 BUSH APPOINTEE in Northern District of New York, Deals Right to Dissent a Death Blow! |
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| BUSH APPOINTEE in Northern District of New York, Deals Right to Dissent a Death Blow! |
 Dec 7 2006, 04:34 PM
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#1301
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Advanced Member  Group: Subscribing Member Posts: 49,421 Joined: 5-November 04 Member No.: 219  |
After that hearing last night ....
On the mining issues .... One of the other people who was there was commenting to me afterwards ..... About how few people of the large crowd that was there .... Actually got up to speak ..... And of course .... FEAR is a factor ..... People up here who know about the PSYCHIATRIC TAKEDOWN ..... And that is most everyone who was at this particular hearing .... DO NOT WANT TO BE NEXT .... And so .... The way not to be next ... Is to simply stay silent ..... And last night ..... Many people did exactly that ..... FOR THAT EXACT REASON .... BUT .... It does not end there .... People also do not speak .... BECAUSE THEY KNOW NOTHING ABOUT THEIR OWN GOVERNMENT .... OR THEIR OWN CONSTITUTION .... OR THEIR OWN LAWS .... Because to be an American citizen .... All you have to do .... Is to be born here .... AND IT IS "FAT CITY", AFTER THAT .... Somebody is always there to do something for you ..... And if you get "into trouble" ... A lawyer will get you back out ..... AND THERE, AMERICA .... IS WHY ANOTHER PART OF THAT GROUP WAS SILENT, LAST NIGHT .... BECAUSE THEY DID GET INVOLVED WITH A LAWYER .... And once you do ... YOUR PERSONAL RIGHT TO SPEAK ..... IS STRIPPED FROM YOU .... IN THESE TYPES OF PROCEEDINGS .... Where you are now "represented" .... And so .... And what these people did .... Was to involve themselves with the very lawyer who was the chief counsel for the New York State Department of Environmental Conservation .... WHEN IT "NEGOTIATED" THE ESCAPA COVENANT ..... And what this lawyer did .... Was to bring a NUISANCE SUIT ..... In the names of these people .... Against this same TROY SAND AND GRAVEL COMPANY .... WHICH IS A MEMBER OF ESCAPA .... AND THE NUISANCE SUIT WAS A LITERAL "SLAM-DUNK" ..... TROY SAND AND GRAVEL HAVING QUITE A LONG "RAP SHEET", AS IT WERE .... OF ON-GOING PERMIT VIOLATIONS ..... AND WHEN THE CASE WAS MADE .... AND THIS IS WHERE IT GETS MURKY ..... SOMEHOW .... INSTEAD OF FOLLOWING THROUGH WITH A TRIAL .... FOR DAMAGES ..... THIS LAWYER .... THE EX-DEC CHIEF COUNSEL WHO HAD PREVIOUSLY NEGOTIATED THE VERY SAME ESCAPA COVENANT ..... WHICH WAS ALLOWING TROY SAND AND GRAVEL TO VIOLATE ITS PERMIT CONDITIONS WITH LITERAL IMPUNITY .... MADE A DEAL WITH TROY SAND AND GRAVEL .... IN THE NAME OF THESE PEOPLE .... WHO WERE BOUND BY THE DEAL .... TO TURN THESE PEOPLES' LIST OF GRIEVANCES .... OVER TO TROY SAND AND GRAVEL'S "EXPERT" .... FOR EVALUATION ... INSTEAD OF TO A JURY .... AND THE "EXPERT" .... SPECTRA .... ALSO A MEMBER OF ESCAPA ..... CAME BACK AND SAID .... BASED UPON ITS "REVIEW" ..... THAT ALL OF THE CITIZENS' GRIEVANCES .... WERE WITHOUT SUBSTANCE ..... SURPRISE, SURPRISE .... AND THE LAWYER FOR THESE PEOPLE ALLOWED THAT TO HAPPEN .... WITH NO CHALLENGE ... AND THUS ..... HE "THREW" THEIR CASE .... AND THE COURT UPHELD TROY SAND AND GRAVEL .... BASED UPON THEIR EXPERT .... WHO THE PEOPLES' LAWYER NEVER TRIED TO DISPUTE .... And so .... Now .... These people are screwed ..... THEY GAVE THEIR RIGHTS TO A LAWYER .... ALONG WITH MANY THOUSANDS OF DOLLARS ..... AND HE DISCREDITED THEM .... ON THE RECORD ..... And now .... They cannot speak ..... In a DEC PUBLIC HEARING .... BECAUSE THEY HAVE BEEN "PROVEN" ..... TO BE "LIARS" .... BY THEIR OWN LAWYER .... WHO SOLD THEM OUT .... AS I HAVE PERSONALLY WITNESSED MANY LAWYERS DO .... AND THEY DO THIS WITH IMPUNITY .... BECAUSE .... THERE IS NO RECOURSE ..... THE BAR ASSOCIATION DOES NOT CARE WHAT HAPPENS TO A CITIZEN .... THEY ARE NOT THERE .... TO PREVENT LAWYERS FROM SCREWING PEOPLE .... BY THROWING CASES ..... THE BAR ASSOCIATION .... IS .... THE LAWYER'S "UNION" ..... AND LIKE ANY UNION .... THE LAWYER'S UNION ... IS THERE TO KEEP ITS MEMBERSHIP WORKING .... RAKING IN THE BUCKS .... SO THAT THEY CAN PAY THEIR DUES .... AND HOW THE BAR ASSOCIATION DOES THAT ..... IS BY CLOSING OFF ACCESS TO OUR COURTS .... TO US ..... HAVING THEIR MEMBERS WHO ARE JUDGES SEALING OFF THE ACCESS DOORS .... UNLESS WE PAY SOME EXTORTION MONEY ..... TO A MEMBER OF THE NEW YORK STATE BAR ASSOCIATION ..... WHICH EXTORTION GUARANTEES NOTHING AT ALL ..... ESPECIALLY THAT THIS EXTORTION ARTIST WILL NOT SELL YOU OUT ..... AT THE DROP OF A HAT .... AFTER ..... THE EXTORTION ARTIST HAS CLIPPED YOU .... FOR WHAT HE OR SHE FEELS YOU ARE WORTH .... WHICH MIGHT JUST BE YOUR HOME AND PROPERTY .... And so .... |
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Dec 8 2006, 07:01 AM
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#1302
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Advanced Member Group: Subscribing Member Posts: 49,421 Joined: 5-November 04 Member No.: 219 |
QUOTE(Livyjr @ Feb 8 2006 @ 06:52 PM) Back in early-2004, the Albany, New York Times Union newspaper contacted the PLAINTIFF in this matter ... And in that telephone call .... The Times Union informed the PLAINTIFF that it was going to do a story on litigants who were going to court without lawyers .... And would the PLAINTIFF consent to being a part of that story .... Which he did .... And that story by Michelle Morgan Bolton ran on the front page of the local section on Sunday, February 8, 2004 with a picture of the PLAINTIFF sitting behind a stack of law books, and the caption "PLAINTIFF of Poestenkill uses his own legal knowledge to successfully fight zoning and other issues in court" ... And a second picture at page 4 with the caption "PLAINTIFF looks through his legal books at his home in Poestenkill. PLAINTIFF has not used an attorney in 15 years." All of which caused the local BAR ASSOCIATION to get quite surly and snippy ..... "WE DON'T LIKE SEEING PICTURES OF YOU IN THE NEWSPAPER WITH YOUR LEGAL BOOKS ...." The story ran in relevant part as follows: Everyone has a right to legal representation. But a growing number of civil and criminal litigants are choosing to defend themselves, citing a shortage of cash, mistrust of lawyers or a misplaced belief - based on popular courtroom drama - that they can swing it on their own. A 1999 survey from the National Center for the State Courts in Virginia found that 58 percent of Americans believe they could represent themselves in court if necessary. Such pro se representation - Latin for "on one's own behalf" - is most often seen on the civil side, involving marital or tenant/landlord disputes and traffic violations. Statistics show, for example, that 85 percent of all tenant/landlord cases are unrepresented in New York. That number is attracting attention by lawyers, state officials and advocates who worry that justice can't be served when inexperienced people navigate the legal system on their own, especially in criminal cases. "Someone with access to a lawyer can win by making it impossible for the other partner to be in the game,"' Albany Law School professor Laurie Shanks said. "In most criminal cases, the individual is told he will held to the standard as an attorney." "But that is like putting someone who has never seen a football game on the field and saying, 'O.K., now play by the rules'." It's a process set up by lawyers for lawyers, she said. New York is working on a number of initiatives to even the playing field for pro se defendants, she said. And it's also pondering the relatively new concept of allowing attorneys to offer a la carte services, a philosophy described as "unbundling". "I WOULD NOT GO TO COURT WITHOUT A LAWYER," added state Deputy Administrative Judge Juanita Bing Newton, who heads up Justice Initiatives for the Unified Court System. "AND I AM CERTAINLY NOT AN ADVOCATE OF PEOPLE REPRESENTING THEMSELVES." Yet because more and more of the "working poor" are opting to do just that, New York has a responsibility to make sure they get help, she said. "When you tell a litigant he will be held to the rules of evidence, you may as well be saying 'blah, blah, blah, blah'," Newton said. "We need to give them tools in a system that is very complex." QUOTE(Livyjr @ Dec 7 2006, 03:56 PM) This statement .... By this New York State Deputy Administrative Judge Juanita Bing Newton ..... That the "system is very complex" ..... IS NOT A TRUE STATEMENT .... And that is a part of why this thread is still running .... After all this time .... AND THE OBVIOUS FALSITY OF THAT STATEMENT ..... BY A JUDGE ..... Is a big part of what this thread is all about .... JUDGES WHO CAN AND WILL LIE .... TO US ..... THE CITIZENS OF THE UNITED STATES OF AMERICA .... OF WHOSE GOVERNMENT ... THESE JUDGES ARE BUT A PART ..... OUR GOVERNMENT .... Except .... To quote Tocqueville: "I am not so much alarmed at the excessive liberty which reigns in that country as at the inadequate securities which one finds there against tyranny." AND THERE IS WHERE WE HAVE GOTTEN TO, TODAY .... At least up here .... In the State of New York .... WHERE OUR COURTS .... AND THEREFORE ..... OUR MEANS .... TO VINDICATE OUR RIGHTS ...... ARE BEING TAKEN AWAY FROM US ..... Not by some foreign band of terrorists .... BUT BY WHAT WE CALL UP HERE .... THE "LAWYER'S MAFIA" .... OF WHICH .... THIS JUANITA BING NEWTON WAS ONE .... BEFORE ..... SHE BECAME A NEW YORK STATE JUDGE ..... WHERE SHE IS NOW WORKING AGAINST OUR INTERESTS .... AS CITIZENS OF THIS STATE .... WHO HAVE THE RIGHT .... TO GO TO COURT ... WITHOUT ..... HAVING TO PAY EXTORTION .... TO SOME MEMBER OF THE NEW YORK STATE BAR ASSOCIATION .... IN ORDER TO HAVE OUR GRIEVANCES AIRED ..... And that is another issue that this thread is covering ......... A parallel issue to be sure .... And so .....  I am an American citizen .... AND I BELIEVE IN THE "LAW" .... As it is written ...... And with respect to this "right to counsel" issue .... Here in the State of New York .... The "LAW" ..... Which is not this Laurie Shanks, the law school professor .... Or this Juanita Bing Newton, the administrative judge .... BUT THE LAW AS WRITTEN ..... That being the New York State Criminal Procedure Law .... Has this to say .... IN VERY SIMPLE AND NON-COMPLEX WORDING ...... ABOUT WHAT THE "LAW" REALLY DOES REQUIRE .... IN THE STATE OF NEW YORK .... WHEN IT COMES TO THE RIGHTS OF AN AMERICAN CITIZEN UP HERE .... TO DEFEND HIM OR HERSELF .... WITHOUT HAVING TO PAY EXTORTIONATE RATES ..... TO SOME MEMBER OF THE NEW YORK STATE BAR ASSOCIATION ..... WHO IS JUST AS LIKELY TO SELL OUT THE CITIZEN .... AS NOT .... And so .... NEW YORK STATE CRIMINAL PROCEDURE LAW - ARTICLE 170--PROCEEDINGS UPON INFORMATION, SIMPLIFIED TRAFFIC INFORMATION, PROSECUTOR`S INFORMATION AND MISDEMEANOR COMPLAINT FROM ARRAIGNMENT TO PLEA S 170.10 Arraignment upon information, simplified traffic information, prosecutor`s information or misdemeanor complaint; defendant`s presence, defendant`s rights, court`s instructions and bail matters. 3. The defendant has the right to the aid of counsel at the arraignment and at every subsequent stage of the action. If he appears upon such arraignment without counsel, he has the following rights: (a) To an adjournment for the purpose of obtaining counsel; and (b) To communicate, free of charge, by letter or by telephone, for the purposes of obtaining counsel and informing a relative or friend that he has been charged with an offense; and © To have counsel assigned by the court if he is financially unable to obtain the same; except that this paragraph does not apply where the accusatory instrument charges a traffic infraction or infractions only. 4. Except as provided in subdivision five, the court must inform the defendant: (a) Of his rights as prescribed in subdivision three; and the court must not only accord him opportunity to exercise such rights but must itself take such affirmative action as is necessary to effectuate them ...... SO ..... The defendant has the right ..... To the AID .... Of counsel ..... At the arraignment ..... And ..... At every subsequent stage of the action. Now .... As an American citizen ..... I say ... THAT THAT IS THE LAW .... "THE RIGHT TO AID OF COUNSEL ..." WHICH IS NOT AT ALL A REQUIREMENT OF COUNSEL .... NOR AN OBLIGATION ... TO HAVE TO SURRENDER ONE'S RIGHTS .... TO A MEMBER OF THE NEW YORK STATE BAR .... DESPITE ANY OPINIONS JUDGE JUANITA BING NEWTON MIGHT HAVE .... TO THE CONTRARY .... And it is the law .... Not because I say it is .... Or Laurie Shanks from Albany Law School .... Or Juanita Bing Newton ..... BUT BECAUSE OUR NEW YORK STATE LEGISLATURE SAYS IT IS THE LAW .... IN THE STATE OF NEW YORK .... Not in any other state, of course .... All of which have their own value systems .... Which may vary greatly from that of the State of New York .... BUT NO MATTER .... That is the law here .... And when this administrative judge Juanita Bing Newton .... Is saying .... Very publicly ... In the pages of the Albany, New York Times Union .... "AND I AM CERTAINLY NOT AN ADVOCATE OF PEOPLE REPRESENTING THEMSELVES." What she appears to be doing .... IS REPUDIATING THE VERY LAW IN THE STATE OF NEW YORK AS WRITTEN .... WHICH SHE HAS AN AFFIRMATIVE DUTY TO BE UPHOLDING .... WHICH IS A PROBLEM THAT WE ARE HAVING UP HERE WITH JUDGES .... HAVING THEM MAKE A MOCKERY .... OF OUR LAWS .... And especially that sub-section of the New York State Criminal Procedure Law above here which places an affirmative duty ON THE JUDGE .... TO SEE THAT THE INDIVIDUAL'S RIGHTS WITH RESPECT TO PROCEEDING WITHOUT COUNSEL ..... REMAIN UNTRAMPLED ON ..... BY THE PREDATORY MEMBERS OF THE NEW YORK STATE BAR ASSOCIATION ... Except as provided in subdivision five, the court must inform the defendant: (a) Of his rights as prescribed in subdivision three; and the court must not only accord him opportunity to exercise such rights but must itself take such affirmative action as is necessary to effectuate them ..... THE COURT .... WHICH IS TO SAY ... JUDGE JUANITA BING NEWTON .... MUST ITSELF .... TAKE SUCH AFFIRMATIVE ACTION ... AS IS NECESSARY .... TO EFFECT THE RIGHTS OF THE AMERICAN CITIZEN .... And yet ..... As is quite obvious from these words of judge Juanita Bing Newton ..... "AND I AM CERTAINLY NOT AN ADVOCATE OF PEOPLE REPRESENTING THEMSELVES." THERE IS AN OBVIOUS BIAS HERE ..... ON HER PART .... AND AMERICA ...... THERE IS WHERE THE PROBLEM REALLY STARTS .... NOT WITH THE ALLEGED "COMPLEXITY" OF THE "SYSTEM" ..... BECAUSE THE LAW ITSELF IS REALLY QUITE SIMPLE AND EASY TO UNDERSTAND .... BY INTENT AND DESIGN ..... BUT WITH THOSE ... LIKE JUANITA BING NEWTON .... WHO HAVE BEEN PLACED IN CHARGE OF THE ADMINISTRATION OF OUR LAW SYSTEM UP HERE .... And so .... |
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Dec 11 2006, 06:57 PM
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#1303
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Advanced Member Group: Subscribing Member Posts: 49,421 Joined: 5-November 04 Member No.: 219 |
I am a combat veteran, myself ....
