershenoff's financial affairs under the power of attorney.

However, more importantly, in testimony that seemed aimed at blunting any claim that a forgery was involved in the creation of the power of attorney, Justice Garson said that Ms. Gershenoff in her check records consistently printed her initials, S.G., the way they are found in the questioned power of attorney.

He also testified that he was not present when Ms. Gershenoff signed the power of attorney on March 31, 1997. The office manager from law firm Garson & Gerber, where Justice Gerald Garson was then practicing, obtained and notarized Ms. Gershenoff's signature, Justice Michael Garson said yesterday.

Though both Brooklyn justices were authorized to handle Ms. Gershenoff's finances in the power of attorney, Justice Michael Garson described himself yesterday as taking most of that responsibility.

The square-faced justice admitted several times to being "anxious" to get his side of the story out, and he made a powerful presentation, despite a few awkward moments.

He accidentily knocked over the water pitcher on the witness stand, and several times he ran ahead of his own attorney in offering information, prompting Justice Tolub to ask at one point, "Has anyone asked a question?"

Yet there was never any doubt that Justice Garson was in control. At one point he even managed to, in effect, put testimony from opposing counsel —— Mr. Kruger —— in the record when he noted, without objection, that Mr. Kruger had nodded in agreement with his testimony about Mr. Kruger's activities.

He also managed through vivid testimony and frequent hand movement to maintain interest in bone-dry testimony about the details of Ms. Gershenoff's finances.

At one point, explaining his lack of records in keeping Ms. Gershenoff's purse "chock-full" of money, he pulled out a handful of bills from his own pocket to explain that everyone needs some unaccountable spending money.

"I read two or three newspapers a day - I don't always like what they say; I'm a chocoholic; people have to have spending money," he said, explaining how he spends his pocket money.

On cross examination, Mr. Kruger exposed another area where Justice Garson acknowledged he had no records.

In attempting to undermine the $163,000 in withdrawals that Mr. Kruger said was undocumented, Justice Garson pointed to three withdrawals, each more than $10,000, which he described as gifts for the benefit of his mother. He said that the gifts from Ms. Gershenoff were put into his bank account, and he spent the money for his mother's benefit because she was Medicaid eligible.

When Mr. Kruger asked if he had records of what he had given his mother, Justice Garson said it would have been awkward to ask his mother for receipts.

Last week, an accountant hired by Justice Garson presented an analysis that contended that Ms. Gershenoff's living needs so exceeded her income as to demonstrate that any undocumented expenditures by Justice Garson must have been used for her benefit.

In fact, according to that analysis, when gifts Justices Michael and Gerald Garson made to their aunt are taken into account, they gave her $8,062 more than necessary to be even, the accountant, Howard Fein, testified.

Garson Aids Da Probe of His Nephew

By Kati Cornell Smith
New York Post
November 8, 2003

Disgraced Judge Gerald Garson has agreed to testify in a new grand jury probe into whether his nephew - another Brooklyn judge - bilked a small fortune from an elderly relative, The Post has learned.

Garson's lawyer Ronald Fischetti told The Post yesterday that he recently assured prosecutors that his client would testify whenever required, saying, "Subpoena him and he will testify truthfully."

Suspended from the bench since his arrest in April,
GERALD GARSON Garsonis awaiting trial on charges that he took bribes
Kin eyed in 200G "theft." in exchange for fixing divorce cases.

His willingness to testify came to light yesterday as Brooklyn DA Charles Hynes, in a breakfast speech at New York Law School, revealed a second special grand jury has been convened in connection with his office's widening investigation into judicial corruption.

Sources said the new grand jury will hear evidence that supreme court Justice Michael Garson skimmed $200,000 from the estate of his 91-year-old aunt, Sarah Gershenoff.

Michael Garson's lawyer Alan Lashley said the allegations are "absolutely not true. There was no criminality."

Garson Cousin Probed

By Alisha Berger and Denise Buffa
New York Post
October 31, 2003

The Brooklyn District Attorney's Office is investigating whether a judge accused of bilking hundreds of thousands of dollars from his elderly aunt altered a document that gave him power of attorney over her finances, The Post has learned.

"Investigators are looking into the possibility that [Judge Michael] Garson might have forged a signature and added some alternate part of the document," one source said.

No criminal charges have been filed against the judge.
His civil lawyer, Barry Elisofon, said he could not
MICHAEL GARSON comment on a criminal matter and Garson could
Did judge scam aunt? not be reached for comment.

Yesterday, Elisofon tried to explain away in Civil Court nearly $200,000 missing from the accounts of the judge's 91-year-old aunt, Sarah Gershenoff, by telling a Manhattan judge she ate her way to financial ruin.

"Sarah ate out breakfast, lunch and dinner," Elisofon said, claiming she'd spend up to $100 a day on meals.

Gershenoff's case came to light after another relative reported the aunt suspected she was being ripped off by Garson and his cousin - Brooklyn Judge Gerald Garson, who has been charged with accepting bribes in an unrelated divorce-rigging scandal.

The relative charged that the aunt's initials had been forged on documents.

In court papers, Gerald Garson has said his aunt had agreed to give him and Michael Garson power of attorney over her affairs once she became forgetful.

Gerald Garson added that he and his wife, Judge Robin Garson - a third Brooklyn judge in the family - would become her "health-care agents."

Gerald Garson said the trio decided to use her money to give themselves presents to continue her "pattern of gift-giving."

All three Garsons denied any wrongdoing but forfeited any right to handle Gershenoff's finances.

Originally, the whistle-blowing relative accused Michael and Gerald Garson of looting their aunt's bank account of $500,000 - but $335,000 was spent on a medical plan for Gershenoff.

Bob Kruger, her court-appointed guardian, indicated that spending so much money on the plan might have been a mark of "stupidity" but not necessarily wrongdoing.

Probe Judge Family Plot

By Nancie L. Katz
Daily News
Friday, July 11th, 2003

The state's judicial watchdog agency is aggressively probing a Brooklyn judge accused of looting his elderly aunt's fortune, the Daily News has learned.

The Commission on Judicial Conduct could recommend the removal of Judge Michael Garson if it concludes he abused his power of attorney over the assets of Sarah Gershenoff, 91.

For more than 50 years, Gershenoff, a former law secretary, carefully built a nearly $1 million fortune for her retirement. She handed control of her assets to nephews Michael and Gerald Garson in 1997. By by the end of last year, barely $10,000 was left, and Michael Garson has yet to explain where the money went.

Now, Gershenoff's court-appointed guardian, Robert Kruger, is begging both judges for help to pay her bills, sources close to the case said.

Brooklyn District Attorney Charles Hynes, who indicted Gerald Garson for allegedly taking favors to fix divorce cases, is probing criminal allegations that Michael Garson looted his aunt's fortune to cover major stock market losses. He subpoenaed Michael Garson's income tax returns dating to 1997, a source said.

The commission is going after Michael Garson for possible ethical violations and abuse of his fiduciary obligations, according to a witness who has appeared before the commission. "They want him gone," said the witness, who requested anonymity.

Kruger declined to discuss the case but acknowledged that commission investigators interviewed him for more than two hours this week. Kruger has been trying to get Michael Garson to account for more than $600,000 he withdrew between 1997 and 2000.

Gerald Garson, and his wife, Judge Robin Garson - who is Gershenoff's personal guardian - also could face commission charges for allegedly failing to report Michael Garson's activities, a source familiar with the case said.

Politics Laid Bare: Success and Scandal in Family of Judges

By Andy Newman
New York Times
July 5, 2003

In southeast Brooklyn past Avenue D and Avenue J, where the roads run out of alphabet on their way to the sea, the Garson name is a familiar one in political circles. Since the 1970's, in and around Sheepshead Bay, a Garson, or the spouse of one, has run for one office or another more than a dozen times: local school board, State Democratic Committee, City Council or State Assembly.

By last year, the Garsons had hit a sort of political trifecta. Gerald P. Garson, a longtime lawyer for the taxi industry and former treasurer for an arm of the Brooklyn Democratic machine; his cousin Michael J. Garson, a former district leader; and Gerald's wife, Robin, a soldier in the party's corps of election lawyers, had scored what for years has been regarded as one of the great patronage plums in city politics: they were judges, holders of $125,000- or $135,000-a-year elected posts that often amount to lifetime appointments.

But the Garson family's story of political success has, in recent months, come to a sudden halt.

Gerald, 70, a State Supreme Court judge, has been indicted on charges that he accepted cash and other gifts as payment for preferential treatment. Michael, also a State Supreme Court judge, is being investigated by prosecutors for draining the bank accounts of a wealthy aunt, according to lawyers and others involved in the case. And investigators with the Brooklyn district attorney's office are looking at Robin's ascension to the Civil Court, those involved in the case said, and are reviewing financial records from her campaign, although no one has accused her of wrongdoing.

For prosecutors and others, the tale of the Garson family —— how three lawyers from the same family came to be prominent city and state judges only to become embroiled in scandal —— says much about the potential pitfalls of a judicial selection system in which political connections are, too often, paramount.

The Garsons have admitted no wrongdoing. All of them, through lawyers or court employees, said they would not comment for this article.

Certainly, many in the city —— from legal experts to prosecutors to government reformers —— say the system for selecting and electing judges has invited trouble for decades. Judges in New York are members of a courthouse world where most of them are Democrats who have done work for the party and who continue to socialize with the politicians who helped them and the lawyers from whose ranks they ascended.

