Judicial Injustice:

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walkan

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Gentlemen:

I am hoping that someone may direct me to the appropriate Government Agency to file a formal complaint against a Supreme Court Justice of the Supreme Court for Queens County, (Civil Part) in New York, for what I believe to be a violation of my civil and legal rights, in disposing of a case I was litigating for over three years, without stating a legal reason for doing so.

As a pro se Plaintiff, I had sought Judicial Intervention commencing in 1999, to recover certain unique chattels (to wit: an invention) which was being unjustly, and unlawfully detained by the party with whom I had a business relationship. The Complaint was in compliance with Article 71 of the CPLR of the State of New York. The defense's answer including sworn affidavits by the defendant, alluded to the denial that I am the rightful owner.

After failed attempts with Summary Judgment motions by both the defendant and myself; the Motion Judge finding that ISSUES OF FACT exist, for which a Trial of such facts would be impending, I proceeded to file my NOI and COR. On May 6, 2004, a Trial Scheduling was held before one Judtice LeVine and a trial date set for June 21, 2004. On that day, a replacement Judge, one Justice Shulman, sat in place of Justice LeVine. The defense claimed that the chattels were returned to me through Replevin action, which was not the case. Before I could say anything, the sitting judge suggested that I withdraw the case and file for damages instead, adjourning the case to September 21, 2004.

On September 21, we once again went before Justice LeVine, who upon hearing of the previous conference with Justice Shulman, decided that we (the defense lawyer and myself) should confer with the said Jusitce Shulman. Upon entering his Chambers, the greeting was an indication that he was not pleased about the interruption, (he was about to attend a funeral for a former Colleague), and in an unmistakably irritated tone demanded to know what it was all about. When the defense attorney explained why we were there, he asked what the problem was. I tried to explain that, there was no replevin action as claimed, and even if there was such an action, the CPLR specifically states that such an action was NOT synonomous with "An action to recover Chattels, and since Article 71 of the CPLR is an action to establish the possessory right to a chattel superior to that asserted by the defendant, the Issues of Fact should be determined at trial.

Justice Shulman was not pleased, to say the least, and immediately addressed the defense attorney advising him to file a motion for dismissal. When I tried to interject, he repeated his advice to the defense attorney, and told me thats' is his decision, and had us ushered out of his chambers.

That same day, I received notification via email that the case was marked DISPOSED.

To date no Motion for Dismissal has been served by the defense.

This sudden turn of events has left me flabbergasted and suspicious, in light of the fact that the defendant is the daughter of an Attorney, and her mother a prominent Congresswoman.

I appreciate any direction and/or advice you may have to share.

Thanks for your time.

Regards

Walkan
 
Walkan -- there is no question that you have a very technical and significant writing style which takes on many traits of an attorney. If you are not one (are you?) you certainly have done your homework. However, to be completely honest here, you write using legalese and I'm not even quite sure what it is you are trying to do and what is the problem.

You claim someone stole an invention. The judge seems to say that you filed an action for replevin prior and the invention was returned to you so you should sue for damages? That sounds pretty good to me since then there is some record that the personal property belongs to you and that it has been returned to you (that is what an action for replevin is for.) But that wasn't sufficient. Why? Reading this again, it seems that you have 2 cases to adjudicate the same issue. Is this correct? If so, why?

Before you file a complaint against a judge or any attorney for that matter, it helps understanding what are the issues and whether there is a reason for what happened and whether the judge can, in fact, do what he did. Honestly, I'm not sure I understand what was going on and easy to read plain English is usually better than eloquence if it assists with comprehension. Perhaps there was some confusion. Maybe you should first file an appeal in this case if you lost it would be in order? I'm not sure what to say here since the Bar, which is usually where you would file such a complaint, does not seem the place to go at this point.

walkan said:
Gentlemen:

I am hoping that someone may direct me to the appropriate Government Agency to file a formal complaint against a Supreme Court Justice of the Supreme Court for Queens County, (Civil Part) in New York, for what I believe to be a violation of my civil and legal rights, in disposing of a case I was litigating for over three years, without stating a legal reason for doing so.

As a pro se Plaintiff, I had sought Judicial Intervention commencing in 1999, to recover certain unique chattels (to wit: an invention) which was being unjustly, and unlawfully detained by the party with whom I had a business relationship. The Complaint was in compliance with Article 71 of the CPLR of the State of New York. The defense's answer including sworn affidavits by the defendant, alluded to the denial that I am the rightful owner.

After failed attempts with Summary Judgment motions by both the defendant and myself; the Motion Judge finding that ISSUES OF FACT exist, for which a Trial of such facts would be impending, I proceeded to file my NOI and COR. On May 6, 2004, a Trial Scheduling was held before one Judtice LeVine and a trial date set for June 21, 2004. On that day, a replacement Judge, one Justice Shulman, sat in place of Justice LeVine. The defense claimed that the chattels were returned to me through Replevin action, which was not the case. Before I could say anything, the sitting judge suggested that I withdraw the case and file for damages instead, adjourning the case to September 21, 2004.

On September 21, we once again went before Justice LeVine, who upon hearing of the previous conference with Justice Shulman, decided that we (the defense lawyer and myself) should confer with the said Jusitce Shulman. Upon entering his Chambers, the greeting was an indication that he was not pleased about the interruption, (he was about to attend a funeral for a former Colleague), and in an unmistakably irritated tone demanded to know what it was all about. When the defense attorney explained why we were there, he asked what the problem was. I tried to explain that, there was no replevin action as claimed, and even if there was such an action, the CPLR specifically states that such an action was NOT synonomous with "An action to recover Chattels, and since Article 71 of the CPLR is an action to establish the possessory right to a chattel superior to that asserted by the defendant, the Issues of Fact should be determined at trial.

Justice Shulman was not pleased, to say the least, and immediately addressed the defense attorney advising him to file a motion for dismissal. When I tried to interject, he repeated his advice to the defense attorney, and told me thats' is his decision, and had us ushered out of his chambers.

That same day, I received notification via email that the case was marked DISPOSED.

To date no Motion for Dismissal has been served by the defense.

This sudden turn of events has left me flabbergasted and suspicious, in light of the fact that the defendant is the daughter of an Attorney, and her mother a prominent Congresswoman.

I appreciate any direction and/or advice you may have to share.

Thanks for your time.

Regards

Walkan
 
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