Twice wounded .... And I believe in OUR system of law .... Here in OUR America ..... Because I have been in a place without law .... And I did not like what I saw "in there" .... Nor do I wish that experience on anyone .... And so .... BECAUSE OF THAT .... I believe in the law ..... And as an American citizen .... As someone who has taken an oath to protect and defend OUR United States Constitution .... And it is OURS ..... NOT GEORGE W. BUSH'S CONSTITUTION ..... NOT FEDERAL DISTRICT COURT JUDGE GARY L. SHARPE'S CONSTITUTION .... NOT NEW YORK STATE ADMINISTRATIVE JUDGE JUANITA BING NEWTON'S CONSTITUTION .... NOR THE NEW YORK STATE BAR ASSOCIATION'S CONSTITUTION ..... BUT OURS .... I believe .... That INTEGRITY is the foundation of OUR civilization ..... Allowing people to live, work, and play side by side .... Without fear or apprehension ...... AND WHEN INTEGRITY IS GONE .... WHEN INTEGRITY IS LITERALLY STAMPED OUT .... SUPPRESSED .... CRUSHED .... BY THREATS .... AND INTIMIDATION .... AND FORCE .... AS IT WAS IN THIS CASE .... BY WHAT PURPORTS TO BE THE "STATE OF NEW YORK" .... WITH THE CONSENT OF THE UNITED STATES OF AMERICA .... THEN WE HAVE A REAL SERIOUS PROBLEM .... IN OUR COMMUNITY .... NOT GEORGE W. BUSH'S COMMUNITY .... BUT OURS .... AND WE HAVE A PROBLEM, THEN .... WITH OUR CIVILIZATION .... And so .... WHAT TO DO? Well .... I don't have any easy answers .... BUT .... This I do know .... REMAINING SILENT ABOUT THIS .... WOULD BE AN ABDICATION .... ON MY PART .... OF EVERYTHING THAT I BELIEVE IN .... AS AN AMERICAN CITIZEN .... And so .... This thread .... And where do I go from here? To be truthful .... I am not sure .... For the March 31, 2005 federal District Court decision under discussion in here ..... DID NOT END ANYTHING .... To the contrary .... IT STARTED A WHOLE NEW CHAPTER .... And in this thread .... We are in the midst of that chapter .... And it is continuing to evolve .... Even as I write these words ..... BECAUSE AN INJUSTICE .... COMMITTED AGAINST THE MEMBERS OF A COMMUNITY .... BY WHAT PURPORTS TO BE THEIR OWN GOVERNMENT .... THAT IS NOT MADE RIGHT .... WILL ONLY CONTINUE TO FESTER .... IN THE BODY POLITIC .... And so ..... I want to once again take a moment to thank all of you who have taken the time to visit this thread .. And to follow this matter along .... And to make your comments .... And I again wish to thank COMMON GROUNDS .... For allowing me the time and space to keep this thread running ..... And so ..... |
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Dec 12 2006, 05:52 PM
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#1304
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Advanced Member Group: Subscribing Member Posts: 49,421 Joined: 5-November 04 Member No.: 219 |
QUOTE(Livyjr @ Aug 23 2006, 05:58 AM) "Livyjr, as I continue to read through here, as you further develop the facts and the law pertaining to this matter, I begin to see from the juxtaposition of these prior posts above here, that this Bush-appointee federal judge up there in your area was actually an active participant in this FRAME-UP of the PLAINTIFF as an alleged dangerous mental patient, and I come to that conclusion after reading that part of Ruhlmann above about compliance with the substantive admission/confinement requirements of New York State Mental Hygiene Law § 9.39, which requires a showing of 'dangerousness' at the time a person is certified for direct admission into a secure mental facility pursuant to New York State Mental Hygiene Law § 9.39 ...." "As I read it, by letting stand in the record in this matter the statements of these various lawyers involved in this matter on behalf of the various defendants, that on August 22, 2001, Dr. John Christian Braaten had 'EXERCISED HIS STATUTORY AUTHORITY pursuant to NYS Mental Hygiene Law 9.39 and 9.40 and CERTIFIED THAT AN EMERGENCY ADMISSION to Samaritan Hospital's secure mental health facility was warranted', and by denying PLAINTIFF any opportunity whatsoever to challenge those assertions, what Bush-appointee Gary L. Sharpe is really doing is using his position and authority as a federal district court judge in the Northern District of New York to put forth to the general public a belief that there was evidence which would support that finding, when clearly, Braaten had never seen or examined the PLAINTIFF, and so was without legal grounds upon which to have exercised any authority whatsoever, according to the law as it is written ..." "IS THIS CONSISTENT WITH THE CONCLUSIONS THAT YOU PEOPLE ARE DRAWING UP THERE?" QUOTE(Livyjr @ Jun 15 2005, 05:50 PM) And with his client, the doctor, being implicated, or outright pegged as the "perp" by the lawyer for the Rensselaer County Executive, the lawyer for the doctor is left in the position of going to the Second Circuit Court of Appeals to defend in Rensselaer County practices which were previously found by Judge Hurd in the Northern District of New York to be arguably unconstitutional down in Ulster County, a bit to the south of here, but still within the Northern District of New York, in a case which involved this same law firm that the doctor in this case has! SO! Thanks to the lawyer for Jimino, the lawyer for the doctor now has to explain to the Court of Appeals how in the State of New York, which has one set of laws that are supposed to apply equally all across the state, and one Constitution, which is supposed to be "law" of all the land in New York State; how it is that there should be a different "STANDARD" applied in Rensselaer County than in Ulster County, both within the State of New York, and we country folks want to see him work out that "math", with tying his tongue into about fifty knots in the doing! Whether these fancy Albany lawyers worked strings to get this case moved away from Judge Hurd and over to this Bush-appointee for a more favorable decision, or what, the fact now remains that there is a conflict in the Northern District of New York between two District Court Judges on the same set of circumstances! One says that the circumstances so presented are sufficient to take before a jury, and the other says no case, period! And that is the stuff of which appeals are made, unequal justice between two judges in the same judicial district on the same or similar sets of facts! And so .... QUOTE(Livyjr @ May 6 2005, 05:53 PM) And so ..... It comes down to the United States Constitution .... And Ruhlmann, where Clinton-appointee, and alleged "judicial activist" Judge David N. Hurd stated as follows in 2002 with respect to the "law" of the land in this matter: "It would be nonsensical, for example, for a doctor who has had no contact whatsoever with a person to have the authority to have that person locked up!" Where Judge Gary L. Sharpe has reversed that "law", saying in his March 31, 2005 decision that a doctor who has had no contact whatsoever with a person DOES NOW HAVE THE AUTHORITY to have whomever they wish locked up, there is where the Constitutional issue enters in to this appeal, and to us as citizens up here who are adversely affected by this ruling of Judge Sharpe's, that is where the effort should be, especially in light of the long history in this matter of "using" the law as weapon to inflict blunt-force trauma on a person because they are attempting to use their First Amendment Right to petition for redress of grievance! Think on this for a moment, if you can! With this March 31, 2005 ruling of Judge Sharpe as "law", where a doctor who has never seen you, and does not know you, and has never heard of you, nor you him, can still order that you be incarcerated in a secure mental institution with no due process of law afforded you whatsoever, what kind of world is that, and yet, for us up here, that is what we now have, since 8/22/01, where a doctor at Samaritan Hospital in Troy, New York, who had never seen PLAINTIFF or ever had any contact with him, still ordered him to be incarcerated in a secure mental institution as a dangerous mental patient! What kind of a person can do such a thing to another human being, for money, allegedly, and what kind of "legal system" protects such a man? That's the nuts and bolts of what we are talking about in here, right there: what kind of legal system protects such a man? Not Judge Hurd's! QUOTE(Livyjr @ Apr 29 2005, 05:59 AM) And Good Morning, America. For those of you who might be stopping by here for the first time, we are discussing a real federal court case that was decided in the Northern District of New York on March 31, 2005 that involves what we are calling in here a "LONG NIGHT OF TERROR" that has been aimed at a disabled Viet Nam veteran in the Town of Poestenkill, in the County of Rensselaer, just east of Albany, New York, in the State of New York, because of his almost single-handed efforts on behalf of the people of Rensselaer County to fight corruption in the Rensselaer County Department of Health, in this case, and to restore integrity to the public health programs of that department that impact on all of us in Rensselaer County, and ultimately, everywhere on the face of the earth, if you consider that corrupt government in one place generally does not stay there, but spreads instead, especially when that corruption has become "institutionalized" in the state because of the direct actions of one or both political parties to have it be that way! In this specific case, on 8/22/01, a doctor at a CORPORATE hospital in Troy, New York issued, or simply gave Rensselaer County and State of New York public officials a document bearing his signature that FALSELY and FRAUDULENTLY attested that the PLAINTIFF in this matter was an alleged dangerous person suffering from an alleged mental disease who allegedly required immediate treatment in the secure CORPORATE mental facility where this doctor worked. Now, at the time this CORPORATE doctor handed this "psychiatric arrest warrant" to these public officials so that they could then have the New York State Police capture this person for transport to this CORPORATE mental facility, or GULAG, as it is known up here, the PLAINTIFF, the one who was to be "taken out" by these people, through the vehicle of this "psychiatric incarceration", was himself a licensed professional engineer in the State of New York who had been investigating corruption in the New York State Department of health and the Rensselaer County Department of Health since at least 1983, and several times, he had been commended by then-New York State Health Commissioner Dr. David Axelrod for his efforts. Despite that, on 8/22/01, this person was FALSELY BRANDED as a dangerous mental patient by this CORPORATE doctor, which is against the law, and in violation of this person's rights to due process of law under the FOURTEENTH AMENDMENT to the United States Constitution. In a similar case in Federal District Court for the Northern District of New York decided on November 26, 2002, the original federal judge who had this case, Hon. David Hurd, laid out the law on the subject in an extensive and exhaustive 44-page decision that traced the law on the subject in the State of New York back to its roots in the United States Supreme Court in or about 1975. Those of us up here who have been following this matter now since the late-1970's or early-1980's were cheered and heartened by the language in this November 26, 2002 decision of Judge Hurd, because OUR case involving similar abuses of law was initially before him for determination. THEN ..... Down came an order from Chief Judge Fred Scullin, and day turned to blackest night, for us, anyway, as Chief Judge Fred Scullin had taken the case from Judge Hurd and had given it instead to a brand new federal court judge who had just been appointed to the bench by George W. Bush! In his March 31, 2005 decision in this matter, this BUSH judge has reversed or eliminated the last thirty or so years of law on this subject, and has said, in essence, that whenever it chooses, the State of New York, or any of its political subdivisions can use violence, or incite violence against dissenters in the community who are diligent enough and resourceful enough to be able to uncover corruption in the local, or county or state governments, and then document that corruption in a manner sufficient to start a court action against the government. Further, the "state" can use false tesitmony to discredit these individuals, and it can then have them locked away as dangerous mental patients, if it so chooses, without any fear of oversight or intervention by the federal courts in the matter, which to us, is a very dangerous state of affairs indeed, ESPECIALLY as that has actually happened up here, to one of OURS, who is the PLAINTIFF in this matter. And so .... QUOTE(Livyjr @ Apr 12 2005, 05:06 PM) "THINK AGAIN, JACK, WE, are not the clergy!" Powerful words, eh! And this is straight from the HORSE'S MOUTH, himself, the PRESIDENT of the COUNTY OF ALBANY, STATE OF NEW YORK BAR ASSOCIATION, in March of 2003, about two months BEFORE the ORIGINAL COMPLAINT was filed in this above matter in Federal District Court for the Northern District of New York! "So, we don't deal in fairness, we deal in legal results, without regard to ethics." Without regard to ethics! SO! How about that, will you? AND .... To be quite frank, THAT is what OUR complaints in Rensselaer County are all about, no ethics, and corruption, as a result, to OUR detriment, in OUR own homes and communities. What is interesting to note and observe, if one has Adobe and so can open the file, is that directly following this message above from the President of the Albany County Bar Association to its members, the highest judges in the State of New York are then pictured in prominent display in that same "e-publication", or "e-zine", as endorsing this STATEMENT OF POSITION above by the President of the Albany County Bar Association that: "So, we don't deal in fairness, we deal in legal results, without regard to ethics." That, folks, is the highest judiciary in the State of New York, speaking to us, the common folks over here in Rensselaer County, in a loud and clear voice, as to "ITS" opinion about OUR citizen's view of what a court of law in the Town of Poestenkill, the County of Rensselaer, the State of New York, and the Federal District Court for the Northern District of New York should be all about, which to us, IS THE LAW, and the Constitution, and that is that! In OUR VIEW, which is exemplified in the October 2003 decision of Federal Judge Lynn N. Hughes in Matter of Wilson, and more to the point in the 2002 decision of Judge Hurd in Ruhlmann, judges, ALL judges, are supposed to stand up to that amoral standard exemplified by the Albany County Bar Association PRESIDENT, and it is extremely dangerous to OUR liberty when judges do not cleave to the very high standards of ATTORNEY conduct set by Judge Hughes in Wilson. And so .... If you have found this thread to be confusing .... That would be a natural reaction .... Is what I would say .... Because there are several parallel themes competing for time and space in here ..... All of them inter-related ..... But that is not always apparent at times .... And that fault would be mine .... As the "narrator" ..... And so .... For that I must apologize ..... In advance .... If such has been the case ..... This thread started in April of 2005 ..... Right after a federal district court judge in Albany, New York ..... A federal judge appointed by President George W. Bush ..... TOSSED RIGHT OUT THE WINDOW ..... AND INTO THE TRASH .... SOME THIRTY YEARS OF FEDERAL CONSTITUTIONAL CASE LAW .... "LAW OF THE LAND" .... Since it was law decided by the United States Supreme Court .... And so .... When I started this thread ..... That decision had just come down ..... And I started this thread .... At that time .... Simply to alert people in America .... That such a thing had just happened up here ..... To make people aware of it ..... SINCE IT WAS NOT GOING TO BE OTHERWISE ANNOUNCED .... OR PUBLISHED .... THAT THIS HAD HAPPENED .... And so .... And from that time to this ..... This thread has progressed .... Sometimes coming forwards from March 31, 2005 ..... To keep a "stream of consciouness" moving forward ..... And sometimes .... Many times .... This thread has gone back in time .... Back to the 1970's .... And 1980's .... To show where this matter really came from .... Its ROOTS, so to speak ..... And so .... And then .... So that all the various PLAYERS can be fit into the puzzle .... Where they belong ..... PLAYERS such as the New York State Bar Association .... Or more correctly ..... ITS MEMBERS .... This thread has expanded outward ..... In concentric circles, as it were ..... And so ..... Above here ..... In this series of windows .... I have attempted a capsule summary ..... Of what I feel are some of the more cogent issues in here ... And so .... |
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Dec 13 2006, 03:47 PM
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#1305
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Advanced Member Group: Subscribing Member Posts: 49,421 Joined: 5-November 04 Member No.: 219 |
QUOTE(Livyjr @ Jul 3 2006, 04:20 PM) AN OPEN LETTER ...... TO: UNITED STATES SENATOR FROM NEW YORK CHARLES SCHUMER FROM: WE, THE PEOPLE OF THE UNITED STATES OF AMERICA RE: THE JUDICIAL NOMINATION OF NEW YORK LIEUTENANT GOVERNOR MARY O'CONNOR DONOHUE TO BE A DISTRICT COURT JUDGE IN THE NORTHERN DISTRICT OF NEW YORK DATED: JULY 3, 2006 SIR: In an article entitled "A gavel for Donohue? - Lieutenant governor confirms her name has been submitted by Gov. Pataki for federal district judge" by ELIZABETH BENJAMIN, Capitol bureau, Albany, New York Times Union, first published, Friday, March 3, 2006, it was reported that REPUBLICAN New York State Lt. Gov. Mary Donohue is up for an appointment to a federal judgeship after REPUBLICAN Gov. George Pataki submitted her name to the Bush administration. In that article, it was reported that: It has typically been assumed that if Donohue was given a judgeship, it would be a sign Pataki was about to leave office and wanted to pass New York into the care of Senate Majority Leader Joseph Bruno, R-Brunswick, rather than to the lieutenant governor, who -- like most of her predecessors -- has had little involvement in the day-to-day running of the state. Subsequently, in an article entitled "Donohue nominated for federal judgeship - Lieutenant governor faces scrutiny of Senate panel after selection by Bush for $165,200 position" by MARC PARRY, Staff writer, Albany, New York Times Union, first published Thursday, June 29, 2006, it was reported that the White House had nominated New York State Lt. Gov. Mary Donohue to a lifetime appointment on a federal bench. That Thursday, June 29, 2006 Times Union article then quotes Your Office as follows: "Over the next few weeks, we'll be looking closely at Mary Donohue's nomination, which was formally sent to the Senate today," Sen. Charles Schumer, who sits on the Judiciary Committee, said in a statement Wednesday. The New York Democrat added, "I look forward to receiving her answers to the committee's questionnaire and her hearing, and I will make a decision on her nomination after reviewing the full record." QUESTION 1: WAS YOUR OFFICE NOTIFIED IN ADVANCE OF THIS NOMINATION BY REPUBLICAN NEW YORK STATE GOVERNOR GEORGE PATAKI THAT HE WANTED TO GIVE A FEDERAL JUDGESHIP TO MARY DONOHUE SO THAT REPUBLICAN NEW YORK STATE GOVERNOR GEORGE PATAKI CAN PASS NEW YORK INTO THE CARE OF REPUBLICAN NEW YORK STATE SENATE MAJORITY LEADER JOSEPH BRUNO OF BRUNSWICK RATHER THAN TO LIEUTENANT GOVERNOR MARY DONOHUE? QUESTION 2: DOES YOUR OFFICE CONSIDER THAT A "PROPER USE" OF A JUDICIAL SEAT ON THE BENCH IN THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK: GIVING ONE TO REPUBLICAN NEW YORK STATE LIEUTENANT GOVERNOR MARY DONOHUE SO THAT REPUBLICAN NEW YORK STATE GOVERNOR GEORGE PATAKI CAN PASS NEW YORK INTO THE CARE OF REPUBLICAN NEW YORK STATE SENATE MAJORITY LEADER JOSEPH BRUNO OF BRUNSWICK RATHER THAN TO LIEUTENANT GOVERNOR MARY DONOHUE? QUESTION 3: DOES YOUR OFFICE INTEND TO CHALLENGE PRESIDENT GEORGE W. BUSH'S NOMINATION OF REPUBLICAN NEW YORK STATE LIEUTENANT GOVERNOR MARY DONOHUE FOR A SEAT ON THE BENCH IN THE FEDERAL DISTRICT COURT FOR THE NORTHEN DISTRICT OF NEW YORK AS A POLITICAL FAVOR TO REPUBLICAN NEW YORK STATE GOVERNOR GEORGE PATAKI SO THAT REPUBLICAN NEW YORK STATE GOVERNOR GEORGE PATAKI CAN PASS NEW YORK INTO THE CARE OF REPUBLICAN NEW YORK STATE SENATE MAJORITY LEADER JOSEPH BRUNO OF BRUNSWICK RATHER THAN TO LIEUTENANT GOVERNOR MARY DONOHUE? QUESTION 4: HOW WOULD THE APPOINTMENT OF FEDERAL JUDICIAL CANDIDATE MARY O'CONNOR DONOHUE TO THE FEDERAL BENCH AS A FEDERAL DISTRICT COURT JUDGE IN THE NORTHERN DISTRICT OF NEW YORK AS A FAVOR TO REPUBLICAN NEW YORK STATE GOVERNOR GEORGE PATAKI SERVE TO PROTECT OUR CONSTUTUTIONAL RIGHT TO JURY TRIALS, AND DUE PROCESS OF LAW, AS CITIZENS OF THE UNITED STATES OF AMERICA? Sincerely ...... "Zwack, Donohue nominated to Court of Claims - The state Senate could confirm as early as today" By: James V. Franco, The Record12/13/2006 Lt. Gov. Mary Donohue and former County Executive Henry Zwack were both nominated for the nine-year terms that pay $136,700 a year. Zwack, who resigned as county executive in 2001 after getting indicted, last worked as executive deputy commissioner for the state Office of Alcoholism and Substance Abuse Services. Donohue, a one-time Rensselaer County District Attorney and state Supreme Court judge was elected as Pataki's No. 2 in 1998 and again in 2002. "I am certain when she is confirmed she will rejoin the bench with the same integrity, vigor and commitment to service that she has demonstrated throughout her public life," Pataki said in a statement. It looks as if both nominees will sail through the Senate during a special session today. "Mary Donohue and Henry Zwack are two highly qualified candidates who would work extremely hard on behalf of this state and its residents," said Kris Thompson, a spokesman for state Senate Majority Leader Joseph Bruno, an ally to both Donohue and Zwack. "In addition to his vast experience as a public administrator, Henry Zwack has been a practicing attorney since 1979 and has previously represented the interest of a number of municipalities, including Stephentown, New Lebanon and Petersburgh," Thompson added. Zwack was elected county executive in 1995 to serve the remainder of John Buono's unfinished term after Pataki appointed Bruono to head the Thruway Authority. He was elected to a full term in 1997. By 2001, two separate scandals, dozens of indictments and two trials forced him to resign. In 2001, a jury acquitted him of 10 counts of perjury related to the county's infamous no-show job scandal. It was discovered Dirk Van Ort was collecting a county pay check as a 911 coordinator while working a carnival in Florida. But, a special prosecutor indicted Zwack for his testimony in front of a grand jury that ended up indicting Victor Cipolla and Susan Martin for allowing Van Ort to get away with it for so long. The pair later successfully sued the county for an undisclosed amount of money. A year later, Zwack, four of his top aides and a Democratic Party boss were indicted for selling political influence in return for civil service favors. It was alleged that Zwack put pressure on county personnel department employees to give North Greenbush Democratic Party Chairman James Germano's grandson another chance to pass the physical fitness aspect of the civil service exam so he could be a town cop. The long-running scandal came complete with a high powered legal defense team, secretly made tape recordings and was intertwined with enough innuendos and political intrigue to be a made for television movie. After Zwack and his co-defendants were acquitted, the Stephentown native went to work for a lobbying firm and later to OASIS. He could not be reached for comment, Tuesday night. Charles "CB" Smith, a long time government watchdog and long time thorn in Zwack's side drove the no-show job scandal. In 2000, the last time it was rumored that Zwack would get a judgeship, Smith penned a letter to Pataki asking him to reconsider. The nomination never transpired. "The governor should know by now he should keep the name Zwack as far away from the word judge as humanly possible," Smith said. "Who knows?" "He may have a no show law clerk." http://www.troyrecord.com/site/news.cfm?ne...t_id=7021&rfi=6 |
