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Another Test Case-NY (Landlord/Tenant)
WHITE PLAINS CITY COURT
John McFadden's June 22, 2007 Petition -- John McFadden v. Elena
Sassower,
White Plains City Court #SP-1502/07
Sassower's August 20, 2007 Answer with Ten Affirmative Defenses &
Four Counterclaims
Exhibit A-1:
contract of sale
Exhibit A-2:
occupancy agreement
Exhibit B:
sublet application & occupancy approval
Exhibit C:
McFadden letters increasing use & occupancy charges
Exhibit D:
correspondence from April 4, 2003 to October 5, 2003
Exhibit E:
correspondence from December 28, 2004 to March 5, 2005
Exhibit F:
correspondence from May 9, 2006 to June 27, 2006
Exhibit G:
correspondence from October 1, 2006 to July 31, 2007
Sclafani's August 23, 2007 motion
Sassower's September 5, 2007 cross-motion
Exhibit H:
Office of Rent Administration/NYS Division of Housing & Community Renewal
Exhibit I-1:
transcript of July 16, 2007 court proceeding before Judge Press
Exhibit I-2:
Sassower's written statement for July 16, 2007 court proceeding
Exhibit J:
Sassower's July 20, 2007 letter to Judge Press
Exhibit K:
Sassower's July 27, 2007 letter to Judge Press & his approval
Exhibit L:
correspondence from August 22, 2007 & August 31, 2007
Exhibit M:
Sassower's August 24, 2007 letter with postal delivery confirmation
Exhibit N:
Sclafani's July 17, 2007 letter to Judge Press
Exhibit O:
correspondence relating to settlement - federal case
Exhibit P:
federal case: US District Court decisions concerning sanction $
Exhibit Q:
federal lawsuit: original August 1988 complaint
Exhibit R:
federal lawsuit: February 22, 1993 US Supreme Court petition for a writ of
certiorari
Exhibit S:
federal lawsuit: May 14, 1993 petition for rehearing to US Supreme Court
Exhibit T:
federal lawsuit: June 1, 1993 supplemental petition for rehearing to US Supreme
Court
Exhibit U:
"Without Merit: The Empty Promise of Judicial Discipline"
Exhibit V-1:
Sassowers' June 9, 1993 impeachment complaint to US House Judiciary Committee
Exhibit V-2:
Sassowers' July 14, 1993 letter to National Commission on Judicial Discipline &
Removal
Exhibit V-3: Sassower's March 4, 1996
federal judicial misconduct complaint under 28 USC 372(c)
Exhibit W:
correspondence for assignment of shareholder rights
Exhibit X:
US District Court March 20, 1991 Judgment with jury's special verdict form
Exhibit Y:
#651/89: Sassower's December 16, 1991 affidavit responding to McFadden's first
summary judgment motion
Exhibit Z-1:
#651/89: Sassower's November 11, 1992 affidavit
Exhibit Z-2:
#651/89: Sassowers' November 25, 1992 affidavit
Exhibit Z-3:
#651/89: Sassowers' December 16, 1992 affidavit
Exhibit Z-4:
#651/89: Sassower's January 19, 1993 affidavit
Exhibit AA:
Sassower's January 1, 1993 letter to McFadden
Sclafani's September 5, 2007 Reply Affirmation with
McFadden September 5, 2007 affidavit
Sassower's September 11, 2007 Reply Affidavit
Exhibit BB:
transcript of September 6, 2007 court proceeding before Judge Friia
Exhibit CC:
correspondence & transcript of August 27, 2007 court proceeding before Judge
Hansbury
Exhibit DD:
1st page of McFadden's June 19, 1988 letter
Exhibit EE:
delivery & mailing confirmations
