BREAKING NEWS: Second Department Appellate Division Judges, CHAMBERS, J.P., HALL, COHEN and MILLER, JJ., Denounced For Alleged Illegal Ex Parte Communication, Nepotism In Appellant’s Motion–We’ve Got The Excerpts, And We’re Printing Them. As Members Of The Court Of Public Opinion, Judges, –(A Misnomer) We Believe Every Word, We Deem You Complicit In NYC Government Corruption Part I

May 11, 2015 § Leave a comment

As one of the cases we’ve been following, to wit, the case against William Hamel of Dinkes & Schwitzer alias Schwitzer & Associates rages on, now in the 2nd Dept. Appellate Division  just a few paces from their brethren’s court residence, i.e., kings County Supreme Court, where the notorious Kenneth “Roy Bean” Sherman and Miriam Sunshine, supposedly and in unison preside engaging in Case Fixing (to benefit the likes of William Hamel who continues to this day embezzling from clients), engaging illegal ex parte contact,  tampering with evidence, illegally allowing Hamel to escape his subpoena—we don’t think we need say more as those are  horrendous enough,  the aforementioned “Judges”  carry on in the lower court’s pattern.

We’ve decided to give some excerpts from the wonderful, and courageous Appellant who has now documented on record the heinous conduct that neither the Appellant nor we nor the rest of the public, press or authorities will tolerate (We are withholding the name of the plaintiff to protect the innocent) :

 

 

Plaintiff                                                                 AFFIDAVIT IN SUPPORT

Appellate Division Docket No.: 201409509

—-against—

 

1625 Emmons Ave., Inc.

__Defendant___________

 

State of New York       )

County of________________) ss:

“I,The Plaintiff_, being duly sworn, depose and say that :

1-I am a senior disabled layperson, pro se Appellant on disability, who is not working, living on a low fixed income, living in Northwestern Manhattan, i.e., Harlem.

I have been advised to state: that because I am dealing with a criminal element, i.e., the Respondants ,William Hamel—who has a criminal record, and Joelle Jensen, William Schwitzer, Naomi Skura, Robert Shaiman, of Dinkes & Schwitzer aka Schwitzer & Associates, (D&S herinafter and their Defense Attorneys, Godosky & Gentile, i.e, Richard Godosky, who have relentlessly harassed and threatened me, I fear for my safety.

I am submitting this Motion to reargue my 2/13/15 Notice of Motion and my 3/17/15 Reply, (both comprising massive amounts of evidence/exhibits law, and case law substantiating my requests for relief and accusations of which were and still are several), as well as Godosky & Gentile’s 5 page Opposition papers, comprising no exhibits/no evidence, citing CPLR section I more than adhered to, which was mailed to me late, (I received after return date 2/13/15) and clarity/clarification on 3/24/15, Appellate Court Decision Order relating to them, oddly returned all of less than one, (1), week after I submitted my Reply, as both my documents together equaled approx. in total 300-400 pages and the App. Div. is notorious for taking eons to come down with decisions.—

In both my Motion and Reply I requested leave to proceed fully as a Poor Person having all fees waived, (inclusive of filing fees, and those for transcripts for this appeal as well as for the case appealed from, copies and the like in the form of a Court Order, all fees related to this appeal, plus many other types of Relief, including to be paid restitution, have my case/this appeal comprise legal conduct, adherence to the law, legality and legality expressed in the display of the caption of this case in fact throughout and on other documents, ( which is ONLY LEGAL when written as PLAINTIFF–against 1625 Emmons Ave., ) transparency on the case, the disallowance of illegally adding or subtracting documents/tampering with evidence/falsifying business records,– two massive documents for which I included and quoted relevant laws, case law, and in which I included tons of evidence in form of exhibits substantiating and complying with my assertions and requests, accompanied by my over-compliance to relevant laws requiring me to do so to achieve acceptance of my Motion several requests for relief.

