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ILLUSTRATIVE ATTEMPTED APPEALS TO NY COURT
OF APPEALS BY DISCIPLINED ATTORNEYS
NORMAN
LEONARD COUSINS
#1: Attempted Appeal of Right:
Cousins' December 1, 2010 notice of appeal
DDC's December 15, 2010 letter to Court of Appeals Clerk
Cousins' December 19, 2010 letter
AG's December 23, 2010 letter
Court of Appeals' February 22, 2011 decision/order
#2: Attempted Appeal by Leave:
Cousins' March 19, 2011 notice of motion
Exhibit 1 -
Musto v. Board of Trustees, 9 N.J.A.R. 90
(Office of Administrative Law 1985, aff’d App. Div., A-5740-84,
4/18/86) (Thomas A. DeClemente for petitioner)
Exhibit 2 -
Scarafile v. Board of Trustees, 9
N.J.A.R. 120 (Office of Administrative Law March 17, 1986) (Thomas A.
DeClemente for petitioner)
Exhibit 3 - May 26, 2000
Indictment of Thomas A. DeClemente for forgery and real estate fraud (Bergen
County Law Division Indictment No. 00-05-1059-I)
Exhibit 4 - September
16, 2003 Decision & Order In the Matter of Sciuto, D-193 Supreme
Court of New Jersey
Exhibit 5 -
January 5, 2004 Decision & Order of Hon. Alan B.
Weiss (filed January 7, 2004) denying defendants’ motion to disqualify
plaintiff’s counsel and documenting DeClemente’s transgressions in
Brandes v. North Shore University Hospital and
Veneski v. Queens-Long Island Medical Group,
P.C.
Exhibit 6 - February 14, 2005
Memorandum & Order of Hon. A. Richard Caputo, USDJ denying DeClemente’s
motion to stay the action he brought against Kevin & Juanita Veneski in the
United States District Court for the Middle District of Pennsylvania
Exhibit
7-a - February 1, 2006 Notice
of Motion for Increased Compensation
Exhibit 7-b - covering letter to the Veneskis
Exhibit 8 - March
30, 2006 Disciplinary Complaint against Thomas A. DeClemente in Office of
Attorney Ethics v. Thomas A. DeClemente (Docket No. XIV-2000-00 21E and
XIV-2000-0102E)
Exhibit 9 -
July 5, 2006 transcript of Justice Sherry Klein Heitler’s telephone
conversation with Thomas A. DeClemente and reference to an earlier ex
parte conversation between Justice Heitler and DeClemente
Exhibit 10 -
September 7, 2006 Judicial Ethics Opinion 06-107
bearing the name “Hon. Sherry Klein Heitler” in the upper left hand corner
and requiring Justice Heitler to recuse herself from any further involvement
in the Veneski case
Exhibit 11 - September 12,
2006 Memorandum & Order of Hon. A. Richard Caputo, USDJ granting Norman
Leonard Cousins’ motion to dismiss or for summary judgment dismissing
DeClemente’s complaint against Juanita Veneski in its entirety and
dismissing all DeClemente’s fraud claims against Kevin Veneski
Exhibit 12 -
Justice Sherry Klein
Heitler’s January 31, 2007 letter of referral of Norman Leonard Cousins to
the Departmental Disciplinary Committee for the First Judicial Department
Exhibit 13 - July 24, 2007
Transcript of Oral Argument before Justice Heitler confirming the Court’s
failure to advise the parties of her disqualification and obligation to
recuse herself from any further involvement in the Veneski case
(including the hearing of counsel’s motion for renewal & reargument of his
previous motion for increased compensation pursuant to Judiciary Law §
474-a[4])
Exhibit 14-a - May 2 and 23,
2008 Appearances and request for IOLA statements from January 2003 to May 2,
2008 at Norman Leonard Cousins’ deposition at the DDC offices at 61 Broadway
Exhibit 14-b
Exhibit 15-a - May 30, 2008
Order of Dismissal of DeClemente’s action against the Veneskis in
Pennsylvania
Exhibit 15-b -September 8, 2008 letter confirming dismissal or
discontinuance of all DeClemente’s claims against the Veneskis in New Jersey
Exhibit 15-c -
September 10, 2008 letter confirming dismissal or discontinuance of all
DeClemente’s claims against the Veneskis in New Jersey
Exhibit 16 - June 8, 2009
testimony of Martin R. Gold and Chief Counsel Alan W. Friedberg before the
New York State Senate Standing Committee on [the] Judiciary on behalf of the
Departmental Disciplinary Committee for the First Judicial Department
Exhibit 17 - August 25, 2009
Decision of the Disciplinary Review Board In the Matter of Thomas A.
DeClemente an Attorney at Law
Exhibit 18 -
January 19, 2010 Order of the
Supreme Court of New Jersey (filed January 22, 2010) adopting the Findings
and Recommendations of the Disciplinary Review Board and suspending Thomas
A. DeClemente from the Practice of Law
Exhibit 19 -
October 19, 2010
Orders of the Appellate Division, First Department Disbarring Respondent
from the Practice of Law
Exhibit 20 -
November 11, 2010
response of Norman Leonard Cousins to the Lawyers’ Fund for Client
Protection of the State of New York
Exhibit 21 - February 17,
2011 Order of the Appellate Division, First Department denying Respondent’s
Motion for Reargument or, in the alternative, for Leave to Appeal to the
Court of Appeals
Exhibit 22 -
February 22, 2011 Decision & Order of the Court
of Appeals of New York dismissing Respondent’s appeal as of right sua
sponte upon the ground that no substantial constitutional question is
directly involved
DDC's April 7, 2011 affirmation in opposition
Court of Appeals' May 10, 2011 decision/order
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