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Another Test Case: NY-(Landlord/Tenant)
APPELLATE DIVISION, SECOND JUDICIAL DEPARTMENT
*** Click
here for full record of the case:
in White Plains City Court
in the Appellate Term of the Appellate Division, Second
Department
Elena Sassower's October 4, 2010 motion for leave
to appeal to the Appellate Division, if not to appeal by right, &, if denied,
for leave to appeal to the Court of Appeals, & other relief
Exhibit
A-1: Appellate Term’s July 8, 2010 decision & order (purportedly by
Justices Molia & Iannacci, but not signed by them)
denying, inter alia, Sassower’s April 25, 2010 motion for their
disqualification
Exhibit
A-2: Appellate Term’s unsigned February 19, 2010 decision
(purportedly by Justices Molia & Iannacci) severing the first branch
of Sassower’s January 2, 2010 motion for Justice Molia’s disqualification and
referring it to Justice Molia (with accompanying order)
Exhibit
A-3: Appellate Term’s unsigned February 19, 2010 decision
(purportedly by Justice Molia) denying the disqualification branch
of Sassower’s January 2, 2010 motion for Justice Molia’s disqualification (with
accompanying order)
Exhibit B-1: White Plains City Court
Judge Hansbury’s signed but not entered October 11, 2007 decision/order
Exhibit
B-2: Judge Hansbury’s signed, but not entered January 29, 2008
decision/order, denying, inter alia, the first branch of Sassower’s
November 9, 2007 order to show cause for his disqualification, but thereupon
sua sponte recusing himself
Exhibit
C-1: White Plains City Court Judge Friia’s signed, but not entered
July 3, 2008 decision/order
Exhibit
C-2: Judge Friia’s July 21, 2008 signed hand-written notation on the
face of Sassower’s July 18, 2008 order to show cause
for her disqualification & other
relief, denying it without signing it
Exhibit C-3a: Judge Friia’s July 21, 2008 signed, but not entered
judgment of eviction
Exhibit C-3b: White Plains City Court Clerk’s handwritten entry, faxed to
Appellate Term on October 23, 2008, back-dated to July 21, 2008
Exhibit
C-4: Judge Friia’s July 21, 2008 signed, but not entered
warrant of removal
Exhibit
C-5: Judge Friia’s signed, but not entered October 14, 2008
decision/order
Exhibit
D: Brennan Center’s article “Invigorating
Judicial Disqualification: Ten Potential Reforms”,
Judicature, Vol. 92, #1 (July-August 2008)
Exhibit
E: ABA Standing Committee on Judicial Independence: pages 1, 2 from
draft report and recommendation; flier for its August 7, 2010 program
“Judicial Disqualification Forum: Finding Prompt and Meaningful Solutions for
State Judiciaries”
Exhibit F: “Recusal
and Recompense: Amending New York Recusal Law in Light of the Judicial Pay Raise
Controversy”,
57 Buffalo Law Review 1597
(Dec. 2009), Jeffrey Fiut
Exhibit
G: People v. Ventura, 17 Misc. 3d 1132A (Westbury Village
Court-Thomas F. Liotti, 2007)
FOLDER #1
Sassower's April 25, 2010 motion to disqualify Justice Angela G. Iannacci, & other relief
Exhibit L-1: unsigned February 19, 2010 decision of Justices Molia and
Iannacci severing and referring for Justice Molia's determination the first branch
of Sassower's January 2, 2010 motion for her disqualification and denying its other branches
Exhibit L-2: February 19, 2010 order, signed by Chief Clerk Kenny
Exhibit L-3: unsigned February 19, 2010 decision of Justice Molia denying the first branch of Sassower's January 2, 2010 motion for her disqualification
Exhibit L-4: February 19, 2010 order, unsigned by Justice Molia
Exhibit M-1: unsigned February 23, 2010 decision of Justices Molia & Iannacci
determining appeal #2009-148-WC
Exhibit M-2: February 23, 2010 order on appeal #2009-148-WC, unsigned except for Clerk Kenny's stamped signature for entry
Exhibit N-1: unsigned February 23, 2010 decision of Justices Molia & Iannacci determining appeal #2008-1427-WC
Exhibit N-2: February 23, 2010 order on appeal #2008-1427-WC, unsigned except for Clerk Kenny's stamped signature for entry
Exhibit O-1: unsigned February 23, 2010 decision of Justices Molia & Iannacci
determining appeals #2008-1433-WC & 2008-1428-WC
Exhibit O-2: February 23, 2010 order on appeal #2008-1433-WC, unsigned except for Clerk Kenny's stamped signature for entry
Exhibit P: Sassower's February 25, 2010 letter to Chief Clerk Kenny
Exhibit Q: Sassower's March 1, 2010 letter to Chief Clerk Kenny
Exhibit R: Sassower's March 1, 2010 letter to Chief Clerk Kenny
Exhibit S: Sassower's March 4, 2010 letter to Chief Clerk
Exhibit T: Sassower's March 5, 2010 letter to Chief Clerk Kenny
Exhibit U: Sassower's March 12, 2010 letter to Chief Clerk Kenny
Exhibit V: Clerk Kenny's March 16, 2010 letter to Sassower
Exhibit W-1: Sassower's March 18, 2010 letter to Chief Clerk Kenny
Exhibit W-2: Sassower's March 23, 2010 letter to Chief Clerk Kenny
FOLDER #2:
Sassower's January 2, 2010 motion to disqualify Justice Denise F. Molia &
