Aside from a patient abuse action, I submitted an Order to Show Cause and clerk tried to trick me into adjourning for 60 days when defendants did not show up, but when I objected she reluctantly gave papers to judge who ruled: "granted settle on notice." Four months went by and I ascertained defendants have friends/relatives at courthouse. When I filed complaint on the courtroom staff with the Inspector General, the judge ruled against me that very day. She denied based the following:
1.) I did not "personally" serve defendants as allegedly "ordered." However, New York CPLR Art'l 3 sec. 312 deems service via mail "personal service."
2.) Said I did not provide any proof that I served defendants, However, I sent proof and also told her in a letter that defendants refuse to accept aaany documents from me. And asked that in light of extentuating circumstances she utilize Marshal or Sheriff's office but she did not respond nor did she provide the alternative.
3.) She said she could not issue order on unnamed employees/defendants, and if if she could I had to "personally" serve them. She cited this antiquated 1935 case without book # or edition, but provided these pages 268, 327, 331, and 197 N.E. 299, 301. I'm a patient in a nursing home as she knows so cannot Shepardize the case cited supra, and am unable to have someone place the documents on the defendants' hands and videotape the service, which is what I will need to satisify this judge. Apparently I was wrong when I though it was just her staff.
So my question to the community is can someone Shepardize the case cited supra ? And can you tell me if I satisfied the service process with my limited situation as a nursing home patient?
Any help from you guys will be greatly appreciated... Need all the help I can get.
Gerronamo
1.) I did not "personally" serve defendants as allegedly "ordered." However, New York CPLR Art'l 3 sec. 312 deems service via mail "personal service."
2.) Said I did not provide any proof that I served defendants, However, I sent proof and also told her in a letter that defendants refuse to accept aaany documents from me. And asked that in light of extentuating circumstances she utilize Marshal or Sheriff's office but she did not respond nor did she provide the alternative.
3.) She said she could not issue order on unnamed employees/defendants, and if if she could I had to "personally" serve them. She cited this antiquated 1935 case without book # or edition, but provided these pages 268, 327, 331, and 197 N.E. 299, 301. I'm a patient in a nursing home as she knows so cannot Shepardize the case cited supra, and am unable to have someone place the documents on the defendants' hands and videotape the service, which is what I will need to satisify this judge. Apparently I was wrong when I though it was just her staff.
So my question to the community is can someone Shepardize the case cited supra ? And can you tell me if I satisfied the service process with my limited situation as a nursing home patient?
Any help from you guys will be greatly appreciated... Need all the help I can get.
Gerronamo