Indeed, in Brooklyn, many veteran lawyers say, relationships are so entangled that dozens of judges and lawyers can hardly walk into a courtroom without confronting a potential conflict of interest.

"It's a very fraternal culture," said Fidel F. Del Valle, a former city taxi commissioner and a friend of Gerald Garson's. "These are guys who are running into each other every day at work, and after work they run into each other at restaurants and functions."

More than 10 years ago, the New York State Commission on Government Integrity concluded that the state's system for choosing judges was so dictated by political favoritism that it failed to even reasonably guarantee that those serving on the bench had the essential qualities of skill, independence and honesty.

Lawyer Family Fits the Mold

If, as prosecutors and other critics of the judicial selection process in New York suggest, political connections count for more than legal accomplishment, the Garsons appear to fit the mold of lawyers who tend to wind up as judges.

Gerald graduated from the University of Pennsylvania's law school, but his work as a lawyer chiefly involved defending taxi drivers and owners in negligence suits. Robin Garson, 49, Gerald's second wife and a graduate of Brooklyn Law School, handled cases involving the elderly and was a member of several county bar committees.

But according to several longtime lawyers in Brooklyn, she was not considered among the borough's elite legal minds.

Michael, 59, meanwhile, ran a neighborhood law office on Avenue U in Sheepshead Bay, handling bankruptcies and car accident cases. He also teaches business law at Kingsborough Community College.

Frances Rusin, who took his course this spring, said he was a popular teacher.

"He would give funny examples that helped us remember the concepts," she said. "For example, if I made a contract to punch you in the face for $100, you couldn't be held to the contract because it is illegal."

Whatever their legal credentials, the Garsons demonstrated an appetite and affinity for politics. Gerald, who years ago worked in the same law office as Howard Golden, was also a member of Mr. Golden's political club. When Mr. Golden, who would serve 24 years as the Brooklyn borough president, became head of the county Democratic organization, he named Gerald as treasurer of the group's political action committee, the Brooklyn Democrats.

Michael Garson served 13 years as a local state committee member, the first step on the elective ladder, and by 1990 was powerful enough to mount a credible challenge against Assemblyman Clarence Norman Jr. for the county Democratic leadership.

Robin was a frequent volunteer lawyer for the party, helping knock the opponents of Democratic regulars off the ballot.

And like all good party loyalists, the Garsons gave to local candidates —— nearly $5,000 over the years, including $2,000 from Gerald and his law firm to Mr. Norman. Mr. Norman ultimately kept Gerald Garson on as a treasurer for the political action committee.

In time, Michael became the first to ascend to the bench. In 1992, Mr. Norman, in what was widely viewed as an attempt to defuse a threat, put him on the ballot for Supreme Court, the highest state court below the appellate level.

Gerald, at age 65, followed in 1997. And in 2002, Robin was put up by the Democratic Party for Civil Court, a level below Supreme Court. Her opponent was knocked off the ballot in July, weeks before the primary.

Deborah Goldberg, a director at the Brennan Center for Justice at New York University School of Law, which has worked for judicial reform, said she found the shared success of the Garsons telling.

"It's conceivable that you would have a highly distinguished family where three people would be selected as nominees," she said, "but this is not a selection system that is calculated to produce the most distinguished jurists."

Prosecutors examining how and why judges get elected to the bench in Brooklyn have focused considerable attention on what the candidates do with the money they raise for their campaigns.

Their interest stems from what law enforcement officials say is a fundamental incongruity: in Brooklyn, once one has gained the Democratic nomination, election is a virtual certainty. The need for a campaign, prosecutors and others have noted, seems curious.

And at least two of the Garsons, in this regard, again appear to have followed standard practice in the borough. Gerald, for instance, did not even begin raising his campaign money until after he had won the all but decisive Democratic primary. Of the $55,000 he collected, he spent only $10,000, mostly on printers and political consultants who, campaign records show, are favorites of the county party.

Robin Garson raised and spent most of her $50,000 in campaign donations after her rival had been knocked off the ballot. As much as $20,000 went to the familiar consultants.

Michael's understanding of how the system worked, moreover, was considered sufficiently thorough that he was a featured panelist in a 1998 city bar association seminar, "How to Become a Judge."

Mr. Norman was the panel's moderator.

Performance Hard to Judge

How the Garsons performed on the bench, as with most judges, is hard to measure definitively. By and large, they seem to have been reasonably well thought of. In an anonymous survey of lawyers published regularly, Michael, who hears lawsuits involving claims of more than $50,000, is praised as "street-smart, prepared and knowledgeable about the law."

Gerald, who heard divorce and child-custody cases, is described as "always well prepared," and armed with "excellent settlement skills."

But Gerald and Michael, during their lives as lawyers and judges, have drawn scrutiny.

In 1998, a lawyer testified to the judicial ethics committee that Justice Michael Garson, in violation of judiciary rules, had asked associates to work on his brother Joel Garson's campaign for State Assembly.

The ethics committee took no official action. And in 2000, Michael withdrew from a case after an article in The New York Post raised questions concerning how he had handled a possible conflict of interest in a major criminal case.

Michael Garson had announced at the start of the trial that he had invited two of the defense lawyers, including the man who ran the party's screening committee for judicial nominees, to his son's bar mitzvah, but that he saw no reason to recuse himself.

And Gerald, who would eventually be indicted on charges that he had taken improper gifts from a lawyer, was censured in 1984, while in private practice, for treating a judge and his wife to a Catskill vacation, falsely registering the judge under the name of one of his law partners, then lying about the matter to investigators.

While on the bench, records show, Michael and Gerald Garson have regularly done what many of their counterparts have done for years: dispensed any number of the appointments and receiverships that are a main source of extra income for many lawyers to a core group who have been major powers within the Brooklyn Democratic Party.

A Stormy Custody Battle

The storm that has now engulfed the Garsons was set in motion last October. A mother in a bitter child-custody battle before Justice Gerald Garson told the district attorney's office that she had been told that her husband had bribed the judge to fix the case. The lawyer Justice Garson had appointed as law guardian for her children, Paul Siminovsky, had a role in the scheme, the woman said.

Within weeks, lawyers involved in the case have said, both the lawyer and Justice Garson admitted wrongdoing.

Fidel Del Valle, Gerald's friend, said that to some extent, Gerald was a victim of his own affability. "He's a gregarious, friendly guy who would probably consider it impolite to turn down a drink or a sandwich," Mr. Del Valle said.

Gerald Garson's subsequent effort to try to tape Democratic Party officials talking about buying and selling judgeships did not work out. But lawyers and others involved in the case said that he had also provided investigators with an account of how his brother Michael had been siphoning money from the accounts of a relative —— their aunt, Sarah Gershenoff.

Ms. Gershenoff, now 92, was a retired executive legal secretary with about $800,000 in the bank, and in 1997, she gave Michael and Gerald power of attorney. Michael was put in control of her checkbooks, court records show.

In 2000, a niece of Ms. Gershenoff's who lived in California began complaining that money was missing from Ms. Gershenoff's accounts and persuaded her to revoke the power of attorney.

Michael, it turns out, had just suffered a financial setback. In 1999, according to his state filings, he had at least $430,000 in his Morgan Stanley Dean Witter brokerage account. But in the coming months he lost at least $117,000 in the crashing stock market.

Gerald told investigators that at an emotional family meeting, Michael broke down and confessed to Gerald and Robin that he had taken $100,000 from his aunt to cover his losses, according to lawyers involved in the case.

On April 23 of this year, Gerald Garson surrendered himself and was charged with receiving a reward for official misconduct, a felony. The next time Michael Garson's business law class met, Frances Rusin said, the professor was uncharacteristically serious. "He wanted to make sure we knew that he was not the one who got arrested," she said. "He told us 'We don't choose our family.' "

Michael Garson has not been charged with any crime. But he is under pressure from his aunt's court-appointed financial guardian to account for more than $500,000 that left Ms. Gershenoff's accounts on his watch, according to court papers. According to lawyers involved in the case, more than $200,000 of the aunt's money has not been satisfactorily accounted for.

As for Gerald Garson, he has hired a prominent criminal defense lawyer, Ronald Fischetti, to defend him, and has vowed to fight the charges.

But however the Garson family's travails wind up, the investigation they helped set in motion continues. Charles J. Hynes, the Brooklyn district attorney, has been taking evidence before a grand jury for weeks, and said recently that he expected the investigation of the election and conduct of judges in the borough to last at least a year.

For the moment, though, the process of electing judges goes on, provoking both criticism and some signs of change.

On Tuesday, a committee of the borough's Democratic district leaders approved a proposal to create an independent panel for screening judicial candidates. Alan Fleishman, a reform-minded Brooklyn district leader, said there was some reason for hope.

"I'm cautiously optimistic about where we're going," he said. "I just think that it's going to need constant monitoring. No matter how the system seems to be changed, insiders always find a way to manipulate the process to their benefit."

Anonymous said...

To everyone -

Can anybody, pls post who will be running for a judge seat or whatever?

Let's connect the dots who belongs to whom and who are the puppets and who are the masters???


From Catherine Wilson ...

(By the way, Judge Will Sherwood is up for reeelection this year - he's the judge who ordered me to finance my ex's loan for his adultery expenses - this blog should keep track of who is up for reelection so we can all vote accordingly).

Jonathan said...

Can you heard the Feds marching in?