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Dec 14 2006, 06:32 PM
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#1306
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Advanced Member Group: Subscribing Member Posts: 49,421 Joined: 5-November 04 Member No.: 219 |
QUOTE(Livyjr @ Apr 7 2005, 05:25 PM) Consider for a moment, if you will, in forming your own thoughts about the contents of this thread, these words of the then-DEMOCRATIC Governor of the State of New York in 1986 concerning New York State's "HISTORY" of corruption as it stood right exactly then: "TEN YEARS AGO, a study by the Joint House-Senate Subcommittee on Investigations estimated the costs of white-collar crime at MORE THAN forty-four BILLION dollars". "The incidence of white-collar crime has not abated in the last decade; instead, it has spiraled ever-upward as economic crime has become increasingly profitable and sophisticated!" "The effects of major economic crime can be devastating: THE WHOLE SOCIETY suffers as crimes against business become crimes against consumers." "GREEDY, WHITE-COLLAR PROFITEERS WILL NOT BE STOPPED until we adopt strong measures to stop them!" - Governor's Approval memorandum, New York State Legislative Annual -1986, p.236 "Senator indicted for stealing member item money -State Sen. Efrain Gonzalez allegedly stole more than $420,000 over six years" By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union Last updated: 2:57 p.m., Wednesday, December 13, 2006 ALBANY -- State Sen. Efrain Gonzalez, D-Bronx, was indicted today for allegedly stealing member item money he directed to a nonprofit organization in his district. Manhattan-based U.S. Attorney for the Southern District Michael Garcia claimed that the member item money -- more than $420,000 over six years -- ended up being used by Gonzalez on homes in the Dominican Republic and other personal expenses. Member items are discretionary funds in the state that lawmakers and the governor send to groups and organizations they feel are deserving. Gonzalez and three of his "criminal associates'' engaged in mail fraud, wire fraud, theft of federal funds, conspiracy, and money laundering, the indictment alleges. Gonzalez said he is "innocent.'' His lawyer, Murray Richman, said the new indictment is essentially a new layer on an indictment against Gonzalez that came out in August which alleged he misused $37,500 in public funds. Gonzalez's member item money went to organizations that were supposed to fund youth baseball and community activities. They served as fronts for Gonzalez's thefts and helped one person gain two no-show jobs. Gonzalez is also alleged to have stolen another $550,000 with two associates from a nonprofit that was using a room off his district office. The senator, who has served for 18 years, won re-election by a huge margin in November even with the indictment hanging over him, Richman noted. James M. Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com. |
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Dec 14 2006, 06:41 PM
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#1307
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Advanced Member Group: Subscribing Member Posts: 49,421 Joined: 5-November 04 Member No.: 219 |
"Pork-barrel spending to draw federal scrutiny - U.S. attorney tells investigators to look at state Legislature data for possible corruption"
Associated Press First published: Wednesday, December 13, 2006 ALBANY -- U.S. Attorney Michael Garcia told his investigators to take a look at newly available computerized data from the state Legislature on pork-barrel spending handed out by lawmakers, according to a published report. Garcia told the New York Post for its Tuesday editions that the data presented a new opportunity for investigators to examine the much-criticized practice of lawmakers earmarking state budget money for favored local projects. "You have this pool of nearly $200 million a year." "Where there is that type of stream of money, it's going to create opportunities" for corruption, Garcia said. "The federal government has a responsibility here," he said. "When we smell something, we'll follow it." A spokeswoman for Garcia confirmed the comments, but refused to discuss any possible investigation planned by the Manhattan-based prosecutor. The data drawing Garcia's interest, which includes the names of sponsoring legislators for each project, was made available late this year by Assembly Speaker Sheldon Silver, a Manhattan Democrat, and Senate Majority Leader Joseph L. Bruno, a Rensselaer County Republican, only after they were successfully sued for it by the Times Union. There was no immediate comment on the Post report from Silver or Bruno. |
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Dec 15 2006, 05:24 PM
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#1308
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Advanced Member Group: Subscribing Member Posts: 49,421 Joined: 5-November 04 Member No.: 219 |
QUOTE(Livyjr @ Dec 14 2006, 07:41 PM) "The federal government has a responsibility here," he said. "When we smell something, we'll follow it." QUOTE(Livyjr @ Apr 9 2006, 03:36 PM) And so ..... We come forward in time ... From 1989 ..... When REPUBLICAN Deputy Rensselaer County Attorney Gordon Mayo was openly and publicly slandering PLAINTIFF in New York State Supreme in Albany County with impunity .... As being irrational due to the imaginary disease of POST-VIET NAM SYNDROME which Mayo had made up out of whole cloth for public consumption .... In the pages of the Troy RECORD newspaper ... To 2002 .... When once again .... Jeffrey Pelletier of Poestenkill .... The assailant in this matter who bragged on videotape before the Court in this matter of being protected ..... And ended up definitely being so in reality .... Was able to libel PLAINTIFF in sworn court papers .... With PLAINTIFF once again being afforded no opprtunity to rebut these false and scurrilous assertions made not only by Jeffrey Pelletier ... But by his LAWYER, as well ..... An alleged COURTHOUSE FIXER from Rensselaer County named Stephen A. Stasack ..... Who also submitted an affidavit to New York State Supreme Court in Rensselaer County ........ Where Stasack allegedly served as a CLERK to one of the judges .... This AFFIDAVIT by Stasack was dated and sworn to on February 27, 2003 .... And therein .... Stasack ..... An attorney licensed to practice in the State of New York .... And allegedly subject to the Rules of Practice in the State of New York ... As well as the Rules of Evidence ..... Openly "SHOPPED" or PROFFERED as EVIDENCE this false instrument unlawfully issued to the New York State Police by John Christian Braaten, M.D. of Northeast Health, Inc. on August 22, 2001 .... To the New York State Supreme Court Justice in charge of the case ..... As alleged PROOF that PLAINTIFF was supposedly mentally ill and dangerous .... And so .... Should not be allowed to bring on any kind of charges against Jeffrey Pelletier in Rensselaer County Supreme Court ... Which is where any case PLAINTIFF might file against Jeffrey Pelletier for damages stemming from the August 7, 2001 assault in the State of New York would have to be filed as a matter of law in the State of New York .... And so .... Close the DOORS OF JUSTICE in PLAINTIFF's face based upon NOTHING MORE THAN FALSE STATEMENTS AND a false instrument unlawfully filed with the New York State Police by Dr. John Christian Braaten, M.D. on August 22, 2001 ..... And JUSTICE for Jeffrey Pelletier will be done .... And so .... IT WAS DONE ... And so ... STATE OF NEW YORK SUPREME COURT - COUNTY OF RENSSELAER PLAINTIFF v. Town of Poestenkill; Eugene Bechard, Poestenkill Town Code Enforcement Officer; The County of Rensselaer; Roy Champagne, Rensselaer County Director of Environmental Health; Carl Richard Aiken, NYSPE 067805; Kevin Joseph McGrath, NYSLS 049508; and Jeff Pelletier STEPHEN A. STASACK, being duly sworn, deposes and says: I am the attorney for respondent jeffrey Pelletier and make this affidavit in support of respondent's DEMAND FOR DISMISSAL of the proceedings and in opposition to cross-motions. The relief sought is to strike scandalous matter. The specific matter alleged to be scandalous is contained in Paragraph 12 of respondent Pelletier's ANSWER, which alleges as follows: "PLAINTIFF, by his own allegations contained in the ORIGINAL PETITION herein, ADMITS TO SUFFERING FROM SERIOUS MENTAL ILLNESS, AND THEREFORE, LACKS THE NECESSARY JUDGMENT TO COMMENCE PRO SE ACTIONS." The allegation of illness is not scandalous ..... AND IS BASED UPON PLAINTIFF'S OWN STATEMENTS .... THAT OTHERS HAVE ALLEGED .... HE SUFFERS .... FROM A BI-POLAR DISORDER ..... The entire petition contains statements made by PLAINTIFF referring to allegations of actions by PLAINTIFF that have led others to TAKE ACTION TO HAVE PLAINTIFF INVOLUNTARILY COMMITTED FOR MENTAL HEALTH EVALUATION. PLAINTIFF has cross-moved to CONTINUE TO HAVE THOSE PERSONS AS PARTY DEFENDANTS, CLAIMING THEY ARE NECESSARY PARTIES. PLAINTIFF's pro se action has caused considerable expense to all parties involved. TO DATE, I have expended approximately 37 hours at an hourly rate of $150. This is an expense of $5,550 PLUS DISBURSEMENTS, PAYABLE BY PELLETIER - with no end in sight to the volume of papers requiring further time and expense served by PLAINTIFF. WHEREFORE IT IS REQUESTED .... THAT THE COURT GRANT AN INJUNCTION .... BARRING PLAINTIFF ... FROM COMMENCING ANY FURTHER LITIGATION .... AGAINST JEFF PELLETIER ..... Sworn to before me this 27th day of February, 2003 QUOTE(Livyjr @ Aug 31 2006, 03:11 PM) "And so, again, Livyjr ....." "Clearly, this case is about what is called 'PROTECTION' up there in the State of New York ..." "And INSURANCE ...." "PROTECTION which allowed Jeffrey Pelletier of Poestenkill, New York to physically assault a disabled veteran on a public thoroughfare in the Town of Poestenkill, Rensselaer County, State of New York, in August 2001, in order to intimidate this person so as to deter him from carrying on an investigation into alleged professional misconduct by this Carl Aiken, on behalf of Jeffrey Pelletier ...." "And when this physical assault did not serve its purprose ..." "This same PROTECTION procured for Jeffrey Pelletier a new 'IDENTITY' for this disabled veteran as an alleged dangerous mental patient in need of immediate incarceration in the secure mental facility of the Samaritan Hospital in Troy, New York, courtesy of Dr. John Christian Braaten and Northeast Health, Inc. in Troy, New York ...." "And when that certification by Dr. John Christian Braaten on Auugust 22, 2991 was demonstrated to be a fraud later on, on August 22, 2001, by the Albany, New York Police Officer who intervened on the PLAINTIFF's behalf at the Stratton VA Hospital on the afternoon of August 22, 2001 ..." "Jeffrey Pelletier's PROTECTION afforded him carte blanche service in the federal District Court for the Northern District of New York, where the whole business was made to simply go away, on Jeffrey Pelletier's behalf, which action on Jeffrey Pelletier's behalf by the federal District Court for the Northern District of New York was 'sanctified' by the federal Second Circuit Court of Appeals in New York City in December of 2005 ..." "Which is where the INSURANCE comes into play ..." "INSURANCE AGAINST LIABILITY FOR INTENTIONAL VIOLATION OF THIS DISABLED VETERAN'S LIBERTY INTERESTS AND CIVIL RIGHTS ....." "WHICH, AS ANOTHER READER SAYS, IS QUITE AN INSURANCE POLICY TO HAVE ...." "And so, Livyjr, like Abu Beacon above here, who I have quite a bit of respect for, I have to thank both you and this forum, for getting this story out, and as was said before by someone else, IF IT WERE NOT FOR THIS FORUM, THIS STORY NEVER LIKELY WOULD HAVE SEEN THE LIGHT OF DAY, TO INFORM THE REST OF AMERICA, THAT SUCH A THING CAN AND DOES HAPPEN HERE, DESPITE OUR CONSTITUTION, WHICH HAS BEEN REDUCED TO A MOCKERY BY THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK IN THIS CASE, AND THE LAW OF THE STATE OF NEW YORK TO THE CONTRARY, WHICH AGAIN HAS BEEN MADE A MOCKERY OF IN THIS DECISION UNDER DISCUSSION IN HERE, AND SO ...." In the State of New York, today .... Right now .... IF you have the money .... Money is always important, of course ..... And necessary ..... YOU CAN ENGAGE A LAWYER .... A MEMBER OF THE BAR IN THE STATE OF NEW YORK .... And that lawyer can get for you ..... A PSYCHIATIC ARREST ORDER ..... That will allow you .... To have the New York State Police .... HAUL OFF TO A SECURE MENTAL FACILITY .... FOR INCARCERATION ..... ANYONE YOU WISH TO HAVE INCARCERATED ..... IF YOU HAVE A LAWYER ..... And that is why the New York State Bar Association and its "membership" have been brought into this thread ..... As "parties", so to speak ...... BECAUSE OF THIS "SERVICE" ..... THAT ITS MEMBERS .... ARE ALLOWED TO "SELL" ..... TO THOSE MEMBERS OF THE PUBLIC UP HERE .... WHO HAVE THE MONEY .... Money being of importance, after all ..... TO PURCHASE THAT KIND OF SERVICE ..... WHICH IS AGAINST THE LAW, HERE IN THE STATE OF NEW YORK .... BUT SO WHAT? IF YOU HAVE THAT KIND OF MONEY ..... THAT YOU CAN GET A LAWYER ..... TO HAVE SOMEONE INCARCERATED IN A SECURE MENTAL FACILITY ..... BECAUSE YOU WANT THEM THERE .... THERE IS NO "AGAINST THE LAW" FOR YOU ..... YOUR LAWYER SEES TO THAT ..... WHICH IS WHAT THIS THREAD IS ALL ABOUT .... The "PROTECTION RACKET" in New York State .... And the role ..... That lawyers and judges play in that "PROTECTION RACKET" ..... Lawyers and judges who are all MEMBERS OF THE BAR .... And so ..... |
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Dec 16 2006, 03:25 PM
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#1309
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Advanced Member Group: Subscribing Member Posts: 49,421 Joined: 5-November 04 Member No.: 219 |
QUOTE(Livyjr @ Apr 4 2005, 07:39 AM) The problem, here, and why I am bothering to take this time to run this thread, is that the average American, more and more, and especially by this particular case, is being marginalized, to the point of not having protection of law, or the hope of due process! And that is a very dangerous scenario, indeed! To us in this small area of the United States up here who are witnesses to this on-going situation, involving OUR collective rights to equal protection of the law, this incident has been dubbed OUR Krystallnact, where on 8-22-01, OUR rights were smashed into the ground, with impunity by the perpetrators, which was, what is alleged to be OUR own government. What is alleged to be OUR government took OUR representative and attacked him in plain sight in broad daylight, for all to see, on videotape, and it has then held that over OUR heads as a threat since! "SEE WHAT WE CAN DO!" "WHO WANTS TO BE NEXT?" OUR only hope from that time to this was in the Federal Courts, and that hope had a basis, in that Federal Law makes it clear that what occurred here in the Town of Poestenkill, in the County of Rensselaer, in the State of New York is blatantly illegal, which is consistent with the opinion rendered by Rensselaer County Criminal Court Justice McGrath! Further, the original Federal Judge assigned to the case, Judge Hurd, had just ruled in 2002, in a very similar case in the Northern District of New York, where we are located, that this set of circumstances constituted violations of federal law. That case was Ruhlmann v. Ulster County Dept. of Social Services et al., 234 F.Supp.2d 140 (NDNY 2002), where at 169, Judge Hurd held as follows: "It would be nonsensical, for example, for a doctor who has had no contact whatsoever with a person to have the authority to have that person locked up!" Where that is exactly what happened in this case, our collective hopes were high that Rensselaer County would be delivered a similar stern message from the Federal Court, and so we would all collectively benefit by the scrutiny of the Federal Courts being focused on Rensselaer County, as it had been on Ulster County's practices by Judge Hurd. Then, to OUR shock and dismay, the Chief Judge up here took the case away from Judge Hurd, and gave it over to this Judge Sharpe, who had just been appointed to the Federal bench by George W. Bush as one of his CONSERVATIVE judges ..... Our fears were realized on March 31, 2005, with the Decision that came down from the Judge Sharpe, as it completely reverses the law as it had been stated by Judge Hurd, and it puts the imprimatur of the Federal Courts on this tactic of the State being able to destroy witnesses against it by the use of this expedient method of the "PSYCHIATRIC TAKEDOWN", where the state can simply now, with the apparent blessing of Judge Scullin, the Chief Judge up here, have one of its pet doctors, SIGHT UNSEEN, and contrary to Judge Hurd's ruling, ORDER an expert witness to be locked up in a secure mental health facility, WITH NO RECOURSE TO THE LAW! Rhetorically speaking, who is going to chance that fate to defend the rights of a bunch of citizens without money or clout? And there IS where we are! Out in the cold by the side of the road, and running out of hope in the goodness of anything here in America anymore, and especially not its Federal Court system up here in the Northern District of New York, which may be on its way to being OUR GULAG ARCHIPELAGO, thanks to this very chilling ruling that does not bode well at all for OUR futures here in the alleged corrupt EMPIRE STATE of New York! And so .... QUOTE(Livyjr @ Jun 10 2006, 05:23 PM) NEW YORK STATE SUPREME COURT FOR RENSSELAER COUNTY MATTER OF PLAINTIFF, P.E. V. KATHLEEN JIMINO, NORTHEAST HEALTH, WILLIAM "BUCK" SHEA ET AL. Transcript of the PROCEEDINGS held on the record on December 18, 2002, at the Albany County Courthouse, Albany, New York THE COURT: This is the matter of PLAINTIFF, P.E., for a judgment pursuant to Article 78 against the Town of Poestenkill and others. WHY DOESN'T EVERYBODY SET THEIR APPEARANCE ON THE RECORD, PLEASE? We will start over here with you, sir. MR. SWIDLER: I'M ROBERT SWIDLER! I'M HERE FOR .... The defendants Northeast Health, Samaritan Hospital, Dr. Braaten, Carol Fiorino and BERNADETTE HALLAM. MR. FORD: DONALD FORD .... THUILLEZ, FORD, and GOLD JOHNSON .... APPEARING FOR .... Northeast Health, Samaritan Hospital, Dr. Christian Braaten, Carol Fiorino and BERNADETTE HALLAM. THE COURT: MR. SWIDLER .... And MR. FORD ... Do you represent the same group of clients? OR WHAT'S THE STORY? MR. SWIDLER: YOUR HONOR .... We didn't realize .... Each of us ... Was coming today .... MR. FORD WAS RETAINED ..... WAS SENT HERE ... BY OUR INSURER ... After today ... I expect ... I will be putting in ... A NOTICE OF SUBSTITUTION ... NOW THAT I KNOW ..... THAT WE ARE INSURED .... - From pages 401 and 402 of the extensive record known as the "O'CONNOR BIBLE" which was submitted to the federal Second Circuit Court of Appeals on behalf of REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants in this matter by attorney Tommy O'Connor IF .... You are a medical doctor in the State of New York .... Right now .... Today ..... A medical doctor licensed to practice in the State of New York ..... By the New York State Department of Education .... And "regulated" by the New York State Department of Health .... And you have a hankering .... A "JONES", as it were .... Or maybe it is just for the money .... That you wish to be able to do this .... To "DOLE OUT" ..... Or "MARKET" .... Or "PEDDLE" ..... Maybe "TRADE FOR POLITICAL FAVORS" ..... FALSE DIAGNOSES OF PEOPLE THAT YOU HAVE NEVER MET .... TO PEOPLE WHO HAVE THE WHEREWITHAL ..... TO PROCURE THIS "SERVICE" FROM YOU ..... SO AS TO BE ABLE TO HAVE THIS OTHER PERSON .... INVOLUNTARILY CONFINED IN A SECURE MENTAL FACILITY .... AND YOU HAVE A LAWYER TO REPRESENT YOU .... A MEMBER OF THE BAR .... IN THE STATE OF NEW YORK .... EVEN THOUGH THIS "SERVICE" OF YOURS ..... IS A VIOLATION OF THE LAW IN THE STATE OF NEW YORK .... IT IS NOT REALLY A VIOLATION ..... IN YOUR CASE .... AT LEAST AS FAR AS THE NEW YORK STATE DEPARTMENTS OF EDUCATION AND HEALTH WOULD BE CONCERNED .... AND THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK, AS WELL .... WHEN YOU HAVE THE RIGHT LAWYER BY YOUR SIDE .... A LAWYER .... WHO IS A MEMBER .... OF THE BAR .... IN THE STATE OF NEW YORK .... And so ..... For those of you who are arriving here late to this thread ..... THAT IS WHAT THIS THREAD IS ABOUT ... In large part .... HOW THAT SCHEME REALLY DOES WORK ..... And the role that judges and lawyers play ..... IN PROTECTING THAT SCHEME .... DESPITE THE FACT .... THAT IT IS "AGAINST" THE LAW .... And so ..... |
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Dec 17 2006, 08:19 AM
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#1310
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Advanced Member Group: Subscribing Member Posts: 49,421 Joined: 5-November 04 Member No.: 219 |