–Oh yes, in my REPLY also asked for the denial of Mr Godosky’s late Opposition, which comprised 5 pages of repeated pointless rants–solely demanding I not be allowed to prosecute my Appeal/given permission to proceed as a poor person; his 5 page Opposition sans any related evidence/exhibits, to substantiate his tirade and demands, sans any documentation to counter my assertions or counter my documented evidence supporting my requests—because in fact, he has none, because in fact there is none which in and of itself proves my case, and disproves his; in fact he didn’t even make an effort to confirm his opposition, yet the Appellate Div. Judges, comply with his tantrum, side with Godosky & Gentile of whom, as everyone knows shares their office’s address with the Departmental Disciplinary Committee, (DDC hereinafter) as well as the Commission on Judicial Conduct, (CDC ), so that they beyond close ties with the Appellate Division, “I served two terms on the Departmental Disciplinary Committee for the Appellate Division, First Department”, Godosky & Gentile, were, and still are major participants along with Judge Sherman and Spec. Referee Sunshine in the illegal ex parte communications, Falsifying business records and hiding and Tampering with evidence, helping Hamel already prosecuted for Bribery and Insurance Fraud while he was on my case and confessing to it, and facilitation of crime, while committing the same crimes on my case adding Grand Larceny and Commercial Bribe Receiving, Money Laundering, etc. that ensued during the case being appealed from, (Index # 22335/2003) partaking in the deterrence of my prosecuting my case with them so that my rights were not abrogated, rather they were non-existent, and with Sherman and Sunshine complicit in continuing the double standard of (non-) justice. Sherman and Sunshine, fixing the underlying case/being appealed from, denying everything I requested, (giving me that which I didn’t request, and which is of no help) yet granting my adversaries any and all relief, looking the other way so as NEVER sanctioning them for VIOLATING Orders OR LAWS invalidating any rulings so that your denial of my Motion is beyond reminiscent of the cronyism comprising my repulsive experience/all of the above, in the lower court and is simple to conclude ABSOLUTELY OUTRAGEOUS!—In a lower American Court and certainly in a higher American Court.—MORE THAN ABSOLUTELY OUTRAGEOUS!

But before we continue, we all want to thank you, the Appellate Judges for making your illegal ex parte communication with my adversaries, conspicuous, as well as your nepotism and biased agenda, and the planned outcome you have chosen in favor of your cronies, and their Defense Counsel Godosky & Gentile who again share their office at 61 Brdway the focus of the legal profession’s nepotism, sharing their address with Departmental Disciplary Committees and Commission on Judicial Conduct, who obviously wield power in the industry ( In fact I mentioned this in my Motion AND Reply) pointedly clear so soon in the case. Some of the crimes my adversaries committed were and are Class B Felonies, your support of them makes your involvement blatant. Shame on you for your engaging in Criminal Facilitation.

After all in my Motion and my REPLY I did not just discuss at length that D&S didn’t prosecute my Personal Injury case, which the case being appealed from is based on (which originally had five, (5), individual defendants who were supposed to be individually sued), I explained how and why they did it and I provided the illegal Settlement check which has only has one Defendant, 1625 Emmons Ave. Inc./Marvin Gold Management Company, which by Great American Insurance covered and only covered and which was the only payer on it.

As a matter of fact, The check alone proves that not only was just one Defendant prosecuted in my original Personal Injury case, but also that the personal Injury case was not prosecuted at all, (which is premise of this case, what the case being appealed from is based on, and which the check is in reference to, and that only one defendant was sued, only one defendant paid,–so that millions of dollars are missing from the check and payment to me, (and since I wasn’t paid the money Hamel and D&S and Taras stole it), Hamel, Joelle Jensen, /D&S and Bert Taras embezzled millions from me, as I sued for $2,050,000, sum certain per Defendant, making me a crime victim, and making the sum certain that they owe me over $10, 050, 000 for not prosecuting 4 of the defendants.– As a crime victim I am also entitled to restitution. Hamel, Joelle Jensen, Bert Taras, and chums in crimes embezzled the money from me that the other defendants Dave Cronen, Florence Grossman, Winifred Kiernan, and Irving Salzburg paid them in exchange for being precluded from the litigation from the case and in exchange for paying me. ( EX # illegal Goldberg Segalla, (Rafael Otero and Karen Sack)  kickback letter, Bert Taras illegal Kickback Fax)(Ex # 1 Great American Check )”

This is the only payment made to the Plaintiff, now Appellant, Mr. McCray. MINUS  bogus fees and disbursements. There were no other monies paid to the plaintiff. There should have been separate checks from Cronen, Grossman, Keirnan, and Salzburg paid to McCray. Alternatively, had McCray agreed, (which according to documents McCray did not), the aformentioned names should have been included on the check, the only payer of which is Great American Insurance Company who covered only 1625 Emmons Ave. --their management company Marvin Gold --who we might add isn't the management company of  individuals!