God bless America and really make it the land of the free

bringmykidshome said...

By Oliver Mackson
Times Herald-Record
February 28, 2007
Goshen — A state Supreme Court justice who hears cases in Orange County could find himself on the wrong side of the bench if he's held in contempt over his divorce case.

Judge Lawrence Horowitz is representing himself in a contempt-of-court motion filed by his ex-wife, Alexis Furer. Their divorce was finalized in June, but Horowitz was accused earlier this month of failing to make repairs to their house in Westchester County and to list it for sale.

Justice Arthur Diamond hasn't set a date for a hearing to decide whether Horowitz should be held in contempt. A court clerk said that Diamond will first review written arguments that will be submitted by Horowitz and a lawyer for his ex-wife.

Horowitz declined to discuss the dispute, citing state regulations that gag sitting judges from talking about pending cases — "including my own case," he said.

If Horowitz is cited for contempt, it could trigger an investigation by the state Commission on Judicial Conduct, which enforces state rules governing the conduct of judges. The commission's head honcho, Robert Tembeckjian, said he couldn't recall a case of a sitting judge being found in contempt.

The commission receives and hears complaints in secret, and Tembeckjian declined to say if it's received any complaints about Horowitz. But generally speaking, he said, "if a judge is held in contempt for any reason, it would certainly be something that we would have to look into, because, on its face, it would tend to undermine the public's confidence in the judiciary."

Horowitz was elected to a 14-year term on the state Supreme Court in 2003 and assigned to Orange County in 2004 because of a shortage of judges. The job pays $136,700 a year.

Supreme Court is where divorces and other civil cases are decided.

bringmykidshome said...

Lawsuit against Wallkill Town Justice Shoemaker dismissed

Oliver Mackson
Times Herald-Record
January 31, 2007
Goshen — Wallkill Town Justice Ray Shoemaker may have been wrong to dismiss 60 traffic tickets last fall, but a higher judge ruled yesterday that suing Shoemaker isn't the way to decide.

Acting state Supreme Court Justice Nicholas DeRosa tossed out a suit filed by Orange County District Attorney Frank Phillips, who said last year that he wanted to send a warning to other local judges not to follow Shoemaker's example.

DeRosa said that an appeals court could decide if the judge was wrong to dismiss the tickets issued by state police. Many of the tickets are already being appealed to the Appellate Term of state Supreme Court, an appeals panel that sits in New York.

Shoemaker's lawyer, Gary Greenwald, scorched Phillips for filing the lawsuit. He called it a form of bullying by the district attorney's office, and predicted that "if they seek to appeal this, they will lose." He added that the lawsuit was "as necessary as cancer."

"I'm unfamiliar with those legal terms," responded Executive Assistant District Attorney David R. Huey, responding to the "necessary as cancer" remark. "The court's decision is certainly not an endorsement of Judge Shoemaker's actions, and in fact, the court cited cases that indicated, by implication, that the decision was wrong."

Shoemaker dismissed the tickets on Sept. 8, the first time a new state police policy was tested in his courtroom. The policy bans troopers from plea-bargaining traffic tickets. At the time, Shoemaker contended that the policy reduced troopers from prosecutors to witnesses.

But in the appeal, Shoemaker said that the tickets were dismissed because troopers didn't respond when he asked if they'd be prosecuting them that day. Since then, Wallkill, like other towns, has hired a lawyer, who can offer plea bargains, to prosecute traffic tickets.

Anonymous said...

esther yang is a con artist and a fraud ( i bet you wont post this) there is a reason she lsot custody of her daugther, her ex was a much better parent. esther is a deadbeat who owes her ex in ecxessof 20,000 inj child support. we willnot rest untils he is in jail and she will go to jail....its just a matter of time...so get ready you freaks

Jonathan said...

Anonymous you are probably one of the many pedophiles, child abuser, wife beater who got custody of your child through a corrupted Judge, attorney and a law guardian in New York State. Don’t worry your schemes and corruption will come to an end very soon. Take the example of Judge Garson, once the truth comes out there is no place to hide.

I only feel pity for people like you, see I am a real man, who will never lay a hand on a women or a child. Your message on this blog only reassures us that you and the other ones like you are running scare and you and the rests of the abuser should be very scare. We are way ahead of you and the Criminal Code of Corruption in New York State is about to be broken. Let God have mercy on you as God is and will continue giving us justice and he will take care of the vengeance. Please feel free to post your fears on this blog, it brings joy to us to know that you know we are here and will expose any and all criminals acting as court officials.

First you laughed at us, then you ignore us, then we win.

no more ms. nice mom said...

To Anonymous:

Is good to know the blog is out there and reaching the right people. We are the ones who won't stop as we know your secrets and much more. It takes a woman to give birth to a man but a man will never give birth to women.

It shows our power to defend, protect our children and stay with our heads above water. Not like you who wrote in this blog to let us know how you are drowning while brushing your teeth. When you become a man, then you will know how to be a father and then you will be a human being created by God and not mold by evil. Like Jonathan a real man said, You first laughed at us, you then ignored us, then we win.

This is the day the Lord has created to bring joy and victory to our lives.

Concerned Citizens of New York said...

To anonymous: We (Civil Rights Activists, Humanitarians and other Court Observers) are more than happy to post your comments however, be aware that you are only exposing yourself. Various Court Watchers who were in the court room have reported their suspicions of fraud (State and Federal) in connection with this case but not with Ms. Yang's actions. We not only find various decisions meted out with turpitude that beg to be appealed, but additionally, various parties involved who need to be thoroughly investigated.

Anonymous said...

Hello to all can somebody post everyday about what happens everyday in court about the case of the no so Honorable Judge Garson's case caught been a criminal while he was supposed to protect, respect and to upheld the the law and rights of every litigant.

Anonymous said...

I wish I can tell you all who I am but I can't at this time since I am in the middle of a custody battle right now. I am living a horror story and at once I thought I was alone and now I know I am not. unfortunately it does not give me any form of relief but only more fright not only for me but above all my children. My husband suffers from a mental illness and even though the court appointed forensic specialist thought the children should be with me, the law guardian disagreed and since one of the children preferred to live with the father she stated to the judge she believed both children should live with the father and should not be separated. I do not suffer from a mental illness and in fact the court appointed therapist felt that I suffered from trauma do to the emotional abuse by my husband and the oldest child was starting to show signs of hatred towards women due to the fathers abuse towards me. Did not matter obviously because they are now with their father. I have not seen my children in over 3 years due to parent child alienation, father has violated just about every court order and I have done absolutely everything in accordance to the court order but yet no lawyer wants to take my case since I can't afford them. When the children are alone they call me and cry, they tell me how much they miss me and how daddy talks so badly about me. I tape my conversations with them and tape my conversations with their father but the lawyers I have spoken to said their not admissable in court. Is this true? I wish I can go on and tell you everything but my heart is so broken that I can't! Thanks for listening!

Anonymous said...

To Anonymous:

The reason why we have this blog is to help one another. Please don't be afraid and do not lose hope. When the truth comes out there is really no place to hide for these criminals.

Where do you live?

In the State of New York as long as one of the adult in the conversation knows that the conversation is been taped is legal.

Continue taping the conversation with your children any ethical attorney can argue to have these tape conversations admissible in court in the attempt to further justice.

Who’s the Law Guardian and the Judge? You never know maybe somebody else in here knows who they are, the power is in numbers and only working together we can get our children back.

Please take care and pray that God is on our side.

Bringmykidshome said...

To all good news from the State of Florida. Another corrupted Judge but this time in the State of Florida stands on the other side of the bench. This is a judge who is been destroying families for many years in the State of Florida now his turn. He was caught smoking pot but open the door to his long criminal career in a courtroom deciding custody and much more. People are rejoicing as this judge is going to be expose finally. God bless and bring joy to all the mothers, fathers, families and above all the children that this monster destroyed.

HOLLYWOOD, Fla. - A Broward County judge who was part of the Anna Nicole Smith proceedings was Discovered Smoking Pot in a Hollywood park Sunday and will have to appear in court for his actions, according to police.

Judge Lawrence KORDA was in Stanley Goldman Park, near Hollywood Blvd Sunday around 2pm
police said. When police patrolling the park smelled marijuana, they followed the scent and found KORDA seated on a bench, police said.

KORDA, 59, was "not arrested" but was issued a notice to appear in court and faces a charge for marijuana possession, according to police.

KORDA currently is a judge in Broward County family court.

KORDA made national news during the Smith case in South Florida when he was assigned to hear pleas from lawyers for Larry Birkhead, an ex-boyfriend of Smith who claims to be the biological father of Smith's baby, Dannielynn. Korda dismissed the paternity action

Thomas said...

Write to your elected officials - Make Parental alienation illegal.
City, State (google and type in your zip code) and Federal (NY Clinton and Schumer)

News Group: Newsweek
Posted at: MSNBC
Written by: Sarah Childress
Date: September 25, 2006
Content Type: Article

Fighting Over the Kids
Battered spouses take aim at a controversial custody strategy.

Alessandra Sanguinetti for Newsweek

Losing Battle: A judge denied Shockome custody of her kids

It took six years for Genia Shockome to gather the courage to leave her husband, Tim. He pushed her, kicked her and insulted her almost from the moment they married in 1994, she says. She tried to start over with their children when the family moved from Texas to Poughkeepsie, N.Y. It didn't last long. Tim called her constantly at work and, after they split up, pounded on her door and screamed obscenities, she alleged in a complaint filed in 2001. Tim was charged with harassment. As part of a plea deal, Tim agreed to a stay-away order—but denies ever abusing her or the children. In custody hearings over the past six years, Tim has insisted that he's been a good father, and argued that Genia's allegations poisoned their children against him. The judge sided with Tim. This summer he was granted full custody of the kids, now 11 and 9. Genia was barred from contacting them.