QUOTE(Livyjr @ Nov 18 2006, 08:34 AM) In 1970 ... A disabled veteran of the Viet Nam war returned to New York State in the United States of America ..... And he ..... Like many others .... Began the process of re-integration into American society .... And towards that end .... This individual became educated as an engineer ..... And ultimately was certified as an associate level public health engineer by the State of New York .... And was then "assigned" by the New York State Health Commissioner at that time, Dr. David Axelrod in 1986 .... To go into the CORRUPT Rensselaer County Department of Health in the State of New York .... TO RESTORE INTEGRITY TO ITS ENVIRONMENTAL HEALTH PROGRAMS .... Which programs are geared heavily towards protection of groundwater in the State of New York for human consumption ... AND IN A WAY ..... This thread is about that individual .... In that what occurs in here swirls around that individual .... And but for his continued diligence in rooting out this corruption .... This thread would not exist .... Since there would be nothing to discuss .... BUT .... The thread itself is really about the STATE OF NEW YORK .... AND ENTERPRISE CORRUPTION .... AND THE ROLE THAT JUDGES .... AND LAWYERS .... PLAY .... IN MAINTAINING THAT CORRUPTION .... FOR INDEED .... THEY ARE THE NECESSARY "PLAYERS" ..... SINCE THEY PROVIDE THE PROTECTION AND POLITICAL COVER THAT ALLOWS ENTERPRISE CORRUPTION TO CONTINUE TO FLOURISH UP HERE IN THE STATE OF NEW YORK .... THE NECESSARY "GLUE", AS IT WERE .... TO BIND THE WHOLE CORRUPT MESS TOGETHER .... TO MAKE IT SEAMLESS .... AND THEREFORE UNASSAILABLE .... BY THOSE CITIZENS OF THE STATE OF NEW YORK WHO ARE AGAINST CORRUPTION IN OUR STATE GOVERNMENT UP HERE .... AND ARE FOR THE BILL OF RIGHTS OF THE NEW YORK STATE CONSTITUTION .... WHICH HAS BEEN ALL BUT NULLIFIED ..... BY THE MARCH 31, 2005 FEDERAL COURT DECISION SPECIFICALLY UNDER DISCUSSION IN HERE ..... WHERE A FEDERAL DISTRICT COURT JUDGE DENIED THIS DISABLED VETERAN AN OPPORTUNITY TO VINDICATE HIS CIVIL RIGHTS IN A FEDERAL COURT .... AFTER IT BECAME PATENTLY CLEAR THAT NO JUSTICE WAS FORTHCOMING IN THIS MATTER OF THIS FALSE DIAGNOSIS IN THE COURTS OF THE STATE OF NEW YORK .... AND HERE WE ARE SPECIFICALLY REFERRING TO A BUSH-APPOINTEE FEDERAL DISTRICT COURT JUDGE IN THE FEDERAL NORTHERN DISTRICT OF NEW YORK NAMED GARY L. SHARPE .... AND THE FEDERAL SECOND CIRCUIT COURT OF APPEALS IN NEW YORK CITY .... ALONG WITH A FEDERAL ENTITY KNOWN AS THE UNITED STATES COURT OF INTERNATIONAL TRADE .... And while the events in this thread cover a span of time that goes back into the 1980's and earlier in the State of New York .... And then come back forward again .... Right up to this present moment .... WHERE THE JEOPARDY DISCUSSED IN HERE .... STILL HANGS OVER OUR HEADS ... ESPECIALLY NOW THAT NEW YORK STATE ATTORNEY GENERAL ELIOT SPITZER HAS BEEN ELECTED GOVERNOR OF THE STATE OF NEW YORK ... The specific TRIGGERING EVENT that directly resulted in this thread being posted in this FORUM occurred in Capital District area of the State of New York on August 22, 2001 .... When a CORPORATE DOCTOR named John Christian Braaten .... Provided a LAND DEVELOPER in Rensselaer County named Jeffrey Pelletier .... With a FALSE DIAGNOSIS of this engineer and disabled veteran .... THAT ALLOWED THIS LAND DEVELOPER TO HAVE THE NEW YORK STATE POLICE APPREHEND THIS ENGINEER AS AN ALLEGED "DANGEROUS MENTAL PATIENT" .... FOR TRANSPORT TO THE SECURE MENTAL FACILITY OF THE NORTHEAST HEALTH, INC.-OWNED SAMARITAN HOSPITAL IN THE CITY OF TROY, NEW YORK .... WHERE THIS INDIVIDUAL THEN WOULD HAVE "DISAPPEARED" .... WITHOUT ANY DUE PROCESS OF LAW WHATSOEVER .... And that is what this thread is about .... What happened leading up to that moment in time ..... WHEN THIS MEDICAL DOCTOR .... WITH THE BLESSING OF THE NEW YORK STATE DEPARTMENT OF HEALTH ... AND THE OFFICE OF PROFESSIONAL DISCIPLINE OF THE NEW YORK STAE EDUCATION DEPARTMENT .... "PROVIDED" JEFFREY PELLETIER OF POESTENKILL, NEW YORK WITH THIS FALSE DIAGNOSIS .... THAT HAS ALTERED THIS PERSON'S LIFE FOREVERAFTERMORE ..... ALONG WITH THE LIVES OF THOSE WHO HAVE KNOWN THIS PERSON ... AND DEPENDED UPON HIS VERACITY, KNOWLEDGE AND INTEGRITY .... TO SAFEGUARD OUR LIVES, HEALTH AND PROPERTY ..... IN ACCORDANCE WITH THE CONSTITUTION AND LAWS OF THE STATE OF NEW YORK ... AS THEY ARE WRITTEN ... AND NOT HOW THOSE INTENT ON CORRUPTING THAT ENTERPRISE UP HERE IN THE STATE OF NEW YORK KNOWN AS "OUR GOVERNMENT" WOULD HAVE THEM BE ..... And yes .... In answer to many people in here .... I am damn sick and tired of this thread .... BECAUSE THESE EVENTS NEVER SHOULD HAVE BEEN, IN THE FIRST PLACE ..... BUT WERE, ANYWAY .... AND IT IS DISGUSTING TO HAVE TO THINK THAT WE ACTUALLY LIVE IN SUCH A PLACE ... HERE IN THE UNITED STATES OF AMERICA, OF ALL PLACES ..... WHERE THE "GOVERNMENT" ITSELF WOULD SO ASSAULT ONE OF ITS OWN CITIZENS IN SUCH A WAY AS THIS ... WHICH ASSAULT IS GUARANTEED AND INTENDED TO RUIN AND DESTROY A MAN'S LIFE .... DISGUSTING .... Which is why the thread keeps running ..... Because those of us up here in the State of New York who are responsible for this thread ..... BELIEVE THAT BY KEEPING THIS THREAD ALIVE ANOTHER DAY .... WE KEEP A MAN ALIVE FOR ANOTHER DAY AS WELL ..... FOR THE DAY THIS THREAD GOES SILENT .... AND IT BECOMES CLEAR .... THAT NO ONE REALLY DOES CARE ... AND THAT NO ONE WILL LOOK AFTERWARDS ..... Well ..... And so .... QUOTE(Livyjr @ Nov 19 2006, 04:34 PM) "I think a point that is being missed here, Livyjr ..." "IS THAT ALL OF US OUT HERE IN AMERICA ..." "ALL 300 MILLION OF US ...." "ARE THE 'SOCIETY AT LARGE' ..." "That this GOLD JOHNSON lawyer Rook is talking about above here ..." "In his November 10, 2003 AFFIRMATION IN SUPPORT OF MOTION TO DISMISS COMPLAINT PURSUANT TO FRCP 12(B)(6) above here ..." "This Bush Judge Gary L. Sharpe in the federal Northern District of New York is what is called an ARTICLE III FEDERAL JUDGE ..." "He is not a New York State Judge ....." "Even though that is where he is sitting, presently ..." "So that when this GOLD JOHNSON lawyer Rook is asking him to set aside your PLAINTIFF'S federal civil rights lawsuit in favor of some alleged right of SOCIETY AT LARGE to have a medical doctor in the State of New York providing LAND DEVELOPERS in the State of New York with FALSE DIAGNOSES of individuals in the State of New York that they either want to shut up, or get rid of ..." "WHAT THIS GOLD JOHNSON LAWYER ROOK REALLY MEANS ...." "IS US, LIVYJR ...." "SOCIETY AT LARGE IN THE UNITED STATES OF AMERICA ....." "ALL OF US IN HERE WHO HAVE READ THIS THREAD ARE THE 'SOCIETY AT LARGE' THAT THIS GOLD JOHNSON LAWYER ROOK IS REFERRING TO ABOVE HERE IN HIS REQUEST TO THE COURT TO TOSS YOUR PLAINTIFF'S FEDERAL CIVIL RIGHTS LAWSUIT ..." "FOR OUR ALLEGED BENEFIT ..." "AND WHEN THIS BUSH ARTICLE III JUDGE GARY L. SHARPE FOLLOWED THROUGH ..." "AND COMPLIED WITH THIS GOLD JOHNSON LAWYER ROOK'S REQUEST ..." "WHAT HE DID ..." "AS AN ARTICLE III JUDGE IN THE UNITED STATES OF AMERICA ...." "WAS TO IN FACT MAKE A DETERMINATION ..." "THAT THIS WAS INDEED FOR THE GOOD OF THE AMERICAN PEOPLE ..." "NOT THE REPUBLICANS ...." "NOT THE DEMOCRATS ..." "NOT THE NEW YORK STATE BUSINESS COUNCIL ...." "BUT EACH AND EVERY ONE OF US OUT HERE IN AMERICA ..." "EACH AND EVERY ONE OF US ..." "ACCORDING TO THIS BUSH JUDGE GARY L. SHARPE UP THERE IN THE FEDERAL NORTHERN DISTRICT OF NEW YORK ..." "HAVING A MEDICAL DOCTOR IN THE STATE OF NEW YORK ...." "PROVIDING FALSE DIAGNOSES ..." "TO LAND DEVELOPERS ..." "SO THAT THEY CAN GET RID OF THEIR OPPOSITION ..." "IS FOR OUR BENEFIT ..." "AND THE REAL OBSCENITY, LIVYJR ...." "IS THAT WE WILL SAY 'YES' ....." "YES, THIS MUST BE TO OUR BENEFIT ...." "AND BESIDES ..." "THIS COULD NEVER HAPPEN TO US ...." "SO ..." "SO WHAT IF IT HAPPENED TO THIS GUY ..." "HE SHOULD NOT HAVE BEEN QUESTIONING THINGS UP THERE IN THE STATE OF NEW YORK ..." "HE SHOULD HAVE BEEN SILENT LIKE THE REST OF US ...." And so ..... QUOTE(Livyjr @ Nov 21 2006, 08:37 AM) Or, conversely ... This thread might also be sub-titled ... IN THE AMERICA OF TODAY AND TOMARROW, HOW DOES AN AMERICAN CITIZEN GET, OR OBTAIN, OR BECOME "PINNED WITH", WHAT THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK AND THE FEDERAL SECOND CIRCUIT COURT OF APPEALS IN NEW YORK CITY HAVE DECLARED IS A "LONG PSYCHIATRIC HISTORY"? A LONG PSYCHIATRIC HISTORY ... IN THE MINDS OF THE JUDGES OF THE FEDERAL COURT SYSTEM HERE IN OUR AMERICA ..... WHAT EXACTLY CONSTITUTES A "LONG PSYCHIATRIC HISTORY"? And since in this case ..... Which has a record that is literally thousands of pages long now .... INCLUDING SWORN TESTIMONY .... IN OFFICIAL TRANSCRIPTS .... AND OFFICIAL GOVERNMENT RECORDS .... INCLUDING FILES FROM THE FEDERAL BUREAU OF INVESTIGATION .... WHICH FEDERAL AGENCY WAS INVOLVED IN THE INITIAL COVER-UP OF THIS MATTER BACK IN 1989 ...... WHEN SOME INTEGRITY ON THE PART OF THAT POLITICAL AGENCY MIGHT HAVE MADE SOME POSITIVE DIFFERENCE .... AT LEAST AS FAR AS REAL AMERICAN CITIZENSHIP IS CONCERNED .... WE HERE IN AMERICA TODAY GET A RARE OPPORTUNITY, AS IT WERE .... IN THIS CASE .... TO VIEW .... THROUGH A REVIEW OF THESE RECORDS .... HOW GOVERNMENT IN AMERICA ... THROUGH ITS COURTS .... AND JUDGES ..... MANAGES TO KEEP ITSELF CORRUPT ... BY ATTACKING ..... AND DESTROYING .... THOSE AMERICAN CITIZENS .... WHO HAVE THE KNOWLEDGE .... AND THE ABILITY .... AND THE INTEGRITY .... TO CHALLENGE THAT CORRUPTION ... And so .... QUOTE(Livyjr @ Nov 26 2006, 03:27 PM) NEW YORK DAILY NEWS - POLITICS "2 sides of Spitzer - Love-hate relationship with civil libertarians" By Ben Smith Originally published on August 6, 2006 The NYCLU's Christopher Dunn says Spitzer "has been conspicuously silent when it comes to civil rights and civil liberties," and that he is "astonished at what a completely free ride he has gotten." http://www.nydailynews.com/news/politics/s...9p-371839c.html "Joining Spitzer's "get-it done" set - Mix of associates, outsiders are named to key administration posts" By MICHAEL GORMLEY, Associated Press First published: Saturday, December 16, 2006 ALBANY -- Gov.-elect Eliot Spitzer says "a get-it done attitude that state government desperately needs" is shared by the people he tapped Friday for top level jobs in his administration. When Spitzer won the office in November by a historically large margin, he promised to bring experts to government offices, not political "cronies." If he is confirmed by the state Senate, Elliot Sander is Spitzer's choice to replace MTA Executive Director Katherine Lapp. She has been Gov. George Pataki's choice to lead the Metropolitan Transit Authority, which runs the trains, buses and other transportation facilities in New York City. Sander is a corporate senior vice president at DMJM Harris, a transportation engineering firm, and director of the Rudin Center for Transportation Policy and Management at the Robert F. Wagner Graduate School of Public Service at New York University. He is also the founder and co-chairman of the Empire State Transportation Alliance. Other appointments included Dennis Whalen, who has served in Pataki's Health Department. He will be Spitzer's deputy secretary for health and will report to the governor. Whalen has been a widely respected executive deputy commissioner since 1996. He isn't a physician, so can't be named commissioner, but his deputy secretary role appears to be above the commissioner's level. He is a graduate of Marist College and the National Preparedness Leadership Institute at Harvard University's Kennedy School of Government. Spitzer assigned his major concern -- economic development -- to longtime associates. Avi Schick, a prominent assistant attorney general, was appointed to the new job of downstate chief operating officer and president of the Empire State Development Corp., the lead agent in bringing jobs to the state. Pending Senate confirmation, Pat Foye will take the new job of downstate co-chairman of the state Urban Development Corp., which works to attract and retain businesses and jobs. Foye is president and CEO of the United Way of Long Island. An upstate co-chairman will be located in Buffalo. "He's not only a spectacular, brilliant deal maker but understands economics, business and will transform ESDC," Spitzer said of Foye, a friend for 20 years. "We are going to have an upstate co-chair of ESDC based in Buffalo," Spitzer said. "I just want that clear so that those who are saying 'Gee, is this all downstate stuff?'" "The answer is 'No.'" "There will be an upstate chair for ESDC because, again, as I said throughout the campaign that is ... a region that is desperately in need of revitalization, dedication of capital and creativity." |
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Dec 18 2006, 08:03 AM
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#1311
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Advanced Member Group: Subscribing Member Posts: 49,421 Joined: 5-November 04 Member No.: 219 |
QUOTE(Livyjr @ Nov 21 2006, 08:17 AM) And for anyone just stopping by .... Who might be wondering what this thread is about .... A simple answer would be AMERICAN CITIZENSHIP ..... What it might be ... AND WHAT THE COURTS OF THE UNITED STATES OF AMERICA HAVE SAID IT IS NOT .... Or perhaps that should be said ... WHAT THE FEDERAL SECOND CIRCUIT COURT OF APPEALS IN NEW YORK CITY HAS DEFINED "AMERICAN CITIZENSHIP" AS NOT BEING ..... AS A DIRECT RESULT OF ITS ACT ..... IN DECEMBER OF 2005 .... OF DEFINING INTEGRITY .... AND DILIGENCE ... AND VIGILENCE .... ON THE PART OF AN AMERICAN CITIZEN IN THE STATE OF NEW YORK .... AS CONDUCT .... IDENTIFYING THIS AMERICAN CITIZEN ..... AS BEING SOMEONE WHO IS MENTALLY ILL AND DANGEROUS .... AND THUS ... IN NEED OF IMMEDIATE INCARCERATION AND "TREATMENT" ... IN A SECURE MENTAL FACILITY ... IN THIS CASE ... THE SECURE MENTAL FACILITY OPERATED BY NORTHEAST HEALTH, INC ..... A MEMBER OF THE NEW YORK STATE BUSINESS COUNCIL ... AT ITS SAMARITAN HOSPITAL FACILITY IN THE CITY OF TROY, NEW YORK .... And so .... Every now and then ... Someone will make contact with me ... And many times ... They will question the veracity of this thread ... "OH, LIVYJR, YOU HAVE TO BE MAKING THIS ALL UP ..." "THIS IS AMERICA, LIVYJR ...." "THESE KINDS OF THINGS DO NOT HAPPEN HERE ..." And they are simply wrong .... BECAUSE .... THESE THINGS DO HAPPEN HERE ... AND THIS IN FACT DID .... EXCEPT USUALLY .... WE NEVER HEAR OF THESE THINGS .... BECAUSE CORPORATE MEDIA .... IN THIS CASE THE HEARST CORPORATION-OWNED ALBANY, NEW YORK TIMES UNION .... AND OTHER CORPORATE MEDIA .... AND HERE I HAVE TO INCLUDE FOX NEWS .... CHOOSE TO KEEP US ... THE AMERICAN PEOPLE ... IN THE DARK ... ABOUT THESE THINGS ..... BECAUSE "THESE THINGS" ...... IN THIS CASE ... BENEFIT THE MEMBERS OF THEIR ORGANIZATION .... THE NEW YORK STATE BUSINESS COUNCIL ..... WHICH HAS AN ENTIRELY DIFFERENT .... AND QUITE HOSTILE VIEW .... AS TO WHAT THE ROLE OF THE COMMON CITIZEN .... IN THE NEW YORK STATE ... AND AMERICA OF TODAY ... AND TOMARROW .... JUST MIGHT BE ... AND NOW IS .... THANKS TO A BUSH-JUDGE IN THE FEDERAL NORTHERN DISTRICT OF NEW YORK .... AS OF MARCH 31, 2005 .... AND THE FEDERAL SECOND CIRCUIT COURT OF APPEALS IN NEW YORK CITY ... AS OF DECEMBER 2005 .... And so .... QUOTE(Livyjr @ Dec 1 2006, 05:17 PM) "And what we all now get, Livyjr ..." "Thanks to this CommonGroundCommonSense Forum ..." "And this thread ..." "Is that what we think of as OUR judiciary ..." "Here in the United States of America ...." "REALLY IS NOT OUR JUDICIARY AT ALL ..." "NOR IS IT A SEPARATE BRANCH OF GOVERNMENT ....." "WITH INDEPENDENCE FROM THE EXECUTIVE ..." "Which point is made in spades above here in this following passage from this news item entitled 'Bush's Judges Already Making Their Mark', by NANCY BENAC, Associated Press Writer, that was posted on July 10, 2005:" "The cumulative effect, said political scientist Donald Songer of the University of South Carolina, is that "the last three Republican presidents' nominees control virtually the whole judiciary." "Clearly, Livyjr ..." "IF THREE REPUBLICAN PRESIDENTS CAN CONTROL VIRTUALLY THE WHOLE JUDICIARY ..." "AS THIS NEWS ITEM ALLEGES ..." "THEN THE FEDERAL JUDICIARY IS NOT AT ALL INDEPENDENT ..." "WHICH IS A REPUDIATION OF OUR CONSTITUTIONAL FORM OF GOVERNMENT ..." "BY THE JUDICIAL BRANCH ITSELF ..." "WHICH BRANCH OF GOVERNMENT IS IN THRALL TO THE EXECUTIVE FOR ITS VERY EXISTENCE ..." "APPOINTMENTS MADE BASED UPON PARTY LOYALTY TO AN IDEOLOGY ..." "THAT IS ITSELF INIMICAL TO OUR CONSTITUTIONAL FORM OF GOVERNMENT ..." "AS WELL AS BEING HOSTILE ...." "TO RULE OF LAW, HERE IN THE UNITED STATES OF AMERICA ..." "And now, right in front of us, it would seem ..." "We are all faced with the prospect of the Governor of the State of New York apparently atempting to CO-OPT the Chief Judge of the New York State court of Appeals ..." "Who he certainly needs on board if he is to transform the State of New York into the best place in the world to do business ..." "ESPECIALLY IF ELIOT SPITZER WISHES TO CARRY OUT HIS AGENDA OF GUTTING THE PROVISIONS OF THE NEW YORK STATE WORKER'S COMPENSATION LAW ....." "AND STIFLING DISSENT IN THE STATE OF NEW YORK ..." "OR HE NEEDS HER GONE FROM THE COURT ..." "EITHER WAY WILL WORK FOR HIM ...." "WHICH GIVES HIM ALL THE POWER IN THIS MATTER ..." "BECAUSE ON THE ONE HAND ..." "HE CAN PRESENT JUDGE KAYE WITH A FAIT ACCOMPLI ..." "THE FEDERAL SECOND CIRCUIT COURT OF APPEALS HAS UPHELD ELIOT SPITZER'S 'VIEW", AFTER ALL ......." "THAT CONSTITUTIONS ARE NOT REALLY SOURCES OF POSITIVE LAW, ANYMORE ..." "NOR DO CONSTITUTIONS ASSIGN RIGHTS TO INDIVIDUALS, ANY LONGER ..." "NOR DO CONSTITUTIONS IMPOSE DUTIES ON THE GOVERNMENT TO REGULATE THE GOVERNMENT'S ACTIONS TO PROTECT THOSE RIGHTS ..." "And here, perhaps, Eliot Spitzer might even show Judge Kaye a New York State Mental Hygiene Law 9.45 'PSYCHIATRIC ARREST ORDER' signed by Dr. John Christian Braaten of Northeast Health, Inc. in Troy, New York ..." "WITH HER OWN NAME ON IT ..." "KNOWING THAT THERE WOULD BE NOTHING THAT SHE COULD DO ABOUT IT ..." "FOR IT IS A FAIT ACCOMPLI ..." "THE FEDERAL SECOND CIRCUIT COURT OF APPEALS HAS ALREADY GIVEN ELIOT SPITZER THAT POWER ..." "AND HE HAS MADE CLEAR THAT HE IS NOT AFRAID TO USE IT ..." "And so, Livyjr ..." "But in actual fact ..." "Eliot Spitzer does not need to resort to such tactics with Chief judge Kaye ..." "Since he holds her judgeship over her head ..." "AND HE HAS MADE CLEAR, AS THIS THREAD DEMONSTRATES, WHAT HIS CONDITIONS ARE ..." "FOR HER TO MAINTAIN HER SEAT ON THAT HIGH COURT ..." And so .... QUOTE(Livyjr @ Dec 17 2006, 09:19 AM) "Joining Spitzer's "get-it done" set - Mix of associates, outsiders are named to key administration posts" By MICHAEL GORMLEY, Associated Press First published: Saturday, December 16, 2006 ALBANY -- Gov.-elect Eliot Spitzer says "a get-it done attitude that state government desperately needs" is shared by the people he tapped Friday for top level jobs in his administration. Other appointments included Dennis Whalen, who has served in Pataki's Health Department. He will be Spitzer's deputy secretary for health and will report to the governor. Whalen has been a widely respected executive deputy commissioner since 1996. He isn't a physician, so can't be named commissioner, but his deputy secretary role appears to be above the commissioner's level. QUOTE(Livyjr @ Dec 15 2006, 06:24 PM) In the State of New York, today .... Right now .... IF you have the money .... Money is always important, of course ..... And necessary ..... YOU CAN ENGAGE A LAWYER .... A MEMBER OF THE BAR IN THE STATE OF NEW YORK .... And that lawyer can get for you ..... A PSYCHIATIC ARREST ORDER ..... That will allow you .... To have the New York State Police .... HAUL OFF TO A SECURE MENTAL FACILITY .... FOR INCARCERATION ..... ANYONE YOU WISH TO HAVE INCARCERATED ..... IF YOU HAVE A LAWYER ..... And that is why the New York State Bar Association and its "membership" have been brought into this thread ..... As "parties", so to speak ...... BECAUSE OF THIS "SERVICE" ..... THAT ITS MEMBERS .... ARE ALLOWED TO "SELL" ..... TO THOSE MEMBERS OF THE PUBLIC UP HERE .... WHO HAVE THE MONEY .... Money being of importance, after all ..... TO PURCHASE THAT KIND OF SERVICE ..... WHICH IS AGAINST THE LAW, HERE IN THE STATE OF NEW YORK .... BUT SO WHAT? IF YOU HAVE THAT KIND OF MONEY ..... THAT YOU CAN GET A LAWYER ..... TO HAVE SOMEONE INCARCERATED IN A SECURE MENTAL FACILITY ..... BECAUSE YOU WANT THEM THERE .... THERE IS NO "AGAINST THE LAW" FOR YOU ..... YOUR LAWYER SEES TO THAT ..... WHICH IS WHAT THIS THREAD IS ALL ABOUT .... The "PROTECTION RACKET" in New York State .... And the role ..... That lawyers and judges play in that "PROTECTION RACKET" ..... Lawyers and judges who are all MEMBERS OF THE BAR .... And so ..... Right now .... Today .... In the State of New York ..... As we are speaking in here .... If you are a CORPORATION .... And you happen to operate a hospital ..... That is regulated by the New York State Department of Health ..... And you wish to provide .... FOR THE RIGHT PEOPLE ..... Those themselves who are represented by a member of the bar in the State of New York .... WITH THE FINANCIAL RESOURCES .... THE "SERVICE" ..... OF INCARCERATING PEOPLE ..... AS ALLEGED "DANGEROUS MENTAL PATIENTS" ..... FOR YOUR "CLIENTELE" .... AND YOU ARE YOURSELF REPRESENTED .... BY A MEMBER OF THE BAR IN THE STATE OF NEW YORK .... Then you can provide this "SERVICE" ..... EVEN THOUGH IT HAPPENS TO BE "AGAINST THE LAW" IN THE STATE OF NEW YORK ..... AND YOU CAN DO IT WITH VIRTUAL IMPUNITY ..... SINCE YOUR LAWYER .... A MEMBER OF THE BAR IN THE STATE OF NEW YORK .... WILL "MAKE IT ALRIGHT" FOR YOU ..... WITH THE NEW YORK STATE DEPARTMENT OF HEALTH ... AND THE NEW YORK STATE OFFICE OF MENTAL HYGIENE .... AND THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ... AND THE FEDERAL SECOND CIRCUIT COURT OF APPEALS IN NEW YORK CITY .... And so ..... For anyone coming to this thread late ... That is in part what this thread is about .... How that all happens .... AND HOW YOU YOURSELF ... COULD "GET IT DONE" ..... IF YOU HAD THE INCLINATION ..... TO HAVE SOMEONE THAT YOU DON'T LIKE ... REMOVED FROM SOCIETY ..... PERMANENTLY ..... SO LONG AS YOU HAVE THE RIGHT LAWYER .... TO PROCURE FOR YOU .... THE "FRUITS" OF THIS "SERVICE" ..... THAT THE NEW YORK STATE DEPARTMENT OF HEALTH .... ALLOWS THESE CORPORATIONS ..... TO PROVIDE ..... TO THOSE WHO HAVE THE WHEREWITHAL .... And here .... Money and the right lawyer are important .... TO SECURE THESE SERVICES .... And so .... |
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Dec 19 2006, 07:31 AM
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#1312
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Advanced Member Group: Subscribing Member Posts: 49,421 Joined: 5-November 04 Member No.: 219 |