This is the only payment made to the Plaintiff, now Appellant, Mr. McCray. MINUS bogus fees and disbursements. There were no other monies paid to the plaintiff. There should have been separate checks from Cronen, Grossman, Keirnan, and Salzburg paid to McCray. Alternatively, had McCray agreed, (which according to documents McCray did not), the aformentioned names should have been included on the check, the only payer of which is Great American Insurance Company who covered only 1625 Emmons Ave. –their management company Marvin Gold –who we might add isn’t the management company of individuals!

 

“I explained that the ONLY LEGAL CAPTION for this case on ANY document in ANY venue is Plaintiff, against 1625 Emmons Ave. Inc. (1) (ONE) Defendant)– –I showed how and why. —-ONE PAYER/DEFENDANT ON THE SETTLEMENT CHECK, EQUALS ONE DEFENDANT SETTLED WITH, EQUALS ONE DEFENDANT PROSECUTED-WHICH IN TURN EQUALS ONE DEFENDANT IN THE CAPTION.-”

“But what does the Appellate Division do in its Decision/Order on my Motion and my REPLY where the caption was accurate and legal and I explain how and why? The Appellate Division displays does the opposite printing the illegal caption :”

Plaintiff

-against-

1625 Emmons Ave. Inc., et al, Defendants

“Dear Judges, CHAMBERS, J.P., HALL, COHEN and MILLER, JJ., that would only come from having illegal ex parte communication. Shame on you! –Writing et al which states that there is more than one Defendant when we glaringly pointed out in my Motion and Reply that there was only one Defendant on the included illegal Settlement check, is perpetuating the illegality, helping, Dinkes &Schwitzer with their case, benefitting and protecting, them. –But then you know that. OUTRAGEOUS! Did you actually think we wouldn’t notice it in your response?”

 

“And how foolish of you as you have proven that you have conspired with my adversaries, and that among things, illegal ex parte contact transpired since Godosky didn’t even raise the issue– not on record. But the fact is, I did. Yet the Appellate division judges defiantly write the illegal caption so that it is in line with Godosky’s wishes, perpetuating the illegality, wrongly indicating there were several defendants prosecuted in the Personal Injury case,– anyway.—You don’t want to remove from the caption Cronen Grossman Kiernan, and Irving Salzburg who paid Hamel and his gangsters kickbacks to be excluded from the case? You then succeed in making your illegal discriminatory agenda abundantly clear.—”

 

“My advisors and I went through the illegal covert tactics promoted by Sherman and Sunshine for almost 4 years—How do you think Sherman duplicitous double-dealing,/ double, contrary and concealed, 11/14/12 court Orders were discovered.—It wasn’t by accident.”

This is the public version  of Sherman's  Illegal Court Order. that he loudly announced in open court. on record . Sherman made sure to give the Petitioner a copy before leaving. This is an illegal Order  as the pro se Petitioner said on many occasions that  the case was going to be prosecuted  pro se which is the right of any petitioner and a judge can't devise an order  demanding a Petitioner be represented by legal counsel. Of course Roy Bean showing his illegal bent blatantly demonstrates where his allegiance lies and that is with lawlessness  coming down with this  illegal decision to wasting the time and money of the Petitioner, and taxpayers,  in an effort to strike points with the Defendants. This is a prime example of abuse of power and obstruction of justice. Roy Bean there is no excuse. --but wait there's more.....Photo courtesy of world-News-Media.com