Genia is one of many parents nationwide who have lost custody due to a controversial concept known as parental alienation. Under the theory, children fear or reject one parent because they have been corrupted or coached to lie by the other. Parental alienation is now the leading defense for parents accused of abuse in custody cases, according to domestic-violence advocates. And it's working. The few current studies done on the subject consider only small samples. But according to one 2004 survey in Massachusetts by Harvard's Jay Silverman, 54 percent of custody cases involving documented spousal abuse were decided in favor of the alleged batterers. Parental alienation was used as an argument in nearly every case.

This year the National Council of Juvenile and Family Court Judges denounced the theory as "junk science," and at least four states have passed legislation to curtail its use in custody cases involving allegations of domestic violence. "It's really been a cancer in the family courts," says Richard Ducote, an attorney in Pittsburgh who has represented abuse victims in custody cases for 22 years. "It's made it really difficult for parents to protect their kids. If you ask for protection, you're deemed a vindictive, alienating parent."

It may seem hard to fathom how a judge could award custody to a parent accused of abuse. But battered spouses often don't file criminal charges—so no judicial finding is made against their mates—and family-court judges typically aren't trained to referee the complexities of abusive relationships. (Although men are sometimes battered by their wives, women are the victims in the majority of abuse cases.) Judges often throw out documented evidence of spousal abuse, arguing that it is irrelevant in a custody case. And experts say that family-court judges often look favorably on the alleged abuser because he seems more willing to share custody than the accuser—who is hellbent on keeping the father away from the child. According to a survey by Geraldine Stahly, a psychology professor at California State University at San Bernardino, attorneys will caution battered spouses against reporting abuse in court so they don't lose their children. (Stahly and other academics say the parental-alienation argument has more legitimacy in custody disputes that don't involve charges of abuse.)

Parental-alienation syndrome was first introduced by child psychiatrist Richard Gardner in the 1980s. Fathers-rights groups picked up on the idea and began trying it out in court. These groups condemn abusers. But Dan Hogan, executive director of Fathers & Families, a nonprofit group that advocates for joint custody, argues that all too often the accusers lie in order to win custody of their kids.

There's a small but growing movement to ban parental alienation in custody cases, sparked by embattled parents bonding online. They've linked with lawyers and advocates for battered spouses across the country. At least four states, including California, have laws protecting parents who make good-faith abuse allegations. Others may soon follow their lead. Greg Jacob, an attorney who takes cases for abused parents pro bono, is drafting legislation to shop to Virginia and Maryland next month. Meanwhile, parents like Genia keep fighting. "It's so hard, having my children lost," she says, her voice breaking. "This was my life—my children."

linda said...


Mon - Thurs 9:30 - 5 PM
320 Jay Street - The new Supreme Court/next to the Family court
2nd floor - Ceremonial Court Room

Presiding Judge Berry (from Goshen - Orange County)

4, 5 , 2, or 3 train to Borough Hall - Brooklyn

Everyone should write to all the reporters who are covering this trial and letters to their editors and publishers. The more readers write - the more the press will cover these kinds of stories.

Facing 31 years.March 19, 2007 -- "The green makes him love you."

More than four years ago, a shady businessman uttered those words to Frieda Hanimov, confirming in her mind her fears that the Brooklyn judge hearing her divorce case had been bought.

So Hanimov, then pregnant with her fourth child, strapped a wire to her bulging belly and went undercover to help nail then-Supreme Court Justice Gerald Garson in one of the borough's most infamous cases of alleged judicial misconduct.

Today, after years of delays and setbacks, jurors will finally begin to hear how the judge allegedly pocketed "the green" - more than $4,000 - as well as a box of high-end cigars in return for referrals, favors, advice and guardianship assignments for a shady lawyer, Paul Siminovsky.

Siminovsky is expected to be the key witness against Garson, guiding jurors through hours of tape, culled from 47 separate body-wire recordings.

Garson, now 74, faces up to 31 years in prison if convicted on the one count of bribe receiving, six counts of receiving a reward for official misconduct and several associated misdemeanors.



Trial Opens for a Former Brooklyn Judge Accused of Accepting Bribes to Fix Cases
Published: March 20, 2007
In the four years since Justice Gerald P. Garson was charged with taking payoffs from a lawyer in his Brooklyn chambers, a turbulent chapter of legal and political history has unfolded, with more characters than a Robert Altman movie.
Six people have been convicted of or pleaded guilty to crimes linked to Mr. Garson, who was suspended from State Supreme Court in 2003 and has since retired. The longtime head of the Brooklyn Democratic Party, who helped place Mr. Garson on the bench, faces prison time for extortion. Divorce cases that Mr. Garson presided over were reopened. The very method by which Supreme Court judges are nominated in New York was declared unconstitutional.
But Mr. Garson himself had yet to face a jury until yesterday, when his trial, delayed by an appeal of a pretrial ruling, got under way in the courthouse where he used to sit.
Mr. Garson was charged with receiving bribes and accepting rewards for official misconduct and faces a maximum sentence of 31 years if convicted of all the charges, though at age 74 and after undergoing treatment for cancer in recent months, he seems an unlikely candidate for a long prison term.
In his opening statement yesterday, Joseph Alexis, an assistant district attorney, promised the jury a tale of raw injustice, with Justice Garson accepting cash and dozens of free meals from a divorce lawyer, then colluding with the lawyer to deprive unwitting mothers of custody of their children and property.
“You’re going to hear Mr. Garson say, ‘In the end, she gets nothing,’ ” Mr. Alexis said.
Mr. Garson’s lawyer, Michael S. Washor, told the jurors that while the judge violated judicial-conduct codes and “acted stupidly” by accepting the largess of the divorce lawyer, Paul Siminovsky, nothing he did was a crime. “There was conspicuously absent any criminal intent or motivation of gain, any criminal thoughts,” Mr. Washor said.
As the two sides laid out their arguments, Mr. Garson, dapper and relatively healthy-looking, his hair a few shades less gray than it was when he was arrested, sat passively at the defense table. Behind him, the courtroom was half-filled with women — matrimonial litigants and officials of advocacy groups — looking to see him held accountable.
Not present in the courtroom but looming over the proceedings was the Brooklyn district attorney, Charles J. Hynes, who has spent four years chasing Justice Garson’s allegations, made when he was first questioned by investigators in 2003, that judges in Brooklyn had bought their nominations for as much as $50,000. Mr. Hynes’s exhaustive investigation has turned up tantalizing leads but, so far, no charges of judgeship selling.
Justice Garson’s case grew from his friendship with Mr. Siminovsky, which Mr. Siminovsky has testified goes back to at least 2001. A judge hearing a case is forbidden, under judicial-conduct rules, to have contact with a lawyer for one side without the permission of the other side, but prosecutors have said that Mr. Siminovsky took Justice Garson out for meals or drinks 130 times, often while he had a case before him.
In addition to coaching Mr. Siminovsky on how to argue cases before him, Mr. Siminovsky has said, Justice Garson routinely awarded him lucrative guardianships.
Their relationship came under scrutiny in 2002, after a woman who feared losing a pending divorce case contacted Nissim Elmann, an electronics salesman known as a “fixer” who reputedly arranged bribes in divorce and child custody cases for Orthodox Jews in the borough. Mr. Elmann told the litigant that she was too late because her husband, a client of Mr. Siminovsky’s, had already paid a bribe to Justice Garson, prosecutors said.
The woman contacted the district attorney’s office. Investigators confronted Mr. Siminovsky, who quickly cooperated. A camera was installed in the judge’s chambers. It captured him telling Mr. Siminovsky that he would award one of Mr. Siminovsky’s clients the house he and his wife lived in, even though the man did not deserve it. Other tapes show Justice Garson accepting $1,000 in cash and a $250 box of cigars from Mr. Siminovsky — gifts that Mr. Washor pointed out had been provided by prosecutors.
Over the next two years, Mr. Elmann pleaded guilty to bribery and conspiracy; three other people admitted giving Mr. Elmann money to funnel to Justice Garson; and a court officer was convicted of taking bribes to steer Mr. Siminovsky’s cases to Justice Garson. Mr. Siminovsky pleaded guilty to a misdemeanor.
Justice Garson’s claims about the sale of judgeships, meanwhile, led Mr. Hynes to focus on the head of the Brooklyn Democratic Party, Clarence Norman Jr., who decided nearly single-handedly who got the party’s nomination. Mr. Norman, who is also a former state assemblyman, has been convicted three times, most recently in February, for extorting money for the party from judicial candidates.
Mr. Garson’s case was delayed when a judge dismissed charges of receiving a reward for misconduct, prompting an appeal by prosecutors that led to the charges being reinstated last year.