QUOTE(Livyjr @ Feb 8 2006, 07:52 PM) "Someone with access to a lawyer can win by making it impossible for the other partner to be in the game," Albany Law School professor Laurie Shanks said. It's a process set up by lawyers for lawyers, she said. QUOTE(Livyjr @ Mar 28 2006, 06:22 PM) And for anyone just stopping by for the first time ..... Wondering what we are talking about in here ..... What I would say .... Is that we are looking at ... The ANATOMY of a COVER-UP ..... Of on-going corruption ..... In the County of Rensselaer ... In the State of New York .... Where one man ... An engineer .... Was crushed .... Because he would not bow .... To those "forces of corruption" ..... That his licensing as a professional engineer ... In the State of New York ... Required him ... To not only resist ... But further ... To report to the Office of Professional Discipline ... Of the New York State Department of Education ... Pursuant to § 29.3 of the Rules of the New York State Board of Regents as those rules apply specifically to the "design professions" in the State of New York, to include engineers and land surveyors .... Unprofessional conduct shall also include, in the professions of architecture and landscape architecture, engineering and land surveying, being associated in a professional capacity with any project or practice known to the licensee to be fraudulent or dishonest in character, or not reporting knowledge of such fraudulence or dishonesty to the Education Department .... When the PLAINTIFF in this case attempted to comply with this regulation governing his conduct as a licensed professional engineer in the State of New York back in 1988 .... He was "chopped down" .... And hard ... And the Office of Professional Discipline .... Of the New York State Department of Education .... Simply turned its back on PLAINTIFF ... And ignored the evidence forwarded to it by Dr. David Axelrod, the New York State Health Commissioner .... Evidence of wilful violation of the New York State Education law ... And Rules of the Board of Regents as well .... Because of POLITICS .... And PROTECTION .... For the Office of Professional Discipline .... Of the New York State Department of Education .... Is first and foremost ..... A "politically-controlled" agency .... And so ... It knows to not bite the hand that feeds it .... And so .... When evidence of corruption in the REPUBLICAN-controlled Rensselaer County Department of Health was brought before it in 1989 .... As a "FAVOR" to the REPUBLICAN PARTY ... The Office of Professional Discipline .... Buried that evidence ..... And when the PLAINTIFF attempted once more in 2001 to come forward with evidence of an ON-GOING COURSE OF CONDUCT in Rensselaer County involving licensed professionals .... PLAINTIFF was once again "CHOPPED DOWN" ..... Only this time ... Harder than before .... With the "PSYCHIATRIC TAKEDOWN" .... Where a false report by a CORPORATE MEDICAL DOCTOR, in violation of the Rules of the Board of Regents, caused PLAINTIFF to become "LISTED" in the State of New York, and the United States as well .... As an alleged dangerous mental patient .... Despite there not being one shred of evidence ... To support this blatant falsehood .... And despite the fact .... That the CORPORATE DOCTOR, John Christian Braaten of Northeast Health, Inc. ... And Samaritan Hospital ... In Troy, New York ... Never once laid eyes on PLAINTIFF before making and filing this false report .... Nor did Braaten ever examine PLAINTIFF ... As the laws of the State of New York require ... And so ... QUOTE(Livyjr @ Jul 19 2005, 04:02 PM) 14 August 2001 Honorable Kathleen Jimino Rensselaer County Executive Rensselaer County Office Building 1600 Seventh Ave. Troy, New York 12180 RE: Meeting with Rensselaer County Department of Health, 13 August 2001, Pelletier, Poestenkill (T); R.C.H.D. Permit #PO-374-I-RB Dear Ms. Jimino: Pursuant to our recent conversation, this is to confirm for the record that I did meet with Rensselaer County Public Health Director Denise Ayers, Rensselaer County Director of Environmental Health Roy Champagne and Rensselaer County Senior Sanitarian Loren Lutz in the clinic conference room at the north end of the second floor of the Rensselaer County Office Building, 1600 Seventh Ave., Troy, New York at about 9:15 A.M. on Monday morning, August 13, 2001. This meeting lasted from about 9:15 A.M. to approximately 11:30 A.M. on Monday, August 13, 2001. According to my records, the meeting started out with Ms. Ayers informing me that she was treating my concerns over the issuance of the above Rensselaer County Sewage Permit as a citizen complaint, and that I was meeting with her and Roy Champagne instead of Mr. Charles DeFazio, P.E., because Roy Champagne was the supervisor of Loren Lutz and she was the supervisor of Charles Defazio, the Rensselaer County Public Health Engineer who signed and sealed the above permit on behalf of Ms. Ayers on May 22, 2001. The first order of business at the Monday morning meeting was to confirm that we had before us all relevant Rensselaer County Department of Health records pertaining to the issuance of the above permit. Ms. Ayers and Mr. Champagne both assured me that in fact we did. At the time of the meeting, there were two (2) Rensselaer County Health Department record folders in evidence before us. One of those record folders contained numerous background records on the Pelletier property since in or about 1972, and the second folder, pertaining to the above permit, contained just four (4) documents, to wit: a) application for permit to construct an individual sewage disposal system for Jeffry Pelletier, 9072 NY 66, Averill Park, N.Y. dated October 16, 2000 (see, Exhibit A); b) an unsigned, uncertified New York State Department of Health Percolation Test Data Sheet dated October 31, 2000; c) a single page plan for a raised bed sewage disposal system for Jeffry Pelletier, tax map #136.00-7-3, Town of Poestenkill prepared by Aiken Engineering, 287 Upper Mannix Road, East Greenbush, N.Y. 12061 dated May 4, 2001; and d) Rensselaer County Department of Health Permit to Construct #PO-374-I-RB for tax map number 136.00-7-3 issued by Charles A. DeFazio, P.E., Rensselaer County Public Health Engineer on May 22, 2001 (see, Exhibit B). After certifying that all copies of alleged relevant records in the hands of each person present at the meeting were in fact identical in all regards, specifically that I had true copies of all relevant documents pertaining to the issuance of the above permit, discussion began concerning the contents of the October 16, 2000 Pelletier application (see, Exhibit A). My first question of Ms. Ayers and Mr. Champagne concerned the fact that there was no tax map number on the application. No answer was proffered by either Ms. Ayers or Mr. Champagne. When I asked the significance of there being no tax map number on the application, I received no answer. When I asked if all applicants for sewage disposal permits were allowed to provide no tax map numbers, there was no answer. My second question of Ms. Ayers concerned itself with the fact that the application made reference to a proposed subdivision. Specifically, I wanted either Ms. Ayers or Mr. Champagne to show me any documents in the Rensselaer County Department of Health records that pertained to any subdivision of land by Pelletier that would result in the "Lot 1" on the application. Neither Ms. Ayers nor Mr. Champagne could point to any documents in the records of the Rensselaer County Department of Health pertaining to any subdivision of land by Pelletier. At this point in the discussion, what I found especially disturbing was that despite the fact that she had no substantive evidence in her files, Ms. Ayers still attempted to tell me that she knew all of the details of the alleged subdivision. When I asked Ms. Ayers as a Rensselaer County official to point to even one document that would substantiate anything that she was trying to tell me as fact, she could not do so because there were no records in her files that substantiated a word she was saying. I found this especially disturbing because while neither Ms. Ayers nor the Rensselaer County Department of Health had any records in their collective possession to substantiate the assertions being made by Ms. Ayers, or the issuance of a sewage disposal permit by the Rensselaer County Department of Health, I had in my possession a stack of documents over an inch thick pertaining to this project which completely discredited what Ms. Ayers was trying to assert as fact. We then turned to the approved May 4, 2001 Aiken plan and I pointed Ms. Ayers to an information block on the plan (see, Exhibit C) just above the Rensselaer County Department of Health approval block, wherein is stated "Boundary information on this plot plan was obtained from a survey map prepared by Kevin McGrath, Land Surveyor, titled "Proposed Subdivision Lands of Raymond C. Pelletier and Mary A. Pelletier" dated December 28, 2000.'" When asked if Ms. Ayers had that subdivision map clearly referenced on the plan which Mr. DeFazio and Ms. Ayers had approved anywhere in her records, her answer was in the negative. When asked if she had ever seen this map prior to the approval of this plan, her answer was in the negative. When asked about the discrepancy in the fact that the application for a sewage system by Pelletier was dated October 16, 2000, and the map on which the design was to be based was not made until December 28, 2000, some two (2) months after the date of the application, Ms. Ayers could provide no explanation. When I asked Ms. Ayers if she had any knowledge of any approved subdivision maps for this alleged subdivision, her answer was in the negative. At this point in the discussion, I took from my records a copy of a map entitled "Proposed Site Plan, Lands of Raymond C. Pelletier and Mary A. Pelletier" dated February 3, 2000, prepared by McGrath Land Surveyors, obtained by myself from the official records of the Town of Poestenkill where Rensselaer County Attorney Robert A. Smith is Planning Board attorney, and I showed this map to Ms. Ayers. When I asked Ms. Ayers if she had a copy of this map in her records, her answer was in the negative. I then asked Ms. Ayers to look at this map carefully and to then tell me whether or not this February 3, 2000 map, stamped by a professional land surveyor, constituted a realty subdivision pursuant to the New York State Public Health Law and the Rensselaer County Sanitary Code and her answer was in the affirmative. I next pointed out to Ms. Ayers the fact that the date of this stamped map, February 3, 2000, preceded the date of the application, October 16, 2000, by eight (8) months, and I pointed out to Ms. Ayers on this February 3, 2000 map the lot for which the application was received in October of 2000, and I asked Ms. Ayers why she did not have this map in her possession when several copies were in the official records of the Town of Poestenkill, when she clearly had an application for one of the lots depicted on this map in her possession dated some eight (8) months after the date of the subdivision map. She had no answer. At this point, I explained to Ms. Ayers that I was quite disturbed by all of this because of all the possible cases in Rensselaer County where there should have been no missed communications between the Rensselaer County Department of Health, its public health director, public health engineer, and the Town of Poestenkill Planning Board as to mandated coordinated review of a realty subdivision, it would have had to be this one because, according to the official records of the Town of Poestenkill (see, Exhibits D and E), Rensselaer County Attorney Robert A. Smith was directly and intimately involved in the review of this matter in his official capacity as Rensselaer County Attorney, and therefore, it was inconceivable to me given that fact that the Rensselaer County Department of Health and its public health director and public health engineer would have no idea whatsoever that this subdivision was under review in the Town of Poestenkill. Ms. Ayers had no response. To underscore the fact that Rensselaer County Attorney Robert A. Smith was intimately involved in the review of this subdivision in his dual capacity as Town of Poestenkill planning board attorney and Rensselaer County attorney, I provided her with copies of Exhibits D and E, respectively a copy of an October 20, 1998 letter concerning this project from attorney Philip Landry III to Robert A. Smith, and a copy of a February 15, 1999 fax from Robert A. Smith to attorney Landry III concerning this project wherein County Attorney Smith tells Landry III to call him on this project at the Rensselaer County Attorney's office. I then asked Ms. Ayers to make reference to the second paragraph of the October 20, 1998 Landry letter annexed hereto as Exhibit D wherein is stated "For ease of description I'll make regular references to the enclosed composite map of the lands of Pelletier as prepared by Paul A. Weiss/Charles E. Ventor, Jr. dated November 5, 1982", and I asked Ms. Ayers if she had a copy of this map in her files. Her answer was in the affirmative, and so we pulled out a copy of this official 1982 map for reference purposes. I asked Ms. Ayers to carefully compare details of the official 1982 map in her files, to which Landry III also makes reference, with details of the February 3, 2000 map, and the subsequent map filed with the Rensselaer County Clerk to support the subdivision approval which underlies the sewage permit issued by Ms. Ayers and Charles DeFazio in May of 2001. Ms. Ayers readily noted discrepancies. When asked how it was that she and the Rensselaer County Department of Health would have had no knowledge of any of this until shown by myself on Monday morning, August 13, 2001, given that all of this was public record readily available to her in her capacity as Rensselaer County Public Health Director with a responsibility to know these details prior to issuing sewage disposal permits, Ms. Ayers had no response. That essentially summed up the tone and tenor of the meeting, which as stated, lasted over two (2) hours. Despite the fact that neither she nor Charles DeFazio had any records in their possession to support the issuance of a sewage disposal permit in May of 2001, the permit was issued anyway, and despite the fact that a realty subdivision was under review in the Town of Poestenkill in February of 2000, which required review by the Rensselaer County Department of Health as a matter of law, Ms. Ayers and the Rensselaer County Department of Health would have me believe that they were totally ignorant of the fact, despite public records to the contrary. So, at this juncture, based upon the extensive public record in this matter, the only conclusion the evidence appears to support subsequent to my August 13, 2001 meeting with Ms. Ayers is that either Denise Ayers, the Rensselaer County Public Health Director, and Charles De Fazio, the Rensselaer County Public Health Engineer, were grossly negligent and incompetent in this matter, to my detriment as a disabled person living in this county, or that they knowingly and willingly aided and abetted Jeffry Pelletier in avoiding the scrutiny of the New York State Public Health Law and the Rensselaer County Sanitary Code. Based upon the evidence in this matter, and given the close involvement of Rensselaer County Attorney Robert A. Smith in this matter, there is really no other conclusion that can be reached, and as a disabled person dependant upon groundwater for my drinking water and the protection of that groundwater by the Rensselaer County Department of Health, I have to say to you as Rensselaer County Executive that I am very disturbed by what appears to have transpired in this matter. Since I appear to have no other recourse, given that Ms. Ayers has today indicated to me that she intends to continue to cover this matter over, it is my intention to bring suit against the County of Rensselaer to obtain redress of my grievances in this matter. Should there be something that your office can do to rectify this matter in a timely fashion, I would be pleased to hear of it. In the meantime, I shall be preparing my suit against Rensselaer County for timely filing. Thanking you in advance for any attention which you may be able to give to this matter, I remain Respectfully, PLAINTIFF QUOTE(Livyjr @ Nov 16 2005, 05:59 PM) The last thing this young person was wondering, and we are too, to be quite truthful, since it is OUR tax dollars being used against us, is how the County of Rensselaer is providing legal services to Carl Richard Aiken of East Greenbush, who is a private practice licensed engineer who was working for defendant Jeffrey Pelletier at the time Pelletier assaulted the plaintiff in August of 2001, just before the August 22, 2001 "PSYCHIATRIC TAKEDOWN" happened, and Kevin Joseph McGrath, the New York State-licensed surveyor who was at the same time Pelletier's "CONSULTANT" before the Poestenkill Planning Board, as well as its CHAIRMAN ..... I, of course, did not have an answer for this young person ..... Originally, Aiken was represented by an attorney in East Greenbush, New York named Kevin Engel, who was at the same time the Town Justice in East Greenbush, the Rensselaer County town where Aiken has his practice located .... When the appeal was filed, Engel informed the Court that he was not retained by Aiken for the appeal ... Shortly thereafter, his name appeared on the list of clients that Tommy O'Connor was representing, which included Rensselaer County Executive Kathleen Jimino, Rensselaer County Director of Community Services Joseph Cybulski, Rensselaer County Building Maintenance Supervisor Timmy Holt, the now-famous RENSSELAER COUNTY TRASHMAN who gave the word to defendant Dr. John Braaten at Samaritan Hospital in Troy, New York to issue a psychiatric arrest warrant for plaintiff on August 22, 2001, Rensselaer County Public Health Director Denise Ayers, Rensselaer County Director of Environmental Health Roy Champagne, and Rensselaer County Veterans' Service Officer Robert "Bob" Reiter. For that to have happened in Rensselaer County, for this legal burden to have been put onto the taxpayers of Rensselaer County, the REPUBLICAN-controlled Rensselaer County Legislature would have had to have approved a RESOLUTION making it be so ... And the same with McGrath .... There would have had to been a RESOLUTION for him as well .... But fat chance of our ever tracking any of this down .... It's buried like a needle in a haystack now .... And that is how it goes .... IF you are a licensed professional engineer in the State of New York ..... Today .... Right now as we speak .... Licensed by the New York State Department of Education .... And subject to the Rules of Practice in the State of New York .... As promulgated by the New York State Board of Regents ... And you have an opportunity to make some money ..... Money is important, after all .... Signing off on plans that do not meet the requirements of the applicable codes, rules and regulations .... And certifying projects that were not built in accordance with those applicable codes, rules and regulations ..... All you have to do .... To get yourself some necessary "cover" ..... Is to secure the "SERVICES" of a lawyer who is a member of the bar in the State of New York .... Preferably a lawyer who is also the local judge .... And even though what you are doing is a violation of the law in the State of New York ... YOU ARE TROUBLE-FREE .... Because you have a lawyer who is a member of the bar in the State of New York to "cover your back" .... To make sure that no witnesses will ever be able to come forward against you .... To bring on a case in court .... Or to "make trouble" for you .... With the Office of Professional Disicipline of the New York State Department of Education ..... And so .... For those of you who are just arriving at this thread now ... And are wondering what the topic of discussion is in here ..... Well ... That above gives you a capsule summary ..... THE "SERVICES" THAT MEMBERS OF THE BAR IN THE STATE OF NEW YORK CAN'T REALLY ADVERTISE .... AT LEAST TOO OPENLY OR BLATANTLY .... BUT CAN PROVIDE .... IF YOU HAVE THE MONEY WITH WHICH TO PROCURE THESE "SERVICES" ..... Money is always important, after all ..... And so .... This post has been edited by Livyjr: Dec 19 2006, 07:35 AM |
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Dec 20 2006, 06:16 AM
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#1313
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Advanced Member Group: Subscribing Member Posts: 49,421 Joined: 5-November 04 Member No.: 219 |
"Dispute derails 2 judgeships"
Albany, New York Times Union First published: Monday, December 18, 2006 New York is two judges short of what it is supposed to be after a furious Senate Majority Leader Joseph L. Bruno pulled Assembly Speaker Sheldon Silver's picks for the Court of Claims last week. According to Assembly sources, Bruno, Silver and Gov. George Pataki made a deal on Court of Claims judgeships back in June, and when lawmakers gathered for an extraordinary session Dec. 13, it seemed everything was going according to plan. Silver's two picks: Dan Conviser, counsel to the Assembly Rules Committee, and Elizabeth Foley, director of the New York City Department of Education's Office of Special Investigations. They spent much of Wednesday filling out the necessary paperwork to take their seats on the bench. When confirmation time came, the two joined their fellow nominees, who were accompanied by family members and guests, in the Senate gallery. But things had gone horribly wrong with negotiations between Silver, a Manhattan Democrat, and his Republican counterparts over legislation on civil confinement of sex offenders. When no deal was forthcoming, Bruno, R-Brunswick, decided not to confirm Silver's judges. The Assembly sources said a Senate staffer went to the gallery and told Conviser and Foley he needed to speak with them outside the chamber. When Conviser said his confirmation was next on the list, the staffer told him the $136,700-a-year judgeships, which carry nine-year terms, were no longer in the cards for either him or Foley. The fact that Conviser, a criminal justice expert, had long spearheaded negotiations on civil confinement might have added to Bruno's wrath, at least one Republican source suggested. But a Silver aide said Conviser was not involved in the latest round of talks on the controversial topic. Until recently, Foley was an assistant state attorney general in Gov.-elect Eliot Spitzer's office. She was also once a victims' advocate in Manhattan District Attorney Robert Morgenthau's office, where Spitzer was a prosecutor. Contributors: Capitol bureau reporters Elizabeth Benjamin, and James M. Odato. Got a tip? Call 454-5424 or e-mail jjochnowitz@timesunion.com. |
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Dec 20 2006, 06:28 AM
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#1314
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Advanced Member Group: Subscribing Member Posts: 49,421 Joined: 5-November 04 Member No.: 219 |