This is the public version of Sherman’s Illegal Court Order. that he loudly announced in open court. on record . Sherman made sure to give the Petitioner a copy before leaving. This is an illegal Order as the pro se Petitioner said on many occasions that the case was going to be prosecuted pro se which is the right of any petitioner and a judge can’t devise an order demanding a Petitioner be represented by legal counsel. Of course Roy Bean showing his illegal bent blatantly demonstrates where his allegiance lies and that is with lawlessness coming down with this illegal decision to wasting the time and money of the Petitioner, and taxpayers, in an effort to strike points with the Defendants. This is a prime example of abuse of power and obstruction of justice. Roy Bean there is no excuse. –but wait there’s more…..Photo courtesy of world-News-Media.com

 

This was the 11/14/12 Secret and Contrary version of the illegal  COURT  ORDER, diametrically opposed to the public version declared and disseminated in court that Roy Bean Sherman wrote on the sly, apparently planning to use if the plaintiff were stupid enough to obey his command to hire an attorney. Sherman created  the  Order without the knowledge, and consultation of the petitioner in fact hid this order from petitioner, and  public file committing Abuse of Power, Obstruction of Justice. This order only found its way to the public file via the plaintiff who included it in motions. This Order indicates Roy Bean Sherman along with the Defendants, Hamel, Jensen and their lawyers, Godosky & Gentile, would have made yet another illegal  and shrouded deal,  this time with whatever lawyer that might have been hired to betray the plaintiff, apparently they.Hamel Jensen,  Godosky & Gentile   would have used any tactics including blackmail, to safeguard  their white collar criminal cronies from incarceration Roy Bean specifically says in his order that upon the " whereby new counsel will make a motion to restore to calendar"--This completely illegal as the case was and still is active, and obtaining legal counsel is irrelevant.   Roy Bean's order goes on to say, specifically  "At this point the is case is disposed." This is just one example of Roy Bean being deeply involved in  Judicial corruption, participating in the Case -Fixing scam, implementing and partaking in Obstruction of Justice, --which is precisely why  the Petitioner's name is withheld for the protection purposes. The photo is Courtesy of World-News-Media.com

This was the 11/14/12 Secret and Contrary version of the illegal COURT ORDER, diametrically opposed to the public version declared and disseminated in court that Roy Bean Sherman wrote on the sly, apparently planning to use if the plaintiff were stupid enough to obey his command to hire an attorney. Sherman created the Order without the knowledge, and consultation of the petitioner in fact hid this order from petitioner, and public file committing Abuse of Power, Obstruction of Justice. This order only found its way to the public file via the plaintiff who included it in motions. This Order indicates Roy Bean Sherman along with the Defendants, Hamel, Jensen and their lawyers, Godosky & Gentile, would have made yet another illegal and shrouded deal, this time with whatever lawyer that might have been hired to betray the plaintiff, apparently they.Hamel Jensen, Godosky & Gentile would have used any tactics including blackmail, to safeguard their white collar criminal cronies from incarceration Roy Bean specifically says in his order that upon the ” whereby new counsel will make a motion to restore to calendar”–This completely illegal as the case was and still is active, and obtaining legal counsel is irrelevant. Roy Bean’s order goes on to say, specifically “At this point the is case is disposed.” This is just one example of Roy Bean being deeply involved in Judicial corruption, participating in the Case -Fixing scam, implementing and partaking in Obstruction of Justice, –which is precisely why the Petitioner’s name is withheld for the protection purposes. The photo is Courtesy of World-News-Media.com

“The fact is Godosky never even disputed the issue of the caption in his Opposition papers indicates, there was no reason for the Appellate Div. Judges –or staff—to choose to write anything other than Marcia Salzburg-against 1625 Emmons Ave., Inc. the only correct and legal caption since I was the one who explained how and why, it is so, giving irrefutable evidence supporting it and on record. The issue was neither disputed nor countered as in fact Godosky said nothing about it or anything about it, or anything else –(because he can’t prove it because D&S didn’t prosecute Cronen, Grossman, Kiernan, and Irving Salzburg, or my case, as they were paid kickbacks to omit them from it, stealing the money that would have gone to me.”