B'klyn judge's bribery trial kicks off

Tuesday, March 20th 2007, 4:00 AM

Gerald Garson

The ex-wives club whose members say they were betrayed by a disgraced Brooklyn divorce judge finally got some revenge yesterday when he went on trial on charges that he took bribes to fix cases.
"I want the judge to sit in jail for every year that I don't see my sons," said Sigal Levi, who is expected to testify how suspended Supreme Court Justice Gerald Garson gave her two eldest sons to her ex-husband, who later pleaded guilty to paying a $10,000 bribe to a middleman to get them.
"The judge should be ashamed and be punished," Levi said. "I will look him straight in the eye. He changed my life forever. People get divorced every day. I divorced my children unwillingly."
Like other alleged victims who may testify, Levi wasn't allowed in court as prosecutors opened their case against Garson.
Garson is charged with accepting thousands of dollars in meals, drinks, cigars and cash from lawyer Paul Simonovsky in exchange for giving him lucrative guardianship assignments and fixing divorce cases.
"The more drinks, the more food [Simonovsky provided], the more access he had to the judge," prosecutor Joseph Alexis told jurors yesterday. "He used that access to devastating effect."
Garson, who clasped his hands during the prosecutor's opening statement, has prostate cancer, but he looked tanned and trim in a dark suit.
Alexis described how divorcée Frieda Hanimov came to District Attorney Charles Hynes' office in late 2002, afraid Garson would take away her children in exchange for a bribe. Her story kicked off a seven-month probe, ending in Garson's March 2003 arrest, which sparked a wide-ranging judicial corruption investigation.
Six others also were charged in the scheme, and all but a clerk were found guilty or took deals and await sentencing.
Simonovsky made a deal to testify against Garson in exchange for no jail.
Defense attorney Michael Washor accused Hynes of "making a deal" with the lawyer "snake" to set up the judge.
"What did they find out from Simonovsky? That he never paid him a bribe, never had him fix a case! This case started with an absolute lie!" he said.
Outside court, about a dozen women, led by National Organization for Women state President Marcia Pappas, chanted and waved signs reading "Justice for Sale!"
"Every single day, mothers across the country are losing their children to corrupt judges and law guardians!" said Pappas.
In Garson Trial, Prosecutors Paint Picture of a Corrupt Courtroom
BY JOSEPH GOLDSTEIN - Staff Reporter of the Sun
March 20, 2007

As the trial of a former Brooklyn judge whose courtroom was awash in bribes began yesterday, prosecutors described a corrupt relationship between the jurist and a veteran attorney who regularly appeared before him.
For the Brooklyn district attorney, Charles Hynes, the trial of the former judge, Gerald Garson, is a watershed in Mr. Hynes's investigation into the Brooklyn judiciary. The investigation, which involves allegations that judgeships in Brooklyn could be bought by the highest bidder, began in earnest four years ago with the arrest of Judge Garson on bribery charges. At that time, according to news reports, Judge Garson pledged his services to aid prosecutors in proving that judgeships were in fact sold. More than four years later, Mr. Hynes has yet to bring forward any charges alleging that is the case, although prosecutors say the investigation continues.
In state Supreme Court in Brooklyn yesterday, no traces were on display of those reported days of cooperation between Judge Garson and prosecutors. Prosecutors accused Judge Garson of deciding cases while he was a judge in matrimonial court not according to the law or the facts, but according to the wishes of an attorney who was his dinner partner.
"He ran that courtroom and he ran it corruptly," an assistant district attorney, Joseph Alexis, said to jurors of Judge Garson. "And he ran it by whim."
The lawyer who allegedly held a great deal of influence over Judge Garson, Paul Siminovsky, spent more than $12,000 taking the judge out to restaurants and bars between 2000 and 2003, Mr. Alexis said.
A portion of the prosecution's evidence comes from a video camera installed by investigators in Judge Garson's robing room. Prosecutors have already played some of that footage — including video of Mr. Siminovsky handing the judge $1,000 in $100 bills — in an earlier trial involving allegations that a court officer and law clerk steered cases toward Judge Garson.
In other proceedings, prosecutors have proved that litigants who appeared before Judge Garson paid bribes in an attempt to influence their cases, but it is not yet established whether Judge Garson was aware of these illegal payments.
The defense attorney, Michael Washor, argued that widespread rumors among litigants in divorce proceedings that Judge Garson could be bought were traceable to Mr. Siminovsky. The lawyer, Mr. Washor said, "was wheeling and dealing and committing fraud on his own clients."
Judge Garson was above involvement in such criminal activity, Mr. Washor said.
"They ate and they drank and they were friends," Mr. Washor, said of the relationship between the lawyer and Judge Garson. "Siminovsky knew Gerry would eat and drink with anybody, but when he put on his robe and got on the bench he was a judge who would" give justice equally.
Still, Mr. Washor conceded that Judge Garson did not "act in the way you would expect a judge to act."
The fine line separating criminal acts from lesser, inappropriate judicial conduct will be closely scrutinized throughout the case. Indeed, two courts had dismissed the bulk of the charges against Judge Garson on the grounds that the alleged misdeeds were suited to review by a judicial disciplinary body, not criminal court. The state's highest court reinstated the charges.
March 20, 2007 Edition > Section: New York >

Bribery Trial of Ex-Judge Gets Under Way in Brooklyn

Daniel Wise


Assistant District Attorney Joseph Alexis came as close as he could, without actually saying it, in his opening statement yesterday that former Brooklyn Justice Gerald P. Garson sold justice.

Mr. Garson's attorney, Michael S. Washor shot back that the prosecution's case had "begun with a lie and ended with a grade B movie."

Mr. Alexis put a malevolent face on the now familiar prosecution charge that Mr. Garson had provided ex parte advice, court assignments and privileges to attorney Paul Siminovsky in exchange for thousands of dollars of free meals, drinks and in one instance a $250 box of Dominican cigars.

Mr. Siminovsky is cooperating with prosecutors. In a videotape of an ex parte session between the lawyer and the judge, Mr. Alexis said, jurors will see Mr. Garson assuring Mr. Simivonsky that either way his client "will win."

Avraham Levy was Mr. Siminovsky's client in that divorce case before the judge.

Referring to Mr. Levy's wife, Sigal Levy, Mr. Alexis said that she "never had a shot - never got to try her case before a fair, impartial" trier of fact, Mr. Alexis said. Ms. Levy will testify in the trial, which is expected to last one month.

Mr. Alexis told the jury that both the judge and Mr. Siminovsky recognized that of the two, Mr. Levy was the "most despicable and least deserving" to win his case.

Mr. Washor countered that the case had begun in the "lie" that Mr. Garson was taking bribes to fix cases. Frieda Hanimov, a litigant who first brought Mr. Garson to the attention of prosecutors, helped perpetuate that lie by telling of a three-way phone call she participated in with the judge. No telephone records of that conversation exist, Mr. Washor said.

Ms. Hanimov went to the Brooklyn District Attorney's Office, he said, because she faced criminal charges that she had abused her child and her "reward" was that the charges against her were resolved with an adjournment in contemplation of dismissal.

When Mr. Siminovsky testifies, he will tell the jury that he "never paid the man a bribe - never had him fix a case," Mr. Washor said.

That is why investigators went into "the movie business," he said. "They gave Mr. Siminovsky all the props - the money, the cigars - needed to provide the evidence they never had."

Mr. Washor was referring to two videotapes filmed in Mr. Garson's robing room after Mr. Siminovsky began cooperating with prosecutors. In one tape, filmed March 4, 2003, Mr. Siminovsky is shown handing Mr. Garson a box of Romeo y Julieta cigars to say thanks for the help in the Levy case. In the other tape on March 10, Mr. Siminovsky is shown handing Mr. Garson $1,000 as a fee for having referred two cases.

The earlier session in which Mr. Garson assured Mr. Siminovky that his client would win was filmed before the lawyer began cooperating. He was apprehended on Feb. 25, 2003.

Mr. Washor signaled that both Ms. Hanimov and Mr. Siminovsky, whom he called "snakes of society" are in for harsh cross examinations. Mr. Siminovsky had "sold a judge" as part of a scheme "to commit fraud on his own clients," he said.

Mr. Washor referred to Mr. Siminovsky's testimony in an earlier trial in attacking a different strand of the bribery count - his alleged receipt of law guardian appointments.

The defense attorney focused on Mr. Siminovsky's testimony that he "paid for a lot of drinks and lunches in the hope of getting more appointments."

"Hope" is not enough to prove "a tacit or implicit agreement," Mr. Washor said, which is an essential element of bribery.

Bribery Counts

If convicted of the top count, third-degree bribery, Mr. Garson faces a maximum sentence of 2 1/3 to 7 years in prison. He is also accused of six counts of receiving rewards for official misconduct, each of which carries a maximum potential sentence of 1 1/3 to 4 years in prison.

Five of the official-misconduct counts allege that Mr. Garson abused his judicial position to obtain referrals for Mr. Siminovsky. The sixth deals with the ex parte advice the judge allegedly gave Mr. Siminovsky in the Levy case.

Mr. Alexis and Mr. Washor differed sharply over what the 11 men and one women on the jury should take away from the videotape that showed Mr. Siminovsky handing $1,000 to Mr. Garson as a referral fee.

Mr. Garson never said anything about giving the money back, Mr. Alexis said, but instead suggested that Mr. Siminovsky write a check to help cover the debts that his wife, Robin Garson, had sustained in her successful campaign for a Civil Court judgeship in 2002.

After Mr. Siminovsky assured the judge that he had "nothing to worry about" and that he "could have both," Mr. Alexis said, Mr. Garson "did not try to give the money back."