Exhibit FF:
Doris Sassower's August 4, 1988 letter to McFadden
FRAUDULENT DECISION #1:
October 11, 2007 decision & order of White Plains City Court Judge Brian Hansbury
October 19, 2007 trial notice
Sclafani's November 5, 2007 "notice of entry" of Judge Hansbury's October 11,
2007 decision & order
Sassower's November 8, 2007 order to show cause, signd by Judge Hansbury on
November 9, 2007
Exhibit GG: October 19, 2007 trial notice from the Clerk's Office
Exhibit HH: Judge Hansbury's October 11, 2007 decision & order
Exhibit II: October 23, 2007 notice of disposition of complaint by NYS
Rent Administration/Division of Housingl
Sassower's November 8, 2007 memorandum of law
Sclafani's November 15, 2007 cross-motion
Transcript
of November 16, 2007 court proceeding before Judge Friia
Sassower's November 26, 2007 affidavit in opposition to cross-motion & in
further support of motion underlying OSC
Exhibit JJ:
Sclafani's October 5, 2007 letter & Sassower's October 8, 2007 response
Exhibit KK: Sassower's November 13, 2007 records request to City of White Plains
Exhibit LL: Sassower's November 21, 2007 letter to Sclafani
Sassower's December 5, 2007 notice of appeal of Judge Hansbury's October 11,
2007 decision & order
Sclafani's December 14, 2007 notice of cross-appeal of Judge Hansbury's October
11, 2007 decision & order
FRAUDULENT DECISION #2:
January 30, 2008 decision & order of White Plains City Court Judge Brian Hansbury
* * *
May
31, 2008 trial notices of Clerk's Office
Sassower's June 6, 2008 letter to Chief Clerk Lupi -- "RE: John McFadden
v. Elena Sassower, White Plains City Court #SP-1502/07"
June 9, 2008 letter
from Court Assistant Jacqueline Rodriguez
Sassower's June
13, 2008 letter to Chief Clerk Lupi -- "RE: Request for Clarification
of Ms. Rodriguez' June 9, 2008 letter"
Sassower's June
13, 2008 letter to Chief Clerk Lupi -- "RE: My Yesterday's Visit to the
Clerk's Office & Our Conversation Together"
Sassower's June
24, 2008 letter to Judge Fria -- "RE: Respecting the Appearance & Actuality
of Fair & Impartial Justice"
Sassower's June 25, 2008 letter to Judge Friia
-- "RE: Respecting the Appearance & Actuality
of Fair & Impartial Justice"
Sassower's June 26, 2008 letter to Deputy Clerk Lynn Ward
-- "RE: McFadden v. Sassower, White Plains City Court #SP-1502/07"
* * *
Sassower's June 27, 2008 Order to Show Cause,
which Judge Friia
refused to sign
Exhibit MM: Clerk's Office's May 30, 2008 trial notices
Exhibit NN-1:
pages 8-18 of Sassower's November 8, 2007affidavit in support of her order to
show cause
Exhibit NN-2:
pages 18-22 of Sassower's November 8, 2007 affidavit in support of her order to
show cause
Exhibit OO: Judge Hansbury's January 29,
2008 decision & order
Exhibit PP-1: Sassower's June 6, 2008 letter
to Clerk Lupi -- "RE: John McFadden v. Elena Sassower,
White Plains City Court #SP-1502/07"
Exhibit PP-2: June 9, 2008
letter of Ct. Asst. Rodriguez
Exhibit QQ: Sassower's June 13, 2008 letter
to Clerk Lupi -- "RE: Request for Clarification of Ms. Rodriguez ' June 9, 2008
letter"
Exhibit RR: Sassower's June 13, 2008 letter
to Clerk Lupi -- "RE: My Yesterday's Visit to the Clerk's Office
& Our