"Does Henry Zwack deserve judgeship? - Maybe the eyes have it"
Albany, New York Times Union First published: Friday, December 15, 2006 When veteran Rensselaer County political gadfly C.B. Smith called, he couldn't get the words out fast enough. "You will never, never, NEVER guess who's been nominated for a Court of Claims judgeship," he said, obviously inviting me to make a stab at it. Mary Donohue? "Oh sure, but there's somebody else." "Would you believe Henry ZWACK?" he chortled. My eyes rolled. I couldn't help it. Later I learned from pols and a whole lot of ordinary citizens of all political stripes that when they heard about Zwack's unexpected ascendancy, their eyes rolled too. Henry does that to a person. It's a good thing eye rolling doesn't do permanent damage or half the Capital Region would be walking around looking like Orphan Annie. But sure enough, with the speed and efficiency of a flushing toilet, Henry Zwack's name surged through the Senate confirmation process. From off-the-radar citizen Zwack to hizzoner before anybody -- especially Zwack nemesis C.B. -- had a chance to raise the alarm. But then again, I'll bet that was the entire plan, to zip it through. Reaffirming how 19th-century good old boy politics survives in 21st-century Albany. Zwack's patron is Senate Majority Leader Joe Bruno. With the changing administration, Henry was going to be out of work in another couple of weeks as the executive deputy at the state Office of Alcoholism and Substance Abuse, so the decision was apparently made to take the risk of a political stink and prop Henry up on the bench in a hurry. Zwack, a Bruno loyalist, was being angled for this very same judgeship as a face-saving device back in 2000, before he resigned under fire as Rensselaer County Executive. C.B. Smith was instrumental in derailing the Zwack rescue attempt. At the time Henry faced two horrendous years of criminal indictments and trials. He was acquitted of multiple counts of perjury and influence peddling, but enough mud stuck from those proceedings that Zwack was considered nuclear waste in the county for a long time. Nobody would get near him. But now Joe is making good on that loyalty with a nine-year sinecure worth $136,700 a year. I confess I've always been of two minds about Henry Zwack. Yes, he's arrogant and jumps to conclusions and can be cruel, punitive and a general tyrant. But he's funny, smart as hell, a terrific lawyer, by all accounts an exemplary family man with a work ethic that is unfailing. He's an outdoorsman. He can take a punch. In many ways, I admire Henry and I certainly enjoy his company. What prompts an eye roll at the name, at least from me, is Bruno's gall in nominating for a judgeship a troubled politician with a difficult personality who spent significant lengths of time a few years ago as a defendant looking up at a judge. The sudden role reversal is insulting to the people. Granted, he was found not guilty. Twice. For many, that might be sufficient exoneration. But does it clear the slate entirely? If there is such a thing as judicial temperament, Henry Zwack is an unlikely candidate. But does judicial temperament even matter on the Court of Claims, which settles cases filed against the self-insuring State of New York? Maybe not. Although certainly collegiality does, in order to get the work load processed. Who knows how Henry will fit in. He's surprised us before. He did a terrific job at OASIS as the first deputy, I'm told. So we'll just check the eyeballs of his fellow judges in a year or two. The eyes will tell us. LeBrun can be reached at 454-5453 or by e-mail at flebrun@timesunion.com. |
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Dec 20 2006, 06:50 AM
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#1315
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Advanced Member Group: Subscribing Member Posts: 49,421 Joined: 5-November 04 Member No.: 219 |
QUOTE(Livyjr @ Dec 8 2006, 08:01 AM) I am an American citizen .... AND I BELIEVE IN THE "LAW" .... As it is written ...... And with respect to this "right to counsel" issue .... Here in the State of New York .... The "LAW" ..... Which is not this Laurie Shanks, the law school professor .... Or this Juanita Bing Newton, the administrative judge .... BUT THE LAW AS WRITTEN ..... That being the New York State Criminal Procedure Law .... Has this to say .... IN VERY SIMPLE AND NON-COMPLEX WORDING ...... ABOUT WHAT THE "LAW" REALLY DOES REQUIRE .... IN THE STATE OF NEW YORK .... WHEN IT COMES TO THE RIGHTS OF AN AMERICAN CITIZEN UP HERE .... TO DEFEND HIM OR HERSELF .... WITHOUT HAVING TO PAY EXTORTIONATE RATES ..... TO SOME MEMBER OF THE NEW YORK STATE BAR ASSOCIATION ..... WHO IS JUST AS LIKELY TO SELL OUT THE CITIZEN .... AS NOT .... And so .... NEW YORK STATE CRIMINAL PROCEDURE LAW - ARTICLE 170--PROCEEDINGS UPON INFORMATION, SIMPLIFIED TRAFFIC INFORMATION, PROSECUTOR`S INFORMATION AND MISDEMEANOR COMPLAINT FROM ARRAIGNMENT TO PLEA S 170.10 Arraignment upon information, simplified traffic information, prosecutor`s information or misdemeanor complaint; defendant`s presence, defendant`s rights, court`s instructions and bail matters. The defendant has the right to the aid of counsel at the arraignment and at every subsequent stage of the action. If he appears upon such arraignment without counsel, he has the following rights: (a) To an adjournment for the purpose of obtaining counsel; and (b) To communicate, free of charge, by letter or by telephone, for the purposes of obtaining counsel and informing a relative or friend that he has been charged with an offense; and Š To have counsel assigned by the court if he is financially unable to obtain the same; except that this paragraph does not apply where the accusatory instrument charges a traffic infraction or infractions only. 4. Except as provided in subdivision five, the court must inform the defendant: (a) Of his rights as prescribed in subdivision three; and the court must not only accord him opportunity to exercise such rights but must itself take such affirmative action as is necessary to effectuate them ...... SO ..... The defendant has the right ..... To the AID .... Of counsel ..... At the arraignment ..... And ..... At every subsequent stage of the action ..... Now .... As an American citizen ..... I say ... THAT THAT IS THE LAW .... "THE RIGHT TO AID OF COUNSEL ..." WHICH IS NOT AT ALL A REQUIREMENT OF COUNSEL .... NOR AN OBLIGATION ... TO HAVE TO SURRENDER ONE'S RIGHTS .... TO A MEMBER OF THE NEW YORK STATE BAR .... DESPITE ANY OPINIONS JUDGE JUANITA BING NEWTON MIGHT HAVE .... TO THE CONTRARY .... And it is the law .... Not because I say it is .... Or Laurie Shanks from Albany Law School .... Or Juanita Bing Newton ..... BUT BECAUSE OUR NEW YORK STATE LEGISLATURE SAYS IT IS THE LAW .... IN THE STATE OF NEW YORK .... Not in any other state, of course .... All of which have their own value systems .... Which may vary greatly from that of the State of New York .... BUT NO MATTER .... That is the law here .... And when this administrative judge Juanita Bing Newton .... Is saying .... Very publicly ... In the pages of the Albany, New York Times Union .... "AND I AM CERTAINLY NOT AN ADVOCATE OF PEOPLE REPRESENTING THEMSELVES." What she appears to be doing .... IS REPUDIATING THE VERY LAW IN THE STATE OF NEW YORK AS WRITTEN .... WHICH SHE HAS AN AFFIRMATIVE DUTY TO BE UPHOLDING .... WHICH IS A PROBLEM THAT WE ARE HAVING UP HERE WITH JUDGES .... HAVING THEM MAKE A MOCKERY .... OF OUR LAWS .... And so .... "Top court candidates rated well-qualified" By CAROL DeMARE, Staff writer, Albany, New York Times Union First published: Wednesday, December 20, 2006 The New York State Bar Association has deemed all seven candidates under consideration for associate judge of the Court of Appeals to be well-qualified for the post. Ratings released by bar president Mark H. Alcott have also been sent to Gov.-elect Eliot Spitzer, who must make an appointment by Jan. 15. The state Commission on Judicial Nomination has charged a 21-member committee within the 72,000-member bar group with reviewing candidates who may succeed retiring Judge Albert Rosenblatt on the state's highest court. They are: Richard T. Andrias, associate justice of the Appellate Division, First Department; Juanita Bing Newton, deputy chief administrative judge for Justice Initiatives for the state Office of Court Administration and administrative judge for the criminal courts of New York City; and Albany attorney George F. Carpinello, a partner in the firm of Boies, Schiller & Flexner. Also Steven W. Fisher, associate justice of the Appellate Division, Second Department; Theodore T. Jones Jr., administrative judge of state Supreme Court in Kings County; Thomas E. Mercure, associate justice of the Appellate Division, Third Department, in Albany; and James A. Yates, a state Supreme Court justice in New York County. Among the committee's considerations were professional ability, experience, character and temperament. According to state bar guidelines, "qualified" applies to candidates who have demonstrated the necessary qualifications for the office while "well-qualified" is reserved for those who the committee believes possess pre-eminent qualifications. The association has been evaluating candidates for the state's highest tribunal since 1967. The Women's Bar Association of the State of New York also rated the seven candidates and deemed all of them "approved" for the position. The association's Judiciary Committee interviewed the nominees and rated them as either approved or not approved. Carol DeMare can be reached at 454-5431 or by e-mail at cdemare@timesunion.com. Contributing was Michele Morgan Bolton. |
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Dec 20 2006, 07:45 AM
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#1316
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Advanced Member Group: Subscribing Member Posts: 49,421 Joined: 5-November 04 Member No.: 219 |
QUOTE(Livyjr @ Apr 13 2005, 07:54 AM) And what about the FBI, then, Livyjr? What happened to the FBI? And here is another important question, that needs to be addressed and understood, in assessing this matter that is under discussion in here, which is an alleged "ring" operating in the State of New York, consisting of at least two doctors, and a hospital, and a corporation, and a very powerful and politically connected law firm in the Capital District area of the alleged corrupt EMPIRE STATE of New York, who for an alleged "pay-off", will allegedly remove a witness in a court proceeding, or a witness who is about to initiate proceedings in court, by the expediency of having the doctor falsely and fraudulently "certify" the witness as being a "dangerous mental patient" who requires immediate care and treatment in a secure mental facility operated by the corporation, with the blessings of the "state", or the REPUBLICAN side of it, anyway. Once "BRANDED" in this way, of course, the witness is done, literally done, and all who must depend on such witness to make a case of government corruption in a court of law are then done, too, which is what this thread is all about. SO! The FBI! What happened to the FBI? Simple! They were turned off like a "light bulb", and that was that! No more contact allowed, by ORDER of the Office of the U.S. Attorney for the Northern District of New York. How do we know this? Well, for one, it came directly from the FBI special agent who was doing the digging into this matter of alleged corruption in the Town of Poestenkill Planning Board, and the Rensselaer County Department of Health, from approximately 1978, through 1988, and that is OUR best evidence, of course, and then that fact is also confirmed in Exhibit Q of the ORIGINAL COMPLAINT filed in this matter with Federal District Court for the Northern District of New York on June 18, 2003, about three months AFTER the President of the Albany County, State of New York Bar Association confirmed in a very public newsletter that in the Albany, New York area, where all of this was transpiring, and where the FBI investigation was being conducted out of, ATTORNEYS ASSOCIATED WITH THE ALBANY COUNTY BAR, have no ethics, which is to say, no integrity. As the Bar Association President was to say, in paraphrase: "Ah, that GRAND and glorious feeling, give them a GRAND, and they feel just glorious", and folks, that is the way it is! Money talks, and that is the only voice that can and will be heard in the courts of the State of New York, by order of the management. Right after the FBI Special Agent filed his report which constitutes Exhibit P of the ORIGINAL COMPLAINT, which exhibit was quoted from above as concluding that the Rensselaer County Department of Health was violating State and local laws to facilitate developers in Rensselaer County, the Office of the U.S. Attorney TURNED THE INVESTIGATION OFF, like a faucet! According to OUR account, which is based on a first-hand account by a witness, the FBI Special Agent then met with OUR expert and told him that the best course of action for him would be to leave, to just get out of town, and stay there, because OUR witness's "enemies" went way up higher than this FBI Special Agent's head, and where the Office of the U.S. Attorney had officially "turned off" the investigation, there was nothing further that he could do in the matter, and he was not going to jeopardize his career for us, who are essentially, just a bunch of nothing in the world of the rich and powerful in Albany, New York. And why has this never come out before? Well, where and how was that going to happen, would be my reply! After all, it never was a secret in the first place. Everyone in Rensselaer County at that time KNEW the FBI were investigating, because they don't blend in the first place, when they are around, and they definitely were around, right out in plain sight, trying to find people who would talk about having been threatened or shaken down by personnel from the Rensselaer County Department of Health for an "approval". And not only was the FBI talking to people in Rensselaer County on what was to be a futile quest to find anyone, outside of OUR expert who would come forward as a witness, they were also present when OUR expert was put on "trial" by Rensselaer County for having made those reports to the State Health Commissioner which resulted in the FBI investigating this matter in the first place. WE, who in mute witness, stand, were there, and WE saw the FBI there, and they saw us! SO! That is how we knew that there would be some kind of FBI records detailing the matter, and years later, through Freedom of Information, we were finally able to obtain copies of those records, which were then immediately "suppressed" again by the "powers-that-be" in Rensselaer County and the State of New York, and that brings us right on up to this present moment in time. Thank you for your continuing interest. To be continued ..... QUOTE(Livyjr @ Apr 16 2005, 05:24 PM) SO! There we all were! US, and the FBI, and the BIG-CITY MEDIA, boys, and girls , too, although most had their "leading men"-style anchors there, to give a real "air of seriousness" to the proceedings, which were to extend over a several month period, as I recall it, and so, there was a chance for a lot of media exposure for whomever got this "news" assignment, and so, for us country folk in the audience, that was something to see, all the primping and preening of these news anchors that goes on, a little powder here and there on the face, especially the bridge of the nose, and some rouge, of course, and there we all were, in mute witness, standing, watching it all go down, just as the FBI was, although the FBI really did not "blend", at all! In fact, he stood out like a sore thumb, and in the end, when his chain got jerked up short by the U.S. Attorney, and he disappeared, and visibly so, from the scene, in the end, that was bad for us, who were involved as citizens into this investigation of alleged corruption in the Rensselaer County Department of Health that was threatening to turn OUR Rensselaer County into a literal running sewer, so as to "FACILITATE DEVELOPERS, AND DEVELOPMENT" in Rensselaer County, which is just another way of saying "peddle your ***, to make some graft", and don't be greedy with it, pass it on up into PARTY CENTRAL, and everything will just be alright. Except by 1986, it no longer was, or so we were told, or really, so we were led to believe by the Most HIGH and SERENE and Honorably So Mario Cuomo, in a series of BILL MESSAGES that led us to believe that the rampant ENTERPRISE CORRUPTION endemic in the State of New York was going to be crushed! And so, we were led to believe by Cuomo appointee Dr. David Axelrod that any corruption whatsoever in the Environmental Health programs of the Rensselaer County Department of Health was going to be stamped out, and that HE, the New York State Commissioner of Health, was sending us an honest, and up-right man, qualified for the job of CLEANING CORRUPTION out of the Rensselaer County Department of Health, by a rigid series of qualifying examinations, and so was not just one more political hack, trained as a hairdresser, YET doing the job of a doctor or licensed engineer in Rensselaer County. And now, here we were, some two years later, watching ......... US, and the FBI, all watching SOME ABSOLUTE MOCKERY that we were being told was a TRIAL of this person who was appointed by Dr. Axelrod to scour the Rensselaer County Department of Health of any and all corruption in its environmental health division, and to set those programs aright, so that equal protection of the Public Health Law was afforded to ALL residents of the county, and not just the LAND DEVELOPERS, many of whom weren't even from the area, at all, and sometimes, not even the state. Just a bunch of "GOOD-TIME BOYS" moving around huge amounts of money, and honey, get out of their way, because THEY ARE COMING THROUGH! And this TRIAL OF THE CENTURY that we were all at, US and the FBI, this was THE CASE IN POINT, and the developers wanted everyone to know that, and make no mistake about it, AND FBI BE DAMNED! What was the FBI going to do about anything, was the developers point of view, and for good reason, because to them, their PATRON, the State Senator from Rensselaer County, the alleged "MOST POWERFUL MAN" in the State of New York, could have the FBI turned off like a faucet, and so, they were just waiting around to see it happen! BUT .... Now, I digress! AND SO .... QUOTE(Livyjr @ Apr 19 2006, 07:39 AM) We wonder, us ..... As we continue to go over these words in here ... And especially as we read these words above ..... About a health officer in Rensselaer County in the State of New York ....... Who was also ..... A certified associate level public health engineer in the State of New York ..... Which is a person who applies engineering principles for the detection, evaluation, control and management of THOSE FACTORS IN THE ENVIRONMENT WHICH INFLUENCE OUR HEALTH ..... Being removed from his job ... Which was to protect and safeguard OUR lives, health and property .... Those of us who are the CITIZENS up here ..... Because he told another licensed professional engineer in Rensselaer County "representing" the "interests" of "land developers" in Rensselaer County .... To learn and adhere to the appropriate codes and sound engineering practices ... When "representing" those "land developers" ..... Before the Rensselaer County Department of Health .... Instead of looking for a "PASS" ..... A "free ride" ..... Based upon DISBURSEMENTS ... Or political pay-offs ... Which are bribes ... By definition ... When they are for the purpose of influencing the actions of a public official ... Like REPUBLICAN Rensselaer County Public Health Director Kenneth Van Praag .... Or REPUBLICAN Rensselaer County Executive John L. Buono .... Who allegedly "took a dive" for some $80,000 ..... Turning OUR health department management over to the "development interests" in the process ... WITH THE BLESSING OF THE NEW YORK STATE DEPARTMENT OF HEALTH .... Or REPUBLICAN Rensselaer County Attorney Robert A. "Big BOB" Smith, ESQUIRE ..... Who allegedly made the "whole show go down" .... Once he was allegedly assured ... That the "money is in the bank" ..... And the New York State Health Department "oversight staff" .... Were already "ON BOARD" ....... We wonder in how many other states .... You can read in a newspaper article published in the capital of the state informing people that .... THE REAL PURPOSE OF STATE HEALTH DEPARTMENTS .... IS TO TURN SOW'S EARS INTO SILK PURSES .... Which is to say ... Worthless swamp land .. Can suddenly be transformed ... Into prime developable land .... With just a flick of the Health Department Engineer's pen ..... "And there is yours ..." "Next ...." We wonder, us .... In how many other states in this union of OURS ... A health officer can be so publicly pilloried ..... Right next door ... To the State Capital ... Where the state's Commissioner of Health resides ..... BECAUSE he would not turn his back on his responsibilities ..... While the state health commissioner just looked on ... In mute silence ... KNOWING .... That the county doing the pillorying ..... Was operating based on a policy of applying increasing levels of pain and less humanitarian measures to a health department engineer who would not be corrupt on demand of the county executive ... AND HIS POLITICAL PARTY .... We wonder .... In how many states of this union of ours .... A state-licensed medical doctor .... Can openly "market" false certifications of mental illness for the enemies of those who can afford the necessary LEGAL FEES and DISBURSEMENTS to "procure" those false certifications ..... WITH THE BLESSING OF THE STATE HEALTH COMMISSIONER .... AND THE PROTECTION ... Of the State Attorney General ... Which is what happened here ..... We wonder .... In how many other states in this union of OURS ... A person who has procured such a false certification ... Can then launder it through the Office of the U.S. Attorney for that state ... With impunity ... So as to "legitimize" the fraudulent instrument .... The way "chop shop" owners can take a bogus title that they obtained from a state motor vehicle office ... Across state lines ... To register the vehicle in a neighboring state .. So as to "legitimize" the bogus title .... By "laundering" it through the "system" .... And we wonder ... In how many other federal district courts out there in OUR America ... The perpetrators of these kinds of deeds ... Find themselves with the arm of the federal judge wrapped around their shoulder ... Wrapping them up completely ... In the protection of the federal government .... While at the same time ... Closing the doors to justice in the face of the victims of the perpetrators ... WHICH IN THIS CASE ARE US .... Those who have been stripped of the protection of law ... By the incredible favoritism ... Shown to assailant Jeffrey Pelletier in this matter ... Who openly bragged about violating federal criminal laws .... With intent to cause harm ... When he assaulted the PLAINTIFF herein ..... In August of 2001 .... To deter the PLAINTIFF from acting as a witness against Pelletier ..... FOR OUR PROTECTION ... In accordance with New York State Law .... Which the federal judge then took .... Along with OUR state Constitution ..... And tossed right in the trash ..... Along with the PLAINTIFF ... AND US ... Those who are adversely impacted by this most incredible and very public act .... And we wonder .... How many other federal circuit courts of appeals out there in America .... Would have simply "rubber-stamped" that decision by a federal district court judge ... Such as happened in here .... In this case .... And we wonder ... Just how abysmally corrupt a place that this America must be ... When this is what the federal courts deliver up ... To US, the citizens of this once great but now corrupt nation .... Which it must be ... If this is common practice ... In other states in the union .. Besides New York ... Where the word of the Second Circuit Court of Appeals IS THE LAW .... And the "law" ... As written .... Is a mockery, instead ..... Made so ... By that federal court ..... And its flaunting in OUR faces ... Of OUR helplessness ..... In the face of this what confronts us up here ... By denying US access to even the most basic protections as are supposed to be incorporated into the federal law ... Such as a right to discovery ... And a RIGHT TO CONFRONT WITNESSES AGAINST YOU .... As well as a CONSTITUTIONAL RIGHT .... To have a jury .... Be the exclusive "triers of fact" ..... Which never happened in this case ... At all ...... And so ... We wonder ... And so ..... QUOTE(Livyjr @ Apr 17 2006, 07:24 AM) METROLAND - The News Weekly Of The Capital Region April 20, 1989 "Down For The County - Since becoming Rensselaer County Environmental Health Director, PLAINTIFF has taken the Sanitary Code very seriously - and it may be costing him his job" by Stephen Leon "Rensselaer County," says PLAINTIFF, "was a whorehouse; you could come in and do whatever you wanted to do." PLAINTIFF is referring to the review process for subdivisions and sewage systems from roughly 1978 until his hiring (from 1982 until he came on in 1986, the county had no environmental health engineer at all). The State DOH report, in more official-sounding language, backs up the essence of PLAINTIFF's claim. "Whenever documentation could be found," the report says, "PLAINTIFF was found to be accurate in his statements of inappropriate code reviews ..." "Realty subdivision plans were frequently approved after 1977 which did not meet the requirements of Article IX of the County Sanitary Code and the 'Variance Criteria Guideline' adopted by the County Board of health." Also: "Based upon a review of the County's subdivisions and private water and sewage programs, it is clear that PLAINTIFF's concerns about its integrity are justified." "THE PUBLIC HEALTH AND ENVIRONMENT ARE THREATENED BY AN INORDINATE NUMBER OF SEWAGE SYSTEM FAILURES, WHICH ARE THE LEGACY OF MISMANAGED PROGRAMS IN PRIOR YEARS ......" What the report did conclude was this: "While all the allegations could not be verified, many were founded." "In many cases, the county did not follow its own Code and policy guidance ....." "Responsibility for this condition is shared among the County Board of Health, the County Executive's office [Buono and his predecessors] and perhaps most directly the Public Health Director [Van Praag]." Buono also disputes the report's finding that "sale of lots prior to [county] approval apparently occurred at Algonquion Estates, Poestenkill, Holser Subdivision, Poestenkill, and Windfield Estates, Brunswick." (where REPUBLICAN New York State Senator Joseph "Big Joe the Hammer" Bruno was the developer) BUONO ALSO DISPUTES THE FINDING ON WINDFIELD ESTATES BECAUSE, HE SAYS, NOTHING HAS BEEN SOLD THERE YET. But, counters PLAINTIFF, "the issue is offers - PUBLIC HEALTH LAW clearly says no offers for sale" prior to subdivision approval. Lots at Windfield, he says, were advertised for sale prior to approval. ONE OF THE DEVELOPERS OF WINDFIELD ESTATES IS REPUBLICAN STATE SENATOR JOSEPH BRUNO, described by some as a powerful figure in the REPUBLICAN PARTY in Rensselaer County. IT HAS BEEN SUGGESTED THAT BRUNO MAY HAVE PRESSURED BUONO TO ABANDON PLAINTIFF. BRUNO AND BUONO VIGOROUSLY DENY THE CHARGE. BRUNO HAS, IN AT LEAST ONE INSTANCE, PUT PRESSURE ON THE COUNTY TO OVERRIDE PLAINTIFF: Bruno wrote a letter to Van Praag, dated July 12, 1988, ASKING VAN PRAAG TO RECONSIDER A DECISION BY PLAINTIFF NOT TO APPROVE A FILL SYSTEM ON A LOT in Defreestville's Teliska Acres, owned by Christopher Papa of East Greenbush. THE LETTER PLAINTIFF SENT TO BRUNO IN RESPONSE PLAYS A KEY PART IN THE FINAL MOST CURIOUS CHAPTER OF THIS STORY. QUOTE(Livyjr @ Jan 7 2006, 09:11 AM) March 16, 1989 DIRECT EXAMINATION OF REPUBLICAN RENSSELAER COUNTY PUBLIC HEALTH DIRECTOR KENNETH VAN PRAAG BY DEPUTY RENSSELAER COUNTY ATTORNEY GORDON MAYO BEFORE PHILIP LANCE, ESQ., THE "EYES AND EARS" OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO MAYO: Mr. Van Praag ...... I show you County exhibits 22A through 22C marked for identification and ask you if you are familiar with these documents? VAN PRAAG: YES ..... I am! MAYO: And what do they signify? VAN PRAAG: Exhibit 22A is a letter dated July 12 from Joseph L. Bruno to myself requesting a re-examination by this department of a decision made by PLAINTIFF with respect to a lot owned by a Mrs. Christopher Papa in North Greenbush, wherein the condition that the lot was in, whether - the issue was whether the property could be developed or not. It had been a prior-approved subdivision and a lot within those few remaining lots. Exhibit B dated July 18 is a letter, is a response from PLAINTIFF to Senator Bruno with respect to his letter. I might add that when I forwarded the Bruno letter to PLAINTIFF, I asked him to prepare a reply for my signature. He replied on his own directly. The attachment to that was a small yellow sticky note pad which in handwriting basically was: "PLAINTIFF, supposed money was of no concern, is there anything Papa can do to make his lot conform?" And number C is the letter dated August 15 from John Teliska who was the developer, not the owner, the developer, or the attorney for the developer, or both. I guess his father owned the property to begin with. From Teliska to County Executive John Buono indicating he was extremely perturbed with the tone of PLAINTIFF's response. MAYO: Mr. Van Praag ...... I show you these exhibits, 22 A through C! Initially, I'd like you to examine 22A, the Senator Bruno letter, and perhaps you would give us some background of the particular situation that existed regarding Mr. Papa? VAN PRAAG: Mr. Papa was the owner of a lot in the Teliska Acres subdivision. He had bought it some years ago. There was some question as to whether or not an extension could be granted to that lot. Mr. Papa contended that the lot had been approved previously, and was seeking an extension of that. Mr. Papa felt frustrated by the fact that he was unable to get an extension by PLAINTIFF. MAYO: Had he made application to the Health Department for a building permit to build on this lot, if you can recall? VAN PRAAG: I don't know ..... I assume he worked through the process in the Environmental Section ..... At any rate,the letter wound up that Mr. Bruno would like to request Mr. Papa's case to be re-examined in order to ascertain if some type of system could be approved. MAYO: When you received this letter, Mr. Van Praag, did you discuss the situation with PLAINTIFF? VAN PRAAG: I brought the letter to him and showed him the letter and asked him to take a look at whatever, are there any alternatives; if there are, what's possible? Is it just a matter of money that might make, do something to the lot that might make it feasible to approve at some point. And would he please draft a response. MAYO: Now ..... When you had this discussion with PLAINTIFF, was it made clear to PLAINTIFF that the letter was to go out under YOUR signature? VAN PRAAG: I asked him to draft it for my signature, yes! MAYO: There was no confusion in YOUR mind that that was the request you had made to PLAINTIFF? VAN PRAAG: No, absolutely not. MAYO: Did PLAINTIFF in fact comply with your request? VAN PRAAG: He responded to Senator Bruno, but not for my signature. He responded directly. MAYO: I show you County exhibit 22B and ask you if in fact there is language contained in there which is discourteous to a member of the public? VAN PRAAG: In this letter, PLAINTIFF brings Senator Bruno up-to-date on what the department had done and what his interpretation had been in terms of giving valid technical appraisal of the staff of the property. Then he goes on to say, "that appraisal, coupled with the fact that Mr. Papa apparently had mis-representations presented to him concerning that parcel by the sellers should give him some recourse in the civil courts to properly adjudicate the matter." "I trust this will serve to bring your office up-to-date as regards this unfortunate situation." "In closing, it might be said that such misleading practices have been very common not only in this county, but throughout the state." "In spite of the laws we have to protect the potential land purchaser, they still remain at the mercy of the 'GLIB TONGUE' and 'FAST TALKER'." "Perhaps your good offices can use this example in a positive manner by exerting pressure on other governmental agencies to more stringently enforce existing rules and statutes as pertain to those involved in land sales." "In this manner, perhaps, the future 'Mr. papas' will be saved this hardship." MAYO: Do you consider this language to be uncomplimentary to a member of the public? VAN PRAAG: YES! I DO! Particularly to Mr. Teliska! QUOTE(Livyjr @ Dec 20 2006, 07:28 AM) "Does Henry Zwack deserve judgeship? - Maybe the eyes have it" Albany, New York Times Union First published: Friday, December 15, 2006 But sure enough, with the speed and efficiency of a flushing toilet, Henry Zwack's name surged through the Senate confirmation process. From off-the-radar citizen Zwack to hizzoner before anybody -- especially Zwack nemesis C.B. -- had a chance to raise the alarm. But then again, I'll bet that was the entire plan, to zip it through. Reaffirming how 19th-century good old boy politics survives in 21st-century Albany. Zwack's patron is Senate Majority Leader Joe Bruno. "Bruno facing FBI scrutiny - Federal investigators are looking into the outside business interests of state Senate majority leader" By JAMES M. ODATO and RICK KARLIN, Capitol bureau, Albany, New York Times Union First published: Wednesday, December 20, 2006 ALBANY -- Senate Majority Leader Joseph L. Bruno on Tuesday acknowledged he is being investigated by the FBI for what he described as his "outside business interests." One person familiar with the situation, who would not say whether he has been contacted by federal agents, said the investigation appears to include Bruno and a business partner and friend of the Republican leader -- Jared Abbruzzese. Bruno, in an abruptly called late afternoon news conference at the Capitol, revealed the probe and said he learned last spring it was going on. He said subpoenas have been issued, and he did not believe he was the target of the inquiry. "I have nothing to hide," Bruno said. "They are going into background over the past five or six years." Bruno added that he has hired William Dreyer, an Albany lawyer and former federal prosecutor. The New York State Republican Campaign Committee paid Dreyer's firm about $2,400 between July and November. Abbruzzese, of Loudonville, could not be reached Tuesday. His attorney, Stephen Coffey, a former Albany County prosecutor, said he is "not aware of Abbruzzese being involved in any federal investigation or prosecution." But told of Bruno's revelations, he said it "makes sense ... they're looking at anybody involved with Senator Bruno." John Pikus, the FBI's special agent in charge in Albany, declined comment, referring questions to the office of U.S. Attorney Glenn T. Suddaby. Calls to the U.S. attorney's office in Albany and Syracuse were not returned late Tuesday. Paul Larrabee, a spokesman for Attorney General Eliot Spitzer, said he could not comment on the legality of member-item grants going to for-profit organizations. Asked repeatedly over the past week, Larrabee said he couldn't offer an opinion on the matter because "it's just not a priority at this time." Abbruzzese, a horse owner, is involved in numerous ventures, including at least one that has received $500,000 in discretionary grants, called member items, directed by Bruno. The two have several ties, including land development, plane rides and thoroughbred horses. Abbruzzese is part of a group called Empire Racing Associates, which bid on the state's racing franchise that officials, including Bruno, plan to award within the next year. Abbruzzese led the effort to raise $3 million to fund the organization this spring. He also is under state investigation for furnishing his aircraft to Bruno for political and fundraising trips. Bruno owns or has interests in several businesses, including Capital Business Consultants, a firm he started at his Brunswick home after he sold his telecommunications company in 1990. Bruno has refused to name any of his various business partners or clients. He wouldn't say if the federal inquiry involved Evident Technologies Inc., a Troy-based high-tech firm that Bruno sent $500,000 in member items to between 2001 and 2004, according to records the Senate made public recently following a Times Union lawsuit seeking the documents. The two $250,000 grants were extremely unusual because member items almost never go to for-profit companies such as Evident. Abbruzzese was co-chairman of Evident. His business partner, Wayne Barr, who was Bruno's appointee on the New York Racing Association, is a director. Investment firms run by Abbruzzese and Barr helped arrange financing for Evident. The firms, which included Dove Interests and Niskayuna Development LLC, were able to purchase Evident stock in 2002 and 2004 at deep discounts from the price for private investors, according to a confidential preliminary offering memo obtained by the Times Union. Bruno's financial disclosure forms with the Legislature show he purchased shares in a security company, Tejas, around 2004. Tejas employed Barr and Abbruzzese and was associated with the Evident stock offering. In addition to Bruno's member-item money going to Evident, Empire State Development Corp., the state's economic development arm, gave the company another $525,000. Abbruzzese's right to discounted Evident stock came from helping set up the Empire State Development money, according to the confidential memo. Also, Abbruzzese is being investigated by the state Lobbying Commission for lending Bruno his private plane on several trips, including one to a fundraiser and a tour of several Kentucky horse farms that Barr arranged. Bruno's spokesmen have said the senator's campaign committee paid for the trips. Abbruzzese and Barr also have contributed generously to political campaign committees controlled by Bruno, including the one Dreyer is getting paid from. Several years ago, Abbruzzese's wife, Sherrie, purchased a plot of land from a group in which Bruno held a 25 percent stake, First Grafton Corp. Bruno was a principal of First Grafton until 1992, when his investment in the development group was placed in a trust. First Grafton dissolved last year when another group purchased the lots. Bruno's son, Kenneth Bruno, a former lobbyist who represented racing interests, also was a First Grafton homeowner. Bruno didn't appear to be visibly distressed during Tuesday's brief news conference, although he said he was angered by what he termed "illegal" leaks to the media about the FBI probe. "I am sharing this because there have been leaks, which I believe are totally illegal ... and rather than have the speculation out there, I believed it was appropriate for me to share generally what is going on," said Bruno. Bruno said the probe against him won't uncover wrongdoing. "We haven't done anything wrong." "I am confident of that," he said adding that "I have filed everything that I have to file," with the legislative ethics committees regarding outside interests. "My life has been in business and I have always said that I would earn my living outside the Legislature ... people have a right to other interests." Asked about his business dealings by the Times Union a few months ago, Bruno said he would only disclose such financial information if he became governor. "Until then, I am obeying the law and I am filing and responsive to the law and I'm going to stay there with that," he said. "Everything that I do is appropriate and legal and goes by the ethics counsels and everybody else that can take a look at my life." Bruno said he doesn't believe the inquiry will affect his ability to serve as majority leader -- a post to which he recently was re-elected. Senate Republicans were apparently in the dark about the FBI probe when they unanimously tapped Bruno to serve another two years as leader. According to one insider, Bruno informed his colleagues shortly before the news conference Tuesday. Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com. |
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Dec 20 2006, 06:46 PM
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Advanced Member Group: Subscribing Member Posts: 49,421 Joined: 5-November 04 Member No.: 219 |
"Ties raise ethics doubts - Questions arise over whether state's conflict of interest safeguards are strong enough"
By RICK KARLIN, Capitol bureau, Albany, New York Times Union First published: Wednesday, December 20, 2006 ALBANY -- The law firm of the state official who chairs New York's lobbying and ethics commissions received a no-bid contract three years ago from Gov. George Pataki to argue a court case that changed the balance of power between the governor and the Legislature. While lawyers say the contract between Paul Shechtman's law firm and the governor was legal and ethical, its existence is prompting some to wonder if New York's safeguards against potential conflicts of interest are strong enough and whether there is enough diversity in the small group of lawyers and politically connected insiders who oversee the conduct of state officials and New York's burgeoning lobbying industry. Shechtman has long been associated with Gov. George Pataki, heading the state Division of Criminal Justice Services before being appointed to the Ethics Commission, and then the Lobbying Commission. The five-year contract in question was given to Shechtman's law firm, Stillman, Friedman and Shechtman, with a "not to exceed" value of up to $750,000, although the firm was paid only $85,133.97, according to records from the comptroller's office. Shechtman successfully argued on Pataki's behalf that lawmakers can only reject, not amend, budget items put forth by the governor. The decision increased the governor's power to shape the state's annual budget. "It's completed," Shechtman said of the contract, adding "there was nothing unethical about it." Richard Emery, who is on a panel advising incoming Gov. Eliot Spitzer on reforms, agreed. "It is hard for me to see what the problem is," he said. But some observers say Shechtman's contract underscores nagging questions about whether people serving on the voluntary ethics and lobbying commissions should do any work at all for the state. "I don't know how frequently these kinds of no-bid contracts are awarded for other firms," said Blair Horner, legislative affairs director for the New York Public Interest Research Group. "But it clearly raises concerns about Shechtman's ability to separate out roles as the head of the lobbying commission, which regulates government contracts, and his role as recipient of a government contract." "It seems a little odd that an attorney who is suing the Legislature on the governor's behalf is on a commission that monitors the ethics of the Legislature," said Massie Ritsch, spokesman for the Center for Responsive Politics, a Washington, D.C., group that tracks the role of money in politics. He said it's not unusual to see a few lawyers or others with expertise in government wearing multiple hats in state capitals. "He sounds like one of those guys who is really wired and plugged into state government," Ritsch said of Shechtman. "Every state has them." Shechtman indeed is well connected in Albany. A Harvard-educated lawyer, he's worked for the U.S. Attorney's Office, Southern District, and for Manhattan District Attorney Robert Morgenthau. He was Pataki's commissioner of Criminal Justice Services until February 1997. Pataki appointed him chair of the Ethics Commission in April 1997. Shechtman also is on a committee that screens the governor's recommendations for judgeships on the Court of Claims, long considered a patronage plum. He also represented Patrick Donohue, the governor's former campaign finance director, when Donohue was under investigation in a parole scandal involving campaign contributors, according to earlier press reports. Shechtman has had legal clients who have dealt with the state and he says he has opposed Attorney General Eliot Spitzer, now governor-elect, on some legal issues involving clients. When such instances arise, he said "you try to make your best judgment," even if that means stepping back or recusing oneself from a case before the ethics or lobbying commissions. He said the state needs people with expertise in ethics and government. "It's complicated." "One wants to get good people," on public boards, and government can't afford to get people who are "hermetically sealed" from public affairs. However, a possible over-reliance on a select group of people has "been problematic for the state for many years," said Grant Reeher, an associate professor of political science at Syracuse University's Maxwell School of Citizenship and Public Affairs. That trend has shown itself on Spitzer's transition team: Emery, one of his reform advisors, is also a law partner of another Lobbying Commission member, Andrew Celli Jr. "The problem is these are people who often travel in the same circles," said Reeher. "It's not cronyism in the premeditated sense but it comes to resemble that because you look for people you know." New York, Reeher said, is big enough to have a talent pool from which to get a wide range of people who aren't connected with one another. "There are lots of folks to choose from and it's a big state," said Reeher. "All other things being equal, you would think it would be less of a problem in New York." In two weeks, Spitzer, who ran on a reform platform, takes over the governor's office from Pataki. It's unclear if and how his reforms will apply to people wearing several hats. Spitzer spokeswoman Christine Anderson said she wouldn't comment on the current arrangement. "As appointment opportunities come up we'll look to add people with the appropriate credentials," she said. Karlin can be reached at 454-5758 or by e-mail at rkarlin@timesunion.com. |