With respect to same encounter, Mr. Washor, describing Mr. Siminovsky as "a fat slob" said he tried to push the $1,000 "deeper" into Mr. Garson's pocket.

He also stressed that after first accepting the money, the judge summoned Mr. Siminovsky back to the robing room and sought to return it.

The next day, the day before Mr. Garson was arrested on March 12, 2003, Mr. Garson tried to phone Mr. Siminovsky 15 times, but never got through to him, the defense attorney said. Also, at the time of his arrest, he had the 10-$100 bills that Mr. Siminovsky had given him in an envelope separate from the cash he was carrying.

Those facts, he said, exhibited a lack of criminal intent.

- Daniel Wise can be reached at

Anonymous said...

My case is in Orange County, Goshen New York. In a county that Justice is also for sale,and I have the evidence to prove the corruption. It is time to put a stop to this and demand that Judge Kaye get involve and stop looking the other way.

no more ms. nice mom said...

I am writing my letter to Judge Kaye again and demand she gets involve. Jusge Kaye is over due to do her job and stop Courtroom corruption.

I bet Stevie Wonder would see the corruption, if he was in New York and he is blind. Judge Kaye what is your excuse?

no more ms. nice mom said...

This is the year that every mother in New York State is going to be celebrating the stop of courtroom corruption. Our children will be save and I am not stoping until every single corrupted Judge in New York State is off the bench and every single corrupted attorner, law guardian, forensic mickey mouse Psychiatrist, evaluator, CPS worker, school officials, law clerk, mail room guy, courthouse toilet cleaner is out of there. Let make our voices be heard loud and clear and get our children back.

LInda said...

Anonymous said...
My case is in Orange County, Goshen New York. In a county that Justice is also for sale,and I have the evidence to prove the corruption. It is time to put a stop to this and demand that Judge Kaye get involve and stop looking the other way.

March 20, 2007 9:20 PM

Please contact the

FBI before # 212 384 1000
or newyork@fbi.gov

Linda said...

Disgraced Suspended Indicted Judge Gerald Garson's Trial - 2nd day:

Please write to the reporters or to their editors.
Please spread the word. Trial will be until April, please be court watchers. 2,3, 4, 5 train to Burough Hall - Brooklyn. 320 Jay Street - 2nd Floor Ceremonial Court room

March 20, 2007 -- Let's go to the videotape.
Brooklyn prosecutors opened their bribery case against disgraced former judge Gerald Garson yesterday, promising hours of wiretaps and surveillance videos of corrupt wheeling and dealing inside the judge's own chambers.
"What you'll see and what you'll hear that went on in that robing room will shock you," promised Assistant District Attorney Joseph Alexis, who delivered the opening statement.
Alexis gave jurors a brief preview of the robing-room videos, describing how crooked lawyer Paul Siminovsky is seen giving the judge a box of Romeo y Julieta cigars and $1,000 in cash.
The payment, one of six such backroom deals, was for advice Garson offered the lawyer about the ongoing divorce case of Avraham and Sigal Levy, prosecutors said. The outcome in that case, Alexis suggested, was as scripted as a Hollywood action blockbuster.
"They decided that Avraham Levy was going to win anyway," said Alexis. "Why was he going to win? Because Paul Siminovsky was his lawyer. Sigal Levy never had a shot."
Prosecutors first began looking into Garson in the fall of 2002, after Brooklyn mom Frieda Hanimov reported her fears that her ex-husband had bribed the judge, who was then hearing her custody case.
Yesterday, Garson's lawyer, Michael Washor, pointed out that investigators never turned up evidence that the judge was ever bought by a litigant.
Garson faces up to 31 years on charges of accepting a bribe and receiving rewards for official misconduct.
Damning tape played at judge bribery trial
Jury hears Garson taking 1G in deal with att'y
Wednesday, March 21st 2007, 4:00 AM

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Chomping on nuts in his robing room with his favorite crooked lawyer, Supreme Court Justice Gerald Garson was caught on tape casually stuffing $1,000 from his pal into his pocket.
"I really appreciate it," Garson told the attorney, Paul Siminovsky, who turned state witness on Feb. 25, 2003, after being secretly taped for months in shady dealings.
Five surveillance tapes made from November 2002 to March, 10, 2003, were played for a Brooklyn jury yesterday at Garson's bribery trial.
The panel also saw the suspended divorce judge take a box of cigars from Siminovsky in a sting staged by prosecutors.
The tapes show the lawyer regularly visiting Garson in his robing room, where the judge dispensed profanity-laced private advice on how Siminovsky could win cases in his court.
Some of the most disturbing video caught Garson reassuring his pal how he would rule in his favor in a divorce case he was presiding over. Siminovsky was representing the husband, Avraham Levi, who later pleaded guilty to paying a middleman $10,000 to win custody of the couple's two older sons.
"I'll award him exclusive use of the house. She's f-----," Garson told Siminovsky midtrial on a Feb. 5, 2003, tape. "The big thing is your guy is gonna have a win. She's gonna get s---. Just calm down.
"You're in good shape ... You're a winner either way," he reassured Siminovsky. "And your schmuck doesn't deserve it."
The wife, Sigal Levi, is expected to testify against Garson.
Garson could face up to seven years behind bars if convicted of accepting cash, cigars, dinners and drinks from Siminovsky in exchange for awarding lucrative appointments and fixing cases. The lawyer got no jail time in exchange for pleading guilty to a misdemeanor and cooperating with prosecutors.
NY Law Journal
Jury Sees Tapes of Garson Accepting Cigars, Cash

Prosecutors yesterday introduced into evidence three key videotapes in the bribery trial of former Brooklyn Justice Gerald P. Garson. The three tapes - all secretly recorded in the ex-judge's robing room - captured the judge giving ex parte advice, accepting a $250 box of Dominican cigars and receiving $1,000 in referral fees from Paul Simonovsky, a lawyer who frequently appeared before him. Mr. Siminovsky, to whom Mr. Garson gave 22 law guardian appointments, began cooperating with prosecutors after he was arrested on Feb. 25, 2003, and is expected to testify next week. In the first of the tapes, which was recorded before Mr. Siminovsky began cooperating, Mr. Garson is shown telling the lawyer that "you're a winner either way. And your [client] doesn't deserve it" as he gives ex parte advice about how to handle a trial date scheduled for the next day. During the encounter, Mr. Garson, who heard matrimonial cases, discussed subpoenaing an expert, suggesting how Mr. Siminovsky should question the expert and discussed the date the judge should order his client's wife to leave their home. The two other tapes were recorded after Mr. Siminovsky began cooperating on March 4 and 10, 2003. The March 4 tape shows Mr. Siminovsky placing a box of Romeo y Julieta cigars in Mr. Garson's desk drawer as he tells the judge "you know, you gave me little pointers. Now you have to tell me what to write in the memo and then we'll be OK." In the third tape, Mr. Siminovsky is seen passing $1,000 to the judge as a fee for having referred two cases. It also shows Mr. Garson summoning Mr. Siminovsky back to his robing room, and attempting to return the money, but also suggesting that the lawyer instead write a check to cover campaign debts of the judge's wife, Robin Garson, who had been elected to the Civil Court in 2002. After Mr. Siminovsky suggests he could do both, Mr. Garson kept the money. Judge Robin Garson and several other family members were in court again yesterday, the second day of the trial, to support Mr. Garson. - Daniel Wise


Tape: Garson Refers to Litigants as ‘Schmucks'

Special to the Sun
March 21, 2007

Jurors in the felony bribery trial of a former state Supreme Court judge yesterday watched surveillance videos showing Gerald Garson accepting cash and cigars from a divorce attorney who frequently appeared before him.

Another excerpt showed the judge in his robing room in Brooklyn courthouse secretly ridiculing litigants as "schmucks," "hustlers," "crazy and stupid" — and at one point joking that children would be better off if a father seeking custody would die.

Later in the tape, Judge Garson promised to rule in favor of a father even while acknowledging that the mother should win.

"The big thing is, your guy is going to have a win," Judge Garson secretly told a lawyer, Paul Siminovsky, who represented the husband in a divorce case. "She's going to get s—-."

The excerpts were played in the latest corruption trial being pursued by the Charles Hynes. If convicted, Judge Garson could face a prison sentence of more than 30 years.

Prosecutors are trying to convince a jury of 11 men and one woman that Judge Garson, 74, took cash and free meals and beverages in exchange for ruling in favor of clients represented by his friends. Judicial conduct rules prohibit judges from communicating with attorneys with pending business without the permission of the opposing side.

According to prosecutors, Judge Garson accepted more than 100 free meals and drinks from Mr. Siminovsky, who cooperated with prosecutors after his own arrest. He wore a wire to ensnare his dining partner, and later pleaded guilty to a misdemeanor.

Since the arrest of Judge Garson, Mr. Hynes has been trying to unearth systemic corruption on the Brooklyn bench. His investigation has led to a half dozen convictions, including several of the former Brooklyn party boss, Clarence Norman. Still, Mr. Hynes has so far been unable to directly prove that judgeships were bought and sold in Brooklyn.

Judge Garson's defense attorneys said their client may have acted improperly by socializing with Mr. Siminovsky, but they argued that he was impartial whenever he donned judicial robes and took the bench.

"You know what?" the former judge says on a recording in which he improperly discusses the outcome of pending divorce case. "Justice is being done."

Judge's Coaching of a Lawyer Broke the Rules, Jurors Are Told

Published: March 21, 2007

The videotape shows two lawyers, a veteran and a younger man, discussing strategy in a divorce case.