Conversation Together"
Exhibit SS: Sassower's June 24, 2008 letter
to Judge Friia -- "RE: Respecting the Appearance & Actuality
of
Fair & Impartial Justice"
Exhibit TT: Sassower's June 25, 2008 letter
to Judge Friia -- "RE: Respecting the Appearance & Actuality
of
Fair & Impartial Justice"
Exhibit UU: Sassower's June 26, 2008 letter
to Deputy Clerk Ward -- "RE: McFadden v. Sassower,
White Plains City Court #SP-1502/07"
Transcript
of June 30, 2008 court proceeding before Judge Friia
FRAUDULENT DECISION #3:
July 3, 2008 decision & order of
White Plains City Court Judge Jo Ann Friia --
-- John McFadden v. Doris L. Sassower and
Elena Sassower,
White Plains City Court #SP-651/89
Sassower's
July 8, 2008 Order to Show Cause in #SP-1502/07,
which Judge Friia refused to sign
Exhibit 1:
Sassower's June 27, 2008 Order to Show Cause,
which Judge Friia
refused to sign
Exhibit MM: Clerk's Office's May 30, 2008 trial notices
Exhibit NN-1:
pages 8-18 of Sassower's November 8, 2007affidavit in support of her order to
show cause
Exhibit NN-2:
pages 18-22 of Sassower's November 8, 2007 affidavit in support of her order to
show cause
Exhibit OO: Judge Hansbury's January 29,
2008 decision & order
Exhibit PP-1: Sassower's June 6, 2008 letter
to Clerk Lupi -- "RE: John McFadden v. Elena Sassower, WP City Court #SP-1502/07"
Exhibit PP-2: June 9, 2008
letter of Ct. Asst. Rodriguez
Exhibit QQ: Sassower's June 13, 2008 letter
to Clerk Lupi -- "RE: Request for Clarification of Ms. Rodriguez ' June 9, 2008
letter"
Exhibit RR: Sassower's June 13, 2008 letter
to Clerk Lupi -- "RE: My Yesterday's Visit to the Clerk's Office & Our
Conversation Together"
Exhibit SS: Sassower's June 24, 2008 letter
to Judge Friia -- "RE: Respecting the Appearance & Actuality
of Fair & Impartial Justice"
Exhibit TT: Sassower's June 25, 2008 letter
to Judge Friia -- "RE: Respecting the Appearance & Actuality
of Fair & Impartial Justice"
Exhibit UU: Sassower's June 26, 2008 letter
to Deputy Clerk Ward -- "RE: McFadden v. Sassower,
Exhibit 2: Judge Friia's July 3, 2008
decision & order
Exhibit 3:
¶¶63-79 of Sassower's September 11, 2007 reply affidavit
Exhibit 4:
¶¶59-61 of Sassower's November 26, 2008 opposing affidavit
Exhibit 5:
¶¶89-90, 122-131 of Sassower's September 5, 2007 cross-motion affidavit
Exhibit 6:
Doris Sassower's December 4, 2006 written statement to the Mayor & White Plains Common
Council
in opposition to Judge Friia's reappointment & correspondence to Judge Friia
Exhibit 7-a:
transcript of December 28, 1988 recusal motion before Judge Reap
Exhibit
7-b: December 12, 1988 notice of motion
in #504/88 &
¶¶11-13 of affirmation
Exhibit 7-c:
page from Judge Reap's January 25, 1988 decision & order
Sassower's
July 8, 2008 letter to Clerk Lupi -- "RE: John McFadden v. Doris L.
Sassower and Elena Sassower,
White Plains City Court #SP-651/89"
Sassower's
July 9, 2008 letter to Clerk Lupi -- "RE: Request for Copies of the Clerk's
Office Docket"
Sassower's July
9, 2008 letter to Judge Friia -- "RE: Clarification of the Court's Refusal
to Sign my July 8, 2008 Order to Show Cause for its Disqualification -- and
Other Relief"
Sclafani's July 9, 2008 letter to Judge Friia -- "RE: McFadden v.