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Dec 21 2006, 06:56 AM
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Advanced Member Group: Subscribing Member Posts: 49,421 Joined: 5-November 04 Member No.: 219 |
QUOTE(Livyjr @ Aug 31 2006, 03:11 PM) "And so, again, Livyjr ....." "Clearly, this case is about what is called 'PROTECTION' up there in the State of New York ..." "And INSURANCE ...." "PROTECTION which allowed Jeffrey Pelletier of Poestenkill, New York to physically assault a disabled veteran on a public thoroughfare in the Town of Poestenkill, Rensselaer County, State of New York, in August 2001, in order to intimidate this person so as to deter him from carrying on an investigation into alleged professional misconduct by this Carl Aiken, on behalf of Jeffrey Pelletier ...." "And when this physical assault did not serve its purprose ..." "This same PROTECTION procured for Jeffrey Pelletier a new 'IDENTITY' for this disabled veteran as an alleged dangerous mental patient in need of immediate incarceration in the secure mental facility of the Samaritan Hospital in Troy, New York, courtesy of Dr. John Christian Braaten and Northeast Health, Inc. in Troy, New York ...." "And when that certification by Dr. John Christian Braaten on August 22, 2991 was demonstrated to be a fraud later on, on August 22, 2001, by the Albany, New York Police Officer who intervened on the PLAINTIFF's behalf at the Stratton VA Hospital on the afternoon of August 22, 2001 ..." "Jeffrey Pelletier's PROTECTION afforded him carte blanche service in the federal District Court for the Northern District of New York, where the whole business was made to simply go away, on Jeffrey Pelletier's behalf, which action on Jeffrey Pelletier's behalf by the federal District Court for the Northern District of New York was 'sanctified' by the federal Second Circuit Court of Appeals in New York City in December of 2005 ..." "Which is where the INSURANCE comes into play ..." "INSURANCE AGAINST LIABILITY FOR INTENTIONAL VIOLATION OF THIS DISABLED VETERAN'S LIBERTY INTERESTS AND CIVIL RIGHTS ....." "WHICH, AS ANOTHER READER SAYS, IS QUITE AN INSURANCE POLICY TO HAVE ...." "And so, Livyjr, like Abu Beacon above here, who I have quite a bit of respect for, I have to thank both you and this forum, for getting this story out, and as was said before by someone else, IF IT WERE NOT FOR THIS FORUM, THIS STORY NEVER LIKELY WOULD HAVE SEEN THE LIGHT OF DAY, TO INFORM THE REST OF AMERICA, THAT SUCH A THING CAN AND DOES HAPPEN HERE, DESPITE OUR CONSTITUTION, WHICH HAS BEEN REDUCED TO A MOCKERY BY THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK IN THIS CASE, AND THE LAW OF THE STATE OF NEW YORK TO THE CONTRARY, WHICH AGAIN HAS BEEN MADE A MOCKERY OF IN THIS DECISION UNDER DISCUSSION IN HERE, AND SO ...." "FBI gathers Bruno records - Boxes of documents linked to Senate leader's business dealings turned over under subpoena" By JAMES M. ODATO, Capitol bureau, Albany, New York First published: Thursday, December 21, 2006 ALBANY -- Federal prosecutors collected hundreds of political and financial records -- from bank slips to campaign donation details --involving Senate Majority Leader Joseph L. Bruno and his various businesses, according to a subpoena disclosed Wednesday. The FBI demand shows a federal grand jury is combing through materials that could link Bruno's political activities with his attempts to make money in the private sector. The probe, according to a source familiar with the FBI's search, includes a friend of Bruno's, Jared Abbruzzese, who directed and owns about 15 percent of a company to which Bruno sent $500,000 in legislative discretionary funds known as member items, according to documents. The subpoenaed records, demanded Nov. 29, were turned over in recent days by Albany lawyer James Featherstonhaugh, a lobbyist who partnered with Bruno on First Grafton Corp. The now-defunct company invested in a residential housing development in the town of Grafton. The FBI subpoenaed Featherstonhaugh, custodian of First Grafton's records, on Nov. 29. He turned over boxes of materials in recent days that are supposed to detail the business dealings of Bruno and his First Grafton partners, he said. However, the subpoena suggests a broader inquiry by the FBI. Featherstonhaugh acknowledged the subpoena the day after Bruno publicly announced that federal agents have been seeking information from him since the spring about his outside business dealings. Bruno said he, too, had been subpoenaed by the FBI, but did not specify what records were being collected for a grand jury. He stressed he has nothing to hide and has acted legally in all dealings. The First Grafton subpoena delivered to Featherstonhaugh called for the materials to be turned in by today to the U.S. Grand Jury for the Northern District of New York in Albany. Documents sought include "any and all records" relating to transactions involving Bruno or any business with which Bruno is known to be affiliated. That includes Capital Business Consultants LLC and Mountain View Farms, which Bruno runs from his Brunswick residence, as well as a trust. The FBI's subpoena for First Grafton covered contracts, agreements, closing materials, correspondence, bank records, ledgers, journals, financial distributions, notes, bank accounts, deposit slips and canceled checks. It also demanded any records regarding campaign contributions or gifts -- cash or in-kind since Jan. 1, 2000 to Bruno or any elected official in the state and any campaign committee or account. Officials with the FBI and U.S. attorney's office refused comment. Bruno's lawyer, William Dreyer, said he would not add to Bruno's public statements. Abbruzzese's lawyer, Stephen Coffey, said his client has not been contacted by federal investigators and said he suspects anyone who has done business with Bruno could get caught up in the probe. Bruno's sudden revelation Tuesday stunned lawmakers and legislative staffers. Privately some say Bruno, 77, should have been up front earlier, such as on Nov. 30 when Republican senators gathered to unanimously nominate him for another two-year run as majority leader. He is set to be officially elected on Jan. 3 to the post, which carries a stipend that brings Bruno's legislative pay to $121,000 a year. Federal investigators are clearly interested in Abbruzzese, according to a source close to the investigation. He was co-chairman of Evident Technologies Inc. of Troy, the recipient of two $250,000 grants from Bruno's member items, or discretionary pork-barrel funds. The grants, paid out in 2003 and 2004, were highly unusual because member items almost always go to nonprofit organizations, not to for-profit businesses such as Evident. Bruno in 2002 had announced a commitment of $1.5 million in state aid he controls to Evident. Abbruzzese's longtime business partner, Wayne Barr Jr., is a director of Evident, and both men, their wives and/or their businesses own or control thousands of shares in the firm, according to a confidential document related to the company's private stock. Neither responded to a message left at their business, Wave Technologies in Albany. Sherri Abbruzzese, wife of Jared Abbruzzese of Loudonville, paid a discounted price of $90,000 on Nov. 18, 2005, for a land parcel in the First Grafton development next to the home of Kenneth Bruno, Bruno's son. Abbruzzese and Barr are also affiliated with Tejas Inc., which is related to the company that helped out in the Evident stock offering. Bruno purchased shares in Tejas around 2004, according to one of his legislative financial disclosure forms. Bruno and his Senate staff have flown on airplanes owned by Abbruzzese, who is under investigation by the state lobbying commission for potentially violating lobbying laws. Abbruzzese is also a leader in Empire Racing Associates, whose bid to replace the New York Racing Association as the operator of the Aqueduct, Belmont and Saratoga tracks could be considered by the Legislature in 2007. Asked about the Bruno matter, Gov. George Pataki said: "I have confidence in Sen. Bruno ... confidence in the judicial system ... confidence things will work out fine." He also said there is no need to change the disclosure requirements in the Legislature. Lawmakers are only required to name employers or businesses from which they draw income. They don't have to reveal income levels, clients or business associates. Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com. |
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Dec 21 2006, 06:18 PM
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#1319
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Advanced Member Group: Subscribing Member Posts: 49,421 Joined: 5-November 04 Member No.: 219 |
QUOTE(Livyjr @ Dec 26 2005, 04:46 PM) EXCLUSIVE TRIERS OF FACT ..... And what really does that mean to each and every one of us, as Americans ...... I would respond that it means everything, especially when "politics" is involved ..... As it is in this case .... Where back in 1989, a young woman working in the Office of the United States Attorney for the Northern District of New York was presented with what is MANNA FROM HEAVEN for someone who is "politically" ambitious ..... The chance to bury some evidence today as a favor to some people with real political power, in exchange for political consideration down the road ... When a federal judgeship would open up .... At the same time this person's name was on a short list of those to be considered ..... Favors owed ... And favors due ..... Bury some evidence ..... Be sure to look the other way when the witness gets the "chop" ..... And prevent inquiries down the road ... Which is today ..... And so .... QUOTE(Livyjr @ Apr 4 2005, 04:29 PM) And one of those state laws unique to New York State, the alleged corrupt EMPIRE STATE, is ARTICLE 460 of the New York State Penal Law, entitled ENTERPRISE CORRUPTION, which is itself part of TITLE X of the New York State Penal Law, entitled ORGANIZED CRIME CONTROL ACT, and the relevant part of that state law which pertains directly to this discussion as to how this March 31, 2005 Federal Court decision above has left us common citizens marooned in the STRAITS of DESPAIR, is as follows: S 460.00 Legislative findings. The legislature finds and determines as follows: Organized crime in New York state involves highly sophisticated, complex and widespread forms of criminal activity. The diversified illegal conduct engaged in by organized crime, rooted in the illegal use of force, fraud, and corruption, constitutes a major drain upon the state's economy, costs citizens and businesses of the state billions of dollars each year, and threatens the peace, security and general welfare of the people of the state. Organized crime continues to expand its corrosive influence in the state through illegal enterprises engaged in such criminal endeavors as the theft and fencing of property, the importation and distribution of narcotics and other dangerous drugs, arson for profit, hijacking, labor racketeering, loansharking, extortion and bribery, the illegal disposal of hazardous wastes, syndicated gambling, trafficking in stolen securities, insurance and investment frauds, and other forms of economic and social exploitation. The money and power derived by organized crime through its illegal enterprises and endeavors is increasingly being used to infiltrate and corrupt businesses, unions and other legitimate enterprises and to corrupt our democratic processes. end quotes SO! THE MONEY AND POWER OF ORGANIZED CRIME, HERE IN NEW YORK STATE, IS BEING USED TO CORRUPT OUR DEMOCRATIC PROCESSES HERE IN NEW YORK STATE! How do I know this, besides the fact the the LEGISLATURE of the State has told me so? My answer is: HOW COULD YOU NOT KNOW? How can you live in a state, or a county, or a town, and not know that YOUR OWN government is corrupt? How can you live someplace, here in America, and not know that the "democratic processes" WHERE YOU LIVE, have been corrupted? IS IT EVEN POSSIBLE TO NOT KNOW? "Scrutiny for Mr. Bruno - The Senate majority leader says his business dealings are the subject of a federal investigation" Albany, New York Times Union First published: Thursday, December 21, 2006 The FBI investigation of Senate Majority Leader Joseph Bruno needs to be conducted swiftly but thoroughly. Clarity is in order in its conclusions, especially when unanswered questions can lead to the wrong conclusions. But even Mr. Bruno's acknowledgment of such an inquiry is a troubling development in a state government where suspicion is more commonplace than distinction. Mr. Bruno is a shrewd enough politician to have disclosed the investigation before someone else did. He made every effort at his news conference on Tuesday to stress that he had done nothing wrong and had nothing to hide. He went so far as to say that he didn't think he was the target of the FBI inquiry. What's indisputable is that so far he hasn't been accused of anything. Mr. Bruno's statements can't, and won't, be the last word, though. The public that has placed such power and trust in him will demand that credible and unbiased authorities make the final determination. The Senate majority leader's assertion that he filed all the required paperwork with the legislative ethics commission doesn't resolve matters. The Legislature where he serves has little in the way of an accomplished record of investigating itself. What Mr. Bruno might do, though, is reconsider his refusal to disclose more details about his business dealings. To say, as he did recently, that only becoming governor should require him to do so, now seems like an ill-considered decision. As Mr. Bruno explains it, the investigation involves his business activities outside of the Legislature. That could mean, as some have speculated, activities involving Mr. Bruno and Jared Abbruzzese, a business associate, friend and campaign contributor. A firm that Mr. Abbruzzese had been associated with was the recipient of $500,000 in discretionary state grants, known as member items, that usually go to nonprofit entities. Mr. Bruno's acknowledgment of the FBI investigation comes after two other developments, last week's indictment of state Sen. Efrain Gonzalez, D-Bronx, on charges of stealing more than $400,000 from his share of member item money, and the related assertion by U.S. Attorney Michael Garcia that those funds represent enormous potential for abuse. The political culture of Albany is very much a closed one, especially when it to comes to the power to disburse the public's money. An investigation that sheds more light on it would be all for the good. So, too, would an investigation that addressed all the other concerns that are inevitably raised when one of the leaders of state government is under scrutiny. The process that has turned its attention to Mr. Bruno must proceed. |
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Dec 22 2006, 06:46 AM
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Advanced Member Group: Subscribing Member Posts: 49,421 Joined: 5-November 04 Member No.: 219 |
"Feds follow cash trail - Authorities examine whether payments to Bruno's consulting firm were bid to gain influence"
By BRENDAN J. LYONS Senior writer, Albany, New York Times Union First published: Friday, December 22, 2006 ALBANY -- A federal grand jury investigation of Senate Majority Leader Joseph L. Bruno is focusing on hundreds of thousands of dollars funneled by a wealthy businessman into the senator's private consulting company to allegedly influence the powerful Republican lawmaker, the Times Union has learned. FBI agents have used federal grand jury subpoenas to sift through the business records of Bruno and his associate, Jared E. Abbruzzese, a Loudonville resident and the senator's close friend. E. Stewart Jones, an attorney for Abbruzzese and his wife, Sherrie, confirmed Thursday that Abbruzzese paid money to Bruno's consulting company. Bruno has refused to reveal his consulting clients or his consulting income. In a statement issued Thursday through a spokesman, the senator said he has been transparent in his legislative duties but that his clients in the private sector are entitled to privacy. "As a part-time legislator, he and others, are allowed to have outside business interests and his clients have an expectation of privacy and confidentiality that the law requires," said John McArdle, a Bruno spokesman. "While any client is free to disclose the nature of their business relationships, Senator Bruno is not going to violate that confidentiality and will respect those privacy agreements." Jones, meanwhile, did not dispute that Abbruzzese paid Bruno's firm several hundred thousand dollars, but he declined to reveal precisely how much was paid or what Bruno's consulting work entailed. "It's not excessive," he said. "Plus, it was over a relatively limited period of time and consistent with the services provided and the standards in the business." "There was no quid pro quo here," Jones said. "Everything that was done here is fully defensible and legitimate and explainable." In response to federal grand jury subpoenas, Jones said, the financial and business records of Abbruzzese and his wife, as well as their various companies and corporations, have been turned over to the FBI. "There's no substance to the investigation," Jones said. "I think the investigation will show nothing has happened here that isn't perfectly innocent and commonplace." "Mr. Abbruzzese has a right to work with Mr. Bruno ... and Sen. Bruno is not limited to his legislative responsibilities." Federal authorities are examining whether mail fraud or money laundering statutes were violated in connection with the business relationship, according to a source familiar with the case. A provision under federal fraud statutes makes it a crime for a public official or others to "defraud another of the intangible right of honest services." The statute was invoked to prosecute Washington lobbyist Jack Abramoff, who pleaded guilty last January to corruptly providing things of value to public officials, including trips, campaign contributions, and meals and entertainment in order to gain their political influence for clients. The disclosure of the Albany FBI probe has been hurtful to Abbruzzese and Bruno, Jones said. Bruno is seeking to keep his powerful Republican leadership post in the Senate, while Abbruzzese is faced with the stigma of being involved in a sprawling federal grand jury investigation. "Mr. Abbruzzese's and Sen. Bruno's rights have been trampled on here," Jones said. "That could have adverse consequences for those responsible when this investigation runs its course." Bruno, 77, held a hastily called news conference at the Capitol late Tuesday afternoon acknowledging that his "outside business interests" were the subject of an FBI investigation. Bruno confirmed he turned over financial documents to the FBI, is "cooperating fully" with authorities and confident he has done nothing wrong. Abbruzzese, 52, a horse owner, has referred comment to his attorneys. He is involved in numerous business ventures, including at least one that received $500,000 in discretionary grants, called member items, at Bruno's direction. The two also have other ties, including land development and thoroughbred horses, and Bruno has flown aboard Abbruzzese's private jets on multiple occasions. Abbruzzese is an investor and past-director of Empire Racing Associates, which has bid on the state's racing franchise that Bruno and other lawmakers plan to award within the next year. Abbruzzese led the effort to raise $3 million to fund the organization this spring. Abbruzzese also is under investigation by the state lobbying commission for furnishing his aircraft to Bruno for political trips. In addition, Abbruzzese was co-chairman of Evident Technologies Inc. of Troy, the recipient of two $250,000 grants from Bruno's member items. The grants, paid out in 2003 and 2004, were highly unusual because member items almost always go to nonprofit organizations, not to for-profit businesses such as Evident. Bruno in 2002 had announced a commitment of $1.5 million in state aid he controls to Evident. Evident Technologies was served this week with a federal grand jury subpoena seeking copies of its business records, according to the company's attorney, Daniel J. French, a former U.S. attorney in New York's Northern District. Bruno formed his private firm, Capital Business Consultants, out of his Brunswick home after he sold his telecommunications company in 1990. Bruno has refused to name any of his various business partners or clients, saying financial disclosure laws that apply to state lawmakers do not require him to provide that information publicly. Bruno's attorney, William Dreyer, a former federal prosecutor, declined comment Thursday. Federal grand jury subpoenas have been used by authorities to sift through Bruno's banking and financial records, as agents scrutinize his dealings with Abbruzzese. The investigation is being headed by the FBI's white-collar crime unit in Albany under the direction of two federal prosecutors, Andrew Baxter and William Pericak. J. Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com. Staff writer James M. Odato contributed to this report. end quotes "Mr. Abbruzzese's and Sen. Bruno's rights have been trampled on here," Jones said. "That could have adverse consequences for those responsible when this investigation runs its course." Boy ...... That sure does sound like a THREAT to me ...... That this hot-shot political lawyer F. Stewart Jones is making here ..... And coming from F. Stewart Jones ..... A REAL POWER-HOUSE LAWYER ..... IT WOULD BE A THREAT ..... Maybe the CORPORATE DOCTOR up there at Northeast Health, Inc. in F. Stewart Jones' city of Troy, New York ...... Is going to have to make out another couple of FRAUDULENT PSYCHIATRIC ARREST ORDERS here ...... And some direct admissions forms ..... To the SECURE PSYCHIATRIC FACILITY ..... Of the Samaritan Hospital in Troy, New York ..... For "those responsible for this investigation" ..... And so ... This post has been edited by Livyjr: Dec 22 2006, 06:49 AM |
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