"Subpoena the guy," the older lawyer says about a witness. "We'll jerk him around and see what happens."

The younger lawyer expresses doubts. The older lawyer tells him that he and his client have nothing to worry about.

"The big thing is your guy is going to have a win," the older lawyer reassures the younger one. The client's estranged wife, on the other hand, "will walk away with nothing," the older lawyer promises, using an expletive to describe the effect this will have on her.

There are very big problems with this scene, prosecutors say. The older lawyer is the judge hearing the case. The younger lawyer, who plied the judge with free meals and drinks for years, was meeting privately with him in his chambers. The wife's lawyer was nowhere in sight.

The surveillance tape, made in 2003, was played for jurors in Brooklyn yesterday at the trial of the former State Supreme Court justice,
: Gerald P. Garson, who is accused of taking bribes. He was suspended in 2003 and later retired.

The tape was first played in 2004 at the trial of a court officer who was convicted of taking bribes to steer cases to Justice Garson. Now it forms the heart of the case against the former Brooklyn judge, whose arrest in 2003 was the opening salvo in a sweeping inquiry into judicial corruption in Brooklyn by the Brooklyn district attorney, Charles J. Hynes.

Seven people, including the younger lawyer, Paul Siminovsky, have been convicted or pleaded guilty as a result of the investigation.

The tape was made on Feb. 5, 2003, in Justice Garson's robing room several weeks before Mr. Siminovsky was confronted by prosecutors and began cooperating, the authorities said. On it, Mr. Siminovsky and Justice Garson discussed the divorce case of Avraham Levi, whom Mr. Siminovsky represented, and Sigal Levi, Mr. Levi's wife. It is against judicial rules for a judge to discuss a case with one party or the party's lawyer without the consent of the other.

Mr. Siminovsky asked if the judge might award the couple's house to Mr. Levi. "I'll award him exclusive use on it," Justice Garson said.

Justice Garson then coached Mr. Siminovsky on how to extract information from a witness about the amount of money Mrs. Levi made from a school she operated.

"You'll put him on the stand," Justice Garson said. "You go through, 'In evidence is a record book kept by ba ba boom, there's an average of so many students per month. The book indicates the approximate rate of $350-400 a month per student. ...' "

Mr. Levi later pleaded guilty to paying a self-proclaimed "fixer" $10,000 to get his case in front of Justice Garson. The case, now before another judge, is still not resolved.

The jury also saw another tape yesterday, made a month after the first one, in which Justice Garson accepted a $250 box of cigars and $1,000 in cash from Mr. Siminovsky, who by then was helping to catch the judge in a sting.

Justice Garson tried to return the cash, asking Mr. Siminovsky to contribute to the judicial campaign of the judge's wife instead. Mr. Siminovsky said he would make the contribution, too, but told the judge to keep the cash.

"All right," Justice Garson said with a sigh, shoving the money into a drawer. According to the lead investigator on the case, the bills were in the judge's pocket when he was picked up for questioning a few days later.

At one point on the earlier tape, Justice Garson urged Mr. Siminovsky to take heart.
"You know what?" he said. "Justice is being done."

Linda said...

Indicted Disgraced Suspended Judge Gerald Garson's 3rd day trial.

One judge at a time...
NY Post

Taped with "bribe."March 22, 2007 -- The Brooklyn DA's investigation into disgraced former judge Gerald Garson was going nowhere until a shady lawyer buddy agreed to help get the goods on him, the lead detective on the case said yesterday.

On Tuesday, jurors watched videos of Garson accepting a box of cigars and $1,000 cash from the lawyer friend, Paul Siminovsky, exchanges orchestrated by the DA's Office with Siminovsky's cooperation shortly after his arrest on Feb. 25, 2003.

But during cross-examination yesterday, Detective George Terra, the chief investigator on the case, allowed that "flip ping" Siminovsky was the turning point in the probe.

"Isn't it true that up until Feb. 25, 2003, you did not have a scintilla of evidence that Jerry Garson asked for cigars?" asked Michael Washor.

"Correct," said Terra.

The exchange with the detective played directly into Washor's game plan of casting the video evidence as a trap set up by Siminovsky to save himself by delivering Garson.

"We're trying to show, and I think we have, that until these videotapes were created, they didn't have a scintilla of evidence," Washor told reporters.

Garson, 74, faces up to 31 years if convicted on charges of receiving a bribe and receiving rewards for official misconduct.

The probe began in October 2002 when a distraught Brooklyn mother complained to the DA's Office that she believed Garson, who was hearing her custody case, had been "bought."

Detectives never turned up evidence that Garson fixed any case, although on one video he is seen telling Siminovsky how to litigate and predicted how he'd rule.

The two most damning videos, the "cigar" tape and the "money" tape, were recorded after Siminovksy had flipped.

But Washor hammered away yesterday at the point that before Siminovsky signed on, there was no evidence that the judge was taking bribes.

"On any of the tapes that you have listened to, did you ever hear Jerry Garson ask for money?" Washor asked Terra.

"No," the detective replied.


Anonymous said...

But if anyone causes one of these little ones who believe in me to sin, it would be better for him to have a large millstone hung around his neck and to be drowned in the depths of the sea. Jesus Christ Matthew

bringmykidshome said...

Orange County Goshen, New York aka
"These things some times happen" County

To understand how deep the corruption runs in New York State we must first identified the one running the merry go round. I live the State of Florida and my children were residents of the State of Florida. After been harassed by the Law Guardian Bernadette Lupinetti, Esq. and Carl A. Scheuering my son finally snapped and attacked me.

Carl A. Scheuering used a therapist by the name of Mark Elba to make a false report in my home state of Florida against my family and me. To the surprise of the investigator from DCF 3 of the four people been accused of child abuse weren’t even in the country when the alleged abuse was taken placed and after interviewing the children there was no abuse and the report was closed unfounded in 2003.

In 2006 I had made a report of a parent in need of assistance here in the State of Florida. Both parents were interviewed by the Investigator from DCF in Florida. Well the report came back indicating abuse while the children were visiting with the father in New York which explains the violent behavior of my son in addition to the Domestic Violence he saw by his father. I asked what I do next, I was told make a report in New York I did and the first one came back in August 2006 “Unfounded” my son was in New York and never returned home. The second one which I included also the report from the children’s therapist indicating abuse by the father and abuse taken placed by other people while visiting with the father. Sadly, this report came back in December 2006 “indicated” me the one who made the report and brought the evidence. Today I decided to call the Case worker Supervisor Fran Mc Garvey from CPS in Goshen, New York and asked what the proper procedure in my case is; well she told me that my state would work with the state of New York to investigate. Well I told her well I did turned over the reports and the Caseworker Leah Horrovoets sent me a letter with her signature and the signature of Fran McGarvey on a report “Indicated” for abuse. I told her you never contacted the DCF investigator in Florida. Well, Mrs. Mc Garvey changed her story now is not the proper procedure now is usually what they do but not necessarily. But if the report was “indicated” it was because both she and Leah Horrevoets found enough evidence against me. I asked how when I made the report and brought the evidence. She asked for my name and then Mrs. Fran Mc Garvey informed me that some times these things happened and my report is not false and I have the choice to appeal the decision through a fair hearing. Once again told me sometimes these type of reports indicating abuse happen to go to a hearing and have it changed if I disagree.

There is a big huge issue in Orange County New York where your officials records will disappear, police and criminal reports will also disappear, and to top of this, don’t bring evidence of abuse to CPS in Goshen New York because chances are these things will happen to you as Fran Mc Garvey, Case worker Supervisor stated to me on the phone today. In conclusion you will have to fight to clean your name and now understand that if your case is fixed in Orange County, New York don’t you dare bring evidence of child abuse to their office as they may falsely accused you, as these things do happen in that county, so they don’t have to actually do their Jobs and get in the way of the already master plan by the court, to steal your children, terminated your parental rigths, and violate your rights as these things do happen in Orange County New York.

Linda said...

Indicted Disgraced Suspended Judge Garson's trial (NY Times and NY Post)

It continues next week -
Mon - Thurs 9:30 AM - 5 PM
320 Jay Street - Brooklyn
The New Supreme Court - 2nd Floor
Everybody is welcome
Please spread the word

2, 3, 4 , 5 train to Burough Hall

March 23, 2007 -- Forget divorce law. Maybe Paul Siminovsky should have been a secret agent.
In a matter of hours after he was arrested and questioned by Brooklyn DA investigators in 2002, Siminovsky, a close pal of Gerald Garson's, was at lunch with the judge - and wearing a wire.
Yesterday, jurors in Garson's bribery trial heard him on that recording violating judicial rules by casually discussing Siminovsky's handling of a witness in a divorce trial over which Garson was presiding.
"You want a piece of advice?" Garson is heard asking. "Have you given him his transcript and EBT [examination before trial] to study?
"Well, I got to tell you something. Just tell him to keep reading the EBT . . . Memorize. Tell him to memorize the EBT . . . Just have him deny a few things."
At the conversation's end, the judge makes a crack about the Israeli background of the witness, Avraham Levy.
"Avraham . . . tell him to go to shul . . . study . . . Study the Talmud and the EBT."
Detectives pulled Siminovsky over as he left his Astoria, Queens, home on Feb. 25, 2002, and drove him to Fort Hamilton in Brooklyn, so that his arrest could remain secret. He offered to cooperate within minutes, asking investigators, "What's in it for me?"
So detectives equipped the divorce lawyer with a pager-sized digital recorder and sent him back out to meet Garson for lunch at his favorite spot, Archives restaurant in the Brooklyn Marriott.
The conversation captured on tape doesn't only reflect badly on Garson - it also features Siminovsky trashing his client.
"This guy is such a pain in the ass, I don't want it to backfire in my f- - -ing face," the lawyer complains. "He just f- - -ing cries and whines."
The two men take shots at the Levys and other immigrants.
"How do they get in here?" asks Garson. "How do they get into the country? . . . We felt sorry for them? No. The Statue of Liberty, 'Give me your poor, your downtrodden' . . . We'll make them into real Americans."
The judge can also be heard comparing the wife in the divorce proceeding, Sigal Levy, to his own ex.
"She reminds me of my ex-wife," he says. "Same attitude, you know, same philosophy, nothing was wrong, you can get away with everything. Not important, not important to file taxes."
Although unflattering, the content heard in yesterday's tape only speaks to one component of the charges against Garson: discussing a case with the lawyer for one side without the other's knowledge.
Garson's lawyer, Michael Washor, has argued that Siminovsky "created" the evidence to save himself.
On Tuesday, jurors watched videos from the judge's robing room showing him taking $1,000 cash.