Sassower, Index #SP 659/89"
--enclosing (1)
proposed judgment of eviction
(2)
proposed warrant of removal
(3)
consent to change attorney
Sclafani's July 10, 2008 "notice of entry" of Judge Friia's July 3, 2008
decision & order
Sassower's July 18, 2008 order to show cause
to disqualify Judge JoAnn Friia & other relief -- which Judge Friia refused
to sign, July 21, 2008
Sidetab
Exhibit A: Sassower's
July 8, 2008 Order to Show Cause in #SP-1502/07,
which Judge Friia refused to sign
Exhibit 1::
Sassower's June 27, 2008 Order to Show Cause,
which Judge Friia
refused to sign
Exhibit MM: Clerk's Office's May 30, 2008 trial notices
Exhibit NN-1:
pages 8-18 of Sassower's November 8, 2007affidavit in support of her order to
show cause
Exhibit NN-2:
pages 18-22 of Sassower's November 8, 2007 affidavit in support of her order to
show cause
Exhibit OO: Judge Hansbury's January 29,
2008 decision & order
Exhibit PP-1: Sassower's June 6, 2008 letter
to Clerk Lupi -- "RE: John McFadden v. Elena Sassower,
White Plains City Court #SP-1502/07"
Exhibit PP-2: June 9, 2008
letter of Ct. Asst. Rodriguez
Exhibit QQ: Sassower's June 13, 2008 letter
to Clerk Lupi -- "RE: Request for Clarification of Ms. Rodriguez '
June 9, 2008
letter"
Exhibit RR: Sassower's June 13, 2008 letter
to Clerk Lupi -- "RE: My Yesterday's Visit to the Clerk's Office &
Our
Conversation Together"
Exhibit SS: Sassower's June 24, 2008 letter
to Judge Friia -- "RE: Respecting the Appearance & Actuality
of
Fair & Impartial Justice"
Exhibit TT: Sassower's June 25, 2008 letter
to Judge Friia -- "RE: Respecting the Appearance & Actuality
of
Fair & Impartial Justice"
Exhibit UU: Sassower's June 26, 2008 letter
to Deputy Clerk Ward -- "RE: McFadden v. Sassower,
Exhibit 2: Judge Friia's July 3, 2008
decision & order
Exhibit 3:
¶¶63-79 of Sassower's September 11, 2007 reply affidavit
Exhibit 4:
¶¶59-61 of Sassower's November 26, 2008 opposing affidavit
Exhibit 5:
¶¶89-90, 122-131 of Sassower's September 5, 2007 cross-motion affidavit
Exhibit 6:
Doris Sassower's December 4, 2006 written statement to the Mayor & White Plains Common
Council
in opposition to Judge Friia's reappointment & correspondence to Judge Friia
Exhibit 7-a:
transcript of December 28, 1988 recusal motion before Judge Reap
Exhibit
7-b: December 12, 1988 notice of motion
in #504/88 &
¶¶11-13 of affirmation
Exhibit 7-c:
page from Judge Reap's January 25, 1988 decision & order
Sidetab Exhibit B: Sassower's hand-delivered July 9,
2008 letter to Judge Friia -- "RE: Clarification of the Court's Refusal to
Sign
my July 8, 2008 Order to Show Cause for its Disqualification -- and Other
Relief"
Sidetab Exhibit C-1: Sassower's hand-delivered
July 8, 2008 letter to Clerk Lupi
Sidetab
Exhibit C-2: Sassower's hand-delivered July 9, 2008 letter to Clerk Lupi
Judge Friia's July 21, 2008 judgment of eviction in
#SP-651/89,
signed unchanged from
Sclafani's proposed judgment
Judge Friia's July 21, 2008 warrant of removal in
#SP-651/89,
signed unchanged from
Sclafani's proposed warrant
Sassower's July 23, 2008 notice of appeal of Judge Friia's July 3, 2008 decision
& order
Sassower's July 23, 2008 notice of appeal of Judge Hansbury's January 29, 2008
decision & order
The action continues at THE APPELLATE TERM:
