BUSH APPOINTEE in Northern District of New York, Deals Right to Dissent a Death Blow! Options

[jeffmoskin]

Well, in Rensselaer County, just to the east of Albany, New York, THE TRASHMAN COMETH, and if you are for law and order, and no corruption in government up here, then you better damn well be shaking in your boots is the word from Rensselaer County to the Second Circuit Court of Appeals, according to Thomas J. O'Connor, brother to REPUBLICAN New York State Lt. Governor Mary O'Connor Donohue, and head lawyer for the County of Rensselaer in this appeal.

"THE TRASHMAN!"

Wow.

Well, the best we here in Kah-lee-FAWN-yah can offer up is...

you guessed it - - - the Governator.

He is spending a ton of OUR money to put some of his puhh-sohnn-al agenda items on out November ballot as "initiatives."

That's because he couldn't get them through the legislature.

What a corruption of noble intent. The initiative process was created by Governor Hiram Johnson in the early 1900s to get around the Robber Barons (the first Robber Barons, not the present ones).

Oh, well.

Maybe he'll get a good picture deal and chuck the whole thing.

But he's no TRASHMAN.

Maybe a GIRLYMAN.

This post has been edited by jeffmoskin: Aug 11 2005, 06:10 PM

[Livyjr]

But he's no TRASHMAN.

I think the TRASHMAN might be a strictly RENSSELAER COUNTY phenomenon, jeffmoskin, that takes far more years of corruption to produce than you Californians yet have under