NY Times
In a Judge’s Corruption Trial, Tapes Reveal Tips to a Lawyer

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Published: March 23, 2007
Judging from the audiotape, Paul Siminovsky’s first day as a government informer was fairly productive.
On the morning of Feb. 25, 2003, Mr. Siminovsky, a divorce lawyer, was pulled over in his car as he drove to work by investigators from the Brooklyn district attorney’s office. They confronted him with evidence that they believed indicated he had traded illegal favors with a State Supreme Court justice he frequently appeared before, Gerald P. Garson.
Within hours, prosecutors say, Mr. Siminovsky, wearing a wire, was having lunch with his friend Justice Garson at a restaurant near the courthouse, all ears as the judge told him what he and his client should say the next day in court.
“Just have him deny a few things,” a speaker identified by prosecutors and an investigator as Justice Garson says on the tape, which was played yesterday for jurors at the former judge’s corruption trial in Brooklyn. It is against judicial rules for a judge to discuss a case with one side without the consent of the other.
Mr. Garson, charged with taking bribes and receiving rewards for official misconduct, is the only judge to come to trial so far in District Attorney Charles J. Hynes’s four-year investigation into judicial corruption in Brooklyn.
The prosecution’s case relies heavily on tapes of conversations between Justice Garson and Mr. Siminovsky, who says he spent $10,000 wining and dining the judge over several years in return for favorable treatment.
On Tuesday, jurors watched a videotape made in Justice Garson’s robing room in which the judge instructed Mr. Siminovsky to subpoena a man so that he and the judge could “jerk him around.”
The audiotape played yesterday, made at the Archives Restaurant in the Marriott Hotel on Adams Street, included a lesson from the judge in witness preparation.
In the tape, two men, whom prosecutors identified as Justice Garson and Mr. Siminovsky, are heard discussing the divorce case of Avraham Levi, whom Mr. Siminovsky represented, and his wife, Sigal Levi.
Mr. Siminovsky reminds the judge that Mr. Levi is to take the stand the next day.
“You want a piece of advice?” the judge asks. “Have you given him his transcript and the E.B.T. to study?” An E.B.T. is an examination before trial, better known as a deposition.
Justice Garson tells Mr. Siminovsky to make sure Mr. Levi sticks to what he said in his deposition.
“Tell him to memorize the E.B.T.,” he says.
The judge then scripts a few exchanges for lawyer and client, whose wife ran a school.
“Just have him deny a few things,” the judge says, “like, ‘Did she give you money every day to deposit?’ ‘No.’ ”
He continues: “ ‘Did she go to the bank every day? She said she went to the bank every day. Is that true?’ ‘No.’ ‘Did you ever, ever take any cash?’ ‘Absolutely not.’ ”
“Tell him to go to shul and study,” Justice Garson says. “Study the Talmud and the E.B.T.”
Justice Garson also shares his opinion of Mrs. Levi, whom he found careless about fiscal matters.
“She reminds me of my ex-wife,” he says. “Same attitude, you know, same philosophy, nothing was wrong, you can get away with everything. Not important, not important to file taxes.”
“Yeah,” Mr. Siminovsky agrees.
Mr. Siminovsky is scheduled to take the stand later in the trial.

linda said...

Anyone with any Brooklyn attorneys or judges can always contact the Brooklyn District Attorneys - they will take any leads.

They will be there Mon - Thursday. See them live in actions. Please come be a court watcher. You will learn how to prepare your case, argue your case. The DA in Brooklyn got Clarence Norman convicted 3x.

Remember that the Garsons have 3 judges in their family. Imagine how many attorneys walked in their courtrooms. All 3 were investigated for allegedly stealing their aunt's money. Judge Robin Garson (Indicted Judge Gerald Garson's wife) is STILL a judge. Write letters to Chief Kaye - why are our taxes paying her salary?

The Garson family makes the Sopranos look good.

DA Hynes - 718 250 2629

Anonymous said...

I called the FBI and they really brush you off, you are not in their priority list. Children in this country are not important they are only good when it comes to experiment on them with medication.

Jonathan said...

Hopefully this will open the door for the rest of the corrupted Judges, attorneys, Law Guardians, evaluators, Psychiatrist, psychologist, CPS workers to see that they too will be brought to Justice for their crminal activities.

That way good Jugdes, attorneys, Law Guardians, psychiatrists, psychologist and CPS workers can do their jobs without retaliation and without been intimidated by the corrupted ones.

Judge Kaye its time for you to do spring cleaning in the courtrooms in New York State. To take away the power given to these crminals to destroy lives. Lets have custody cases with a Jury to protect the rights of children and litigants.

Pedophiles, child abusers, batteres should get harsh punishements and sentences, stop bringing these cases involving these criminals to Family Court and keep these cases where they belong in Criminal Court.

Anonymous said...

I am not a person who posted about Goshen and Orange County corruption, but I went with my own proof of corruption to FBI, and they had done nothing. I have heard that FBI in Upstate New York is in bed with corrupted officials including judges, so nothing really to expect from them. I think it is better to save the evidence until you hear someone is really trying to get the rats by doing some real busting, not just talking about it.

Jonathan said...

To Anonymous:

How does one knows when they are doing the bust to remove the rats in Orange County, New York?

My other question is, Is the DA in Orange County, New York just as corrupted as the rest of that county officials?

In the meantime these children are in danger and put in a position where they are been abuse and are subjects of mental battery.

If two or more people come foward with the evidence to a good guy if there is one in there, I think is time to come foward, save the children and put these sewer rats where they belong.

no more ms. nice mom said...

I have to agree with Jonathan if you have the evidence and is more than one person. Let's find a TV reporter willing to cover the story of two or more people. I know for a fact that there is one other person in Orange County, Goshen New York that has evidence that these rats will have no place to hide or find a legal strategy to defend themselves about what they did. As they think they can just do the crime and cover up their crime. But what they did not know was that this person was seven steps ahead of them collecting evidence and keeping track of every single one of their moments.

Is either now or never these children are suffering and they grow quickly and they don't forget.

bringmykidshome said...

Is very hard to keep quiet when you find out that your child is getting sick because of these criminal's actions and asked her grandmother to send her a picture of her mom and her dog.

bringmykidshome said...

And there comes a time when one must take a position that is neither safe, nor politic, nor popular -- but one must take it because it's right. --Dr. Martin Luther King Jr.

Anonymous said...

I am trying to find these cases can anybody help me?

Tzanopoulos v. Tzanopoulos, 18 A.D.3d 454, 795 N.Y.S.2d 254 (2d Dept. 2005)

McMillian v. Miller, 15 A.D.3d 814, 790 N.Y.S.2d 566 (3d Dept.2005)

Scammacca v. Scammaca, 15 A.D.3d 382, 790 N.Y.S.2d 482 (2d Dept. 2005)

Kristy T. v. Richard F.G., 17 A.D.3d 684, 794 N.Y.S.3d 92 (2d Dept., 2005)

no more ms. nice mom said...

Sometimes is better to fight with your head up high than to stay quiet in a corner looking for the right time to fight back.

A time that may never come and children have no understanding that mommy is fighting, it may take her sometime but she will save me.

I wish that more people would stop been afraid, and fight back. If they take my life at least I went down fighting and not down on my knees with my tail between my legs.

What else can these criminal take away from you, really they already took your life, when they stole your children.

Anonymous said...

Hello. Does anyone here knows the fax number for FBI for Westchester, Putnam, Orange, Dutchess Counties? If you do, please post it. Thank you!

Anonymous said...

The agent handling the FBI investigation is James O’Connor. His contact information is as follows:

Westchester County

James O’Connor


222 Bloomingdale Road

White Plains, New York 10605

Tel. 914-989-6000

Anonymous said...

The United States Attorney’s Office is simultaneously reviewing this matter.

The main contact at the United States Attorney’s Office in White Plains, New York is as follows:

Mr. Herbert Hadad

United States Attorney’s Office

300 Quarropas, 3rd Floor

White Plains, New York 10601

Tel. 914-993-1900

Hopefully, the United States Attorney’s and FBI’s investigations will expedite the long overdue reform that is needed at this time.

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