click here
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Sassower's July 30, 2008 letter to Chief Clerk Lupi -- "RE: Request for File
Access, Copies of the Docket Sheets, & Other Information: White Plains City
Court Cases - Landlord/Tenant: #651/89, #2008-1474, #434/88, #500/88, #504/88,
#652/89"
AUGUST 1, 2008
--
White Plains City Marshal's POSTED EVICTION NOTICE
with
City Court's JUDGMENT OF EVICTION
Sassower's August 7, 2008 letter to Chief Clerk Lupi -- RE: Request for File
Access, Copies of the Docket Sheets, & Other Information: White Plains City
Court Cases - Landlord/Tenant: #651/89, #2008-1474, #434/88, #500/88, #504/88,
#652/89"
Chief Clerk Lupi's August 7, 2008 letter -- "RE: McFadden v. Sassower"
Sassower's August 14, 2008 notice of appeal of Judge Friia's July 21, 2008
judgment of eviction & warrant of removal, & of the July 3, 2008 decision &
order on which they purport to be based
Sassower's August 14, 2008 notice of appeal of Judge Hansbury's January 29, 2008
decision & order
Sassower's August 22, 2008 letter to Chief Clerk Lupi -- "RE: Your August 7,
2008 Letter & Purported Transmittal to the Appellate Term of the Record of:
John McFadden v. Doris L. Sassower & Elena Sassower, White Plains City
Courts #651/89 & "#2008-1474"; John McFadden v. Elena Sassower, White
Plains City Court #1502/07"
Sassower's August 28, 2008 letter to Chief Clerk Lupi -- "RE: My August 22,
2008 Letter to You..."
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Sassower's September 18, 2008 motion to compel compliance by White Plains City
Court Clerk Patricia Lupi with the duties of her office & other relief --
#SP-651/89 & #SP-2008-1474
Exhibit A:
Judge Friia's July 3, 2008 decision & her
July 21, 2008 judgment & warrant
Exhibit B:
Sassower's notices of appeal: July 23, 2008 & August 14, 2008
Exhibit C:
Judge Hansbury's October 11, 2007 decision & order and his January 29, 2007 decision
& order
Exhibit D:
Sassower's notices of appeal: December 5, 2007, July 23, 2008, & August 14, 2008
Exhibit E:
June 30, 2008 transcript pages 29-30, 34-35
Exhibit F:
July 30, 2008 "Clerk's Return on Appeal": #SP-651/89
Exhibit G:
July 31, 2008 "Clerk's Return on Appeal: #SP-1502/07
Exhibit H:
Sassower's hand-delivered July 30, 2008 letter to Clerk Lupi -- "RE:
Request for File Access,
Copies of the Docket Sheets, & Other Information: White Plains City Court Cases
-
Landlord/Tenant: #651/89, #2008-1474, #434/88, #500/88, #504/88, #652/89"
Exhibit I:
Sassower's hand-delivered August 7, 2008 letter to Clerk Lupi -- RE:
Request for File Access,
Copies of the Docket Sheets, & Other Information: White Plains City Court Cases
-
Landlord/Tenant: #651/89, #2008-1474, #434/88, #500/88, #504/88, #652/89"
Exhibit J:
Clerk Lupi's August 7, 2008 letter, rec'd August 13, 2008
Exhibit K:
Sassower's hand-delivered August 22, 2008 letter to Clerk Lupi -- "RE:
Your August 7, 2008 Letter
& Purported Transmittal to the Appellate Term of the Record of:
John McFadden v. Doris L.
Sassower & Elena Sassower, White Plains City
Courts #651/89 & "#2008-1474";
John McFadden v. Elena Sassower, White
Plains City Court #1502/07"
Exhibit L:
Sassower's hand-delivered August 28, 2008 letter to Clerk Lupi -- "RE: My
August 22, 2008 Letter
to You..."