“In addition to not raising the issue, Godosky ‘s Opposition papers didn’t even include any evidence at all regarding anything including this or any other issue. There would be no reason for the appellate Division Judges to write anything but the caption that is on my Motion and Reply–That is, unless you consulted with them —which you obviously did—covertly and illegally.—”

“Among the other things, Mr. Godosky’s Opposition was NOTICEABLY, devoid of not just exhibits/evidence laws and case law, but there was a dearth of purpose, substance, clarity, and thus effort. Yet you granted him his request.–The only reason a lawyer why a lawyer, in this case has not included exhibits/evidence laws and case law is because they knew the case was/is illegally fixed in his favor, so why bother.”

As a result App. Div. Judges you blatantly have already proven that you have an illegal agenda, the case is already decided, you have taken their side-already and Appellate division Judges you have done so WITHOUT ANY EVIDENCE SUPPLIED OR PROVIDED BY GODOSKY THAT IS ON RECORD. WHICH FURTHER SUBSTANTIATES, THE FACT THAT THIS CASE IS FIXED, AND ILLEGAL EX PARTE COMMUNICATION OCCURRED TO PROTECT “CRIMINAL RECORD” WILLIAM HAMEL, DINKES & SCHWITZER, (D&S) JOELLE JENSEN, “ET AL”     TO PROTECT THEM, THEIR INTERESTS, THEIR REPUTATIONS, THEIR KICKBACK PAY-OFFS AND THE DEFENDANTS WHO ARE THEIR BENEFACTORS AND WHO ILLEGALLY PAID THEM IN KICKBACKS, — (WHICH IS WHY THEY HAVE ILLEGALLY WRITTEN THE CAPTION INCLUDING THE NON-DEFENDANTS IN THE FIRST PLACE). AND TO SHELTER THEM FROM THE VERY LONG ARM OF THE LAW, WHICH IS NOT GOING TO WORK,— Alternatively, Please do give us clarification re how and why this was done, could happen, how, since it looks like how it impossibly isn’t/couldn’t be—When logic, our Motion and Reply Godosky’s Opposiotn, and your response/Decision regarding them tells us this is exactly what has/is been going on.—As it did before.”

Goldberg Segalla covert 5-12-05 Kickback letter to Dinkes & Schwitzer/Schwitzer & Associates in response to Taras' 5/2/05  fax. PHoto courtesy of world-news-media.com

Goldberg Segalla covert 5-12-05 Kickback letter to Dinkes & Schwitzer/Schwitzer & Associates in response to Taras’ 5/2/05 fax. PHoto courtesy of world-news-media.com

 

Taras attorney fired in 2005 by Plaintiff, in 2011, covertly demanding his cut of kickbacks!   "on the Plaintiff's behalf" ! Photo courtesy of World-News-Media.com

Taras attorney fired in 2005 by Plaintiff, in 2011, covertly demanding his cut of kickbacks! “on the Plaintiff’s behalf” ! Photo courtesy of World-News-Media.com

Lastly I might inform you that it doesn’t take a court order to remove names from the caption.”

Dear Readers,

Below is the Decision on Motion the above refers to.  This is only part of the Motion the Appellant was compelled to write in response to the corruption that anyone who does not have an office located at 61 Broadway New York NY 10006, home base of the “Cronies Club” of the Legal and Judicial “Industry”

To the above Mssrs. CHAMBERS, J.P., HALL, COHEN and MILLER, JJ.,–none of you deserve the honorific of “Judge”. We find you despicable. You obviously function at and on the same low level as your confreres, William Hamel, Schwitzer & Associates, their defense Counsel, Godosky & Gentile, and of course“Roy Bean” Sherman, and Miriam Sunshine.  As we have made public the appalling misconduct of “Roy Bean” Sherman, and Miriam Sunshine, and as we are working to rid the Judiciary of the above 2 who apparently don’t fathom the difference between right and wrong, we will not hesitate to give you the same courtesies.

