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Appellants' August 8, 2019 Motion to Strike as "Fraud
on the Court",
to Disqualify the Attorney General, & Other Relief
* * *
ESTABLISHING A.G. JAMES'
KNOWLEDGE --
Appellants' July 3, 2019 e-mail
--
“NOTICE: Your Fraudulent
Opposition to
Appellants’ May 31, 2019 & June 6, 2019 Motions...
Attention Required by Attorney General James, Personally”
Appellants' August 9, 2019 e-mail to James, etc --
"...FURTHER NOTICE TO ATTORNEY GENERAL JAMES"
* * *
August 9, 2019 affidavit of service
receipt
* * *
August
8, 2019 Motion to Strike
as "Fraud on the
Court", to Disqualify the Attorney General,
& Other Relief
Exhibit A-1: Appellants’ July 3, 2019 e-mail (9:47 am)
to Solicitor General
Underwood, Asst. Solicitor General Paladino, & Asst. Solicitor General
Brodie – “NOTICE: Your Fraudulent Opposition to Appellants’ May 31,
2019 & June 6, 2019 Motions – CJA v. Cuomo Citizen-Taxpayer Action –
Attention Required by Attorney General James, Personally”
Exhibit A-2: Asst. Solicitor General Brodie’s July 3,
2019 e-mail (11:18 am),
with cc
to Asst. Solicitor General Paladino – “RE:
NOTICE…”
Exhibit A-3: Appellants’ July 3, 2019 e-mail (11:35
am) to Asst. Solicitor General
Brodie, with cc to Solicitor General Underwood & Asst. Solicitor General
Brodie – “Follow-Up: NOTICE…”
Exhibit A-4: Asst. Solicitor General Brodie’s July 3,
2019 e-mail (12:25 pm),
with cc
to Asst. Solicitor General Paladino – “RE: Follow-Up: NOTICE…”
Exhibit B:
Appellants’ “Legal Autopsy”/Analysis of the Attorney General’s June 27,
2019 “Memorandum in Opposition to Motions for (i) Leave to Appeal;
and (ii) Reargument/Renewal and Other Relief”
Exhibit C:
Appellants’ April 11, 2019 letter to Court Clerk Asiello –
“RE: Aiding the Court in Protecting Itself & Appellants’ Appeal of Right
from the Litigation Fraud of the New York State Attorney General”
Exhibit D: Appellants’ March 26, 2019 letter to
Court Clerk Asiello –
“RE: In Support of Appeal of Right: NYS Constitution, Article VI,
§3(b)(1);
CPLR §5601(b)(1)” (w/o Exhibit C)
Ex. A: dissent of then Appellate Division Justice Fahey
in St. Joseph Hospital v. Novello, 43 AD3d 139, 148 (2007)
Ex. B: appellants’ ninth cause of action –
“Three-Men-in-a-Room
Budget Dealmaking is Unconstitutional,
As Unwritten and As Applied”.
Exhibit E: Appellants’ “Legal Autopsy”/Analysis
of the Appellate Division’s
December 27, 2018 Memorandum and Order (w/o exhibits)
CITED AUTHORITIES -- NOTICE OF MOTION
CDR Creances SAS v. Cohen, et al.,
25 NY3d 307 (2014)
Matter of Rowe,
80 NY2d 336 (1992)
Greene v.
Greene,
47 NY2d 447, 451 (1979)
Rules of the
Chief Administrative Judge --22 NYCRR §130-1.1
Matter of AG
Ship Maintenance Corp v. Lezak,
69 NY2d 1 (1986)
Judiciary Law §487
Amalfitano v. Rosenberg
12 NY3d 8 (2009)
§100.3D(2) of the Rules of the Chief
Administrative Judge
Governing
Judicial Conduct
"The
Judge's Role in the Enforcement of Ethics -- Fear and Learning in the
Profession"
Santa Clara Law Review: Vol. 22 (1982)
NEW YORK RULES OF PROFESSIONAL CONDUCT -- INCLUDING
Rule
1.7 -- "Conflict of Interest: Current Clients"
Rule 3.1 --
“Non-Meritorious Claims and Contentions”
Rule 3.3 --
“Conduct Before A Tribunal”
Rule 8.4 --“Misconduct”
Rule 5.1 --“Responsibilities of Law Firms,
Partners, Managers and Supervisory Lawyers”
Rule 5.2 --“Responsibilities of a Subordinate
Lawyer”
PENAL LAW VIOLATIONS -- INCLUDING
Penal Law §175.35
“offering a false instrument for filing in
the first degree”
Penal Law §195
“official misconduct”
Penal Law §496.05
“Corrupting the government in the first degree”
Penal Law §496.06
"Public corruption"
"PUBLIC TRUST ACT"
Penal Law §195.20
“defrauding the government”
Penal
Law §190.65
“scheme to defraud in the first degree”
Penal
Law §155.42
“grand larceny in the first degree”
Penal Law §105.15
"conspiracy in the second degree"
Penal Law
§20.00
"Criminal liability for conduct of another"
Article XIII, §5
of the New York State Constitution:
"Provision shall be made by law for the removal for misconduct or
malversation in office
of all officers, except judicial, whose powers
and duties are not local or legislative
and who shall be elected at
general elections,
and also for supplying vacancies created by such
removal."
NYS Criminal Defense Lawyers Association v. Kaye
95 N.Y.2d 556 (2000)
Stump v.
Sparkman
435 U.S. 349, 358 (1978)
click here for:
Record:
New York Court of Appeals
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