Sclafani's September 25, 2008 opposing affirmation
Attorney General's October 3, 2008 motion to dismiss
Attorney General's October 6, 2008 letter with amended notice
Sassower's October 10, 2008 affidavit
Exhibit M-1: Sassower's September 26, 2008 letter to Attorney
General's Records Access Officer --
"RE: Inspection of Publicly-Available Records Pursuant to FOIL Article 6 of the
Public Officers Law"
Exhibit M-2: October 2, 2008 letter from AG's Records Access Officer,
Amy Karp
Exhibit M-3: Sassower's September 29, 2008 letter to OCA Records
Access Officer/Deputy Counsel John
Eisman --"RE: Request for documents pursuant to 124 of the Rules of the Chief
Administrator &
FOIL, NYS Attorney General's representation of White Plains City Court Chief
Clerk Patricia Lupi"
Exhibit M-4: September 29, 2008 letter from OCA Deputy Counsel Eisman
Exhibit
N: Sassower's September 29, 2008 letter to Attorney General -- "RE:
Determining the 'interest of the
state', pursuant to Executive Law 63.1..."
Exhibit
O: Attorney General's notice of cross-motion & letter amending cross-motion
Exhibit P-1: Sassower's October 6, 2008 letter to District Executive
of the 9th Judicial District Tomme Berg --
"RE: Request for Publicly-Available Documents & Information, Including
Pursuant to 124 of the
Rules of the Chief Administrator -- (1) White Plains City Court Clerk's Office &
Chief Clerk;
(2) White Plains City Court Senior Judge; (3) Complaint Procedures -- Court
Clerks"
Exhibit P-2: October 6, 2008 letter from OCA Deputy Counsel Eiseman
Exhibit P-3: "Title Standard" for Court Clerk on OCA website
Exhibit Q:
Sassower's October 7, 2008 letter to Sclafani, etc.
Sassower's October 10, 2008 letter to Landlord/Tenant Clerk Rodriguez --
"RE: John McFadden v. Doris L. Sassower and Elena Sassower, White Plains
City Court #SP-651/89 & 'SP-2008-1474'"
Sclafani's October 14, 2008 letter to Landlord/Tenant Clerk Rodriguez --
"RE: John McFadden v. Doris L. Sassower and Elena Sassower"
Sassower's October 17, 2008 letter to Landlord/Tenant Clerk Rodriguez --
"RE: John McFadden v. Doris L. Sassower and Elena Sassower, White Plains
City Court #SP-651/89 & 'SP-2008-1474'"
FRAUDULENT DECISION #4:
October 14, 2008 decision & order of
White Plains City Court Judge Jo Ann Friia
-- John McFadden v. Doris L. Sassower and Elena
Sassower
"#SP-1474/08"
Sassower's October 16, 2008 notice of appeal, filed October 20, 2008
Sclafani's October 17, 2008 "notice of entry" for Judge Friia's October 14, 2008
decision & order
Attorney General's October 22, 2008 letter enclosing its October 21, 2008
"notice of entry" for Judge Friia's July 14, 2008 decision & order
The action continues at THE APPELLATE TERM:
click here
Sassower's October 17, 2008 letter to Chief Clerk Lupi -- "RE: Your Mandatory
Duties under Judiciary Law 255 and 255-b"
Sassower's December 1, 2008 letter to Chief Clerk Lupi --"RE: Your Mandatory
Duties under Judiciary Law 255 and 255-b"
DECEMBER 1, 2008 --
White Plains City Marshal's POSTED EVICTION NOTICE
with
City Court's JUDGMENT OF EVICTION
& Appellate Term order & decision
Sassower's March 17, 2009 letter to Chief Clerk Lupi -- "Review of Court
Files"
Sassower's April 23, 2009 motion to settle transcript of November 16, 2007 court
proceeding before Judge Friia
Exhibit A:
CD disk & transcript
Exhibit B:
Clerk's Returns on Appeals
Exhibit C:
Sassower's April 14, 2009 letter to Appellate Term Clerk
Sassower's August 19, 2009 letter to Judge Friia -- "RE: My
Motion to Settle November 16, 2007 transcript"
Judge Friia's August 20, 2009 decision
The action continues at THE APPELLATE TERM:
click here
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SEE ALSO:
The Corrupt Judicial Appointment Process to White Plains City Court
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