1st page of most recent Court Order Decision of Second Department Appellate Division Photo courtesy of world-news-media.com

1st page of most recent Court Order Decision of Second Department Appellate Division Photo courtesy of world-news-media.com

Just a few for the road:

The minutes from the transcript of 9/11/13 court appearance where Sunshine demands Hamel shows up in court

The minutes from the transcript of 9/11/13 court appearance where Sunshine demands Hamel shows up in court

 

Subpoena duces tecum for Hamel's appearance and record during Evidentiary Hearing in front of Sunshine who  promoted Hamel to illegally skip out on his subpoena as she never sanctioned him for never showing up in court, clearly obstructing the plaintiff's right to prosecute the case.

Subpoena duces tecum for Hamel’s appearance and record during Evidentiary Hearing in front of Sunshine who promoted Hamel to illegally skip out on his subpoena as she never sanctioned him for never showing up in court, clearly obstructing the plaintiff’s right to prosecute the case.

 

This is the 1st page of the 4/8/14 Senseless Sunshine Decision/Court Order as  she not only lies about demanding Hamel testify, but illegally reverses her own order, and further stupidly records in writing that Dinkes & Schwitzer can choose whom they please in place of Hamel ( we have no doubt that she had input  in that selection). She demonstrates she is a participant in the case-Fixing scams prevalent in the Judiciary, partaking in Obstruction of Justice, additionally wasting more of Petitioners/ Taxpayer's time and money We have for the purposes of protection of the Petitioner crossed out the name. Photo Courtesy of World-New-Media.com

This is the 1st page of the 4/8/14 Senseless Sunshine Decision/Court Order as she not only lies about demanding Hamel testify, but illegally reverses her own order, and further stupidly records in writing that Dinkes & Schwitzer can choose whom they please in place of Hamel ( we have no doubt that she had input in that selection). She demonstrates she is a participant in the case-Fixing scams prevalent in the Judiciary, partaking in Obstruction of Justice, additionally wasting more of Petitioners/ Taxpayer’s time and money We have for the purposes of protection of the Petitioner crossed out the name.
Photo Courtesy of World-New-Media.com

This is the 4/8/14 Court Order and 2nd Court Order Decision of Spec. FREf. Senseless Sunshine. If you notice  how she attempts to illegal revoke her 1st decision--She cannot It is Illegal It is also ILLEGAL to have someone/someone else choose who they want to testify when a specific individual is subpoenaed. Photo Courtesy of World-News-Media.com

This is the 4/8/14 Court Order and 2nd Court Order Decision of Spec. FREf. Senseless Sunshine. If you notice how she attempts to illegal revoke her 1st decision–She cannot It is Illegal It is also ILLEGAL to have someone/someone else choose who they want to testify when a specific individual is subpoenaed.
Photo Courtesy of World-News-Media.com

To Godosky & Gentile as well as Mssrs. CHAMBERS, J.P., HALL, COHEN and MILLER, JJ., William Hamel and Schwitzer & Associates have any kind of case there wouldn’t be such a humongous paper trail disputing it–(And you also wouldn’t have to threaten the Appellant ) Your antics are not only in the court records for eternity they are now on the internet for the same. i

Dear Appellant, we are immensely proud of you. Kudos and Bravo.

WE, and the rest of the public, media, and those in the government are on your side.

BOMBSHELL: Second Department Appellate Division Judges, CHAMBERS, J.P., HALL, COHEN and MILLER, JJ., Denounced For Alleged illegal Ex Parte Communication, Nepotism In Appellant’s Motion–We’ve Got The Excerpts, And We’re Printing Them. As Members Of The Court Of Public Opinion, Judges, –(A Misnomer) We Believe Every Word, We Deem You Complicit In NYC Government Corruption Part I

Next Installment: More documents from this segment of the case.

In the meantime:

THE INTERNET IS MIGHTIER THAN THE SWORD

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You are currently reading BREAKING NEWS: Second Department Appellate Division Judges, CHAMBERS, J.P., HALL, COHEN and MILLER, JJ., Denounced For Alleged Illegal Ex Parte Communication, Nepotism In Appellant’s Motion–We’ve Got The Excerpts, And We’re Printing Them. As Members Of The Court Of Public Opinion, Judges, –(A Misnomer) We Believe Every Word, We Deem You Complicit In NYC Government Corruption Part I at world-news-media.com.

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