other
relief
Exhibit A-1: Sassower's December 16, 2009 letter to Chief Clerk Kenny -- "Request for Video
of December 16, 2009 oral argument"
Exhibit A-2: Chief Clerk Kenny's December 17,
2009 letter
Exhibit B-1: Sassower's Appellant's Brief
"Introduction" & "Conclusion" -- #2008-1433-WC
Exhibit B-2: Sassower's Reply Brief:
"Introduction & Conclusion" -- #2008-1433-WC
Exhibit C-1: Sassower's Appellant's Brief:
"Introduction" & "Conclusion" -- #2008-1428-WC
Exhibit C-2: Sassower's Reply Brief:
"Introduction" & "Conclusion" -- #2008-1428-WC
Exhibit D-1: Sassower's Appellant's Brief:
"Introduction" & "Conclusion" --
#2008-1427-WC & #2009-148-WC
Exhibit D-2: Sassower's Reply Brief:
"Introduction" & Conclusion" -- #2008-1427-WC & #2009-148-WC
Exhibit D-3: Sassower's July 16, 2008 letter to
Chief Clerk Kenny
Exhibit D-4: Chief Clerk Kenny's July 17, 2009
order on application
Exhibit E: Appellate Term
postcards of oral argument
Exhibit F-1: Appellate Term's undated [October 1,
2008] decision [McCabe, Tanenbaum, Molia]
Exhibit F-2: Appellate Term's undated [October 1,
2008] order [McCabe, Tanenbaum, Molia]
Exhibit G: Sassower's October 15,
2008 order to show cause for reargument/renewal & other relief
Exhibit H-1: Appellate Term's November 26, 2008
decision [McCabe, Tanenbaum, Molia]
Exhibit H-2: Appellate Term's November 26, 2008
order
Exhibit I-1: Appellate Term's June 22, 2008
decision
[Rudolph, Molia, with Scheinkman "taking no part"]
Exhibit I-2: Appellate Term's June 22, 2008 order
Exhibit J: Sassower's June 1, 2008
letter to Chief Clerk Kenny
Encl #1: Sassower's May 15, 2008 letter to Chief Clerk Kenny
Encl #2: Sclafani's May 26, 2008 affirmation
Exhibit K: CJA's February 9, 2000 letter of
opposition to designation of Supreme Court
Justice Kenneth Rudolph to the Appellate Division
FOLDER #3:
Sassower's November 8, 2007 order to show cause to disqualify Judge Brian
Hansbury & other relief -- which Judge Hansbury signed, November 9, 2007
Exhibit GG: October 19, 2007 trial notice from the Clerk's Office
Exhibit HH: October 11, 2007 decision & order
Exhibit II: October 23, 2007 notice of disposition of complaint by NYS
Rent Administration/
Division of Housing
Sassower's November 8, 2007 memorandum of law to disqualify Judge
Hansbury & for disclosure
FOLDER #4:
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
Sassower's October 12, 2010 Request for Appellate Division Intervention
Appellate Division's October 13, 2010 letter --- assigned docket #:
2010-09890
Attorney General's October 14, 2010 letter to Appellate Division
Appellate Division's October 21, 2010 letter --
assigned docket #: 2010-09890
Sclafani's October 21, 2010 opposing affirmation
Appellate Division's November 26, 2010 "Decision & Order on Motion"
(Justices
Peter B. Skelos, JP,
Randall T. Eng,
L. Priscilla Hall,
Plumber E. Lott)
Elena Sassower's June 14, 2011 motion for reargument
Exhibit A: Appellate Division, Second Department’s November 26, 2010
decision & order on motion, signed by Clerk Matthew G. Kiernan
Exhibit B: March 16, 2011 letter to Appellate Division Justices
Skelos, Eng, Hall, and Lott
Exhibit C: October 4, 2010 Request for Appellate Division Intervention
Exhibit D:
June 14, 2010 letter to Chief Administrative Judge Ann Pfau
ATTACHMENTS:
(1)
December 7, 2007
and September 23, 2008 Administrative Orders
(2) "Introduction” &
"Questions Presented" from appellant’s three appeal briefs
#1;
#2;
#3 & #4;
(4)
May
23, 2011 letter to Governor Cuomo, Temporary Senate President Skelos, Assembly
Speaker Silver, Chief Judge Lippman
Elena Sassower's June 27, 2011 memo to Sclafani, Attorney General --
"RE: Return Date on Reargument Motion in Appellate Division"
Scalfani's June 29, 2011affirmation in opposition
Elena Sassower's July 1, 2011 letter to Appellate Division, Second Department
Clerk Matthew G. Kiernan -- "RE: Untimely Opposing Affirmation; Right of
Reply"
Elena Sassower's July 29, 2011 affidavit in reply & in further support of
reargument motion
Exhibit E: Elena Sassower’s July 1, 2011 letter to Appellate Division,
Second Department
Clerk Matthew G. Kiernan
Exhibit F: Resolution of the ABA Standing Committee on Judicial
Independence, to be
Presented to the ABA House of Delegates at its August 2011 Annual Meeting
Exhibit G-1: Chief Administrative Judge Ann Pfau’s June 16, 2011 letter
Exhibit G-2: Commission on Judicial Conduct’s June 29, 2011
acknowledgment letter
Exhibit G-3: Elena Sassower’s June 14, 2011 letter to Appellate Division
Presiding Justice
Gail Prudenti
Appellate Division's August 24, 2011 decision & order on motion
(Justices
Peter B. Skelos, JP,
Randall T. Eng,
L. Priscilla Hall,
Plumber E. Lott)
STAY TUNED! This important case establishing the worthlessness of judicial
disqualification/disclosure provisions at the hands of corrupt judges IS
NOT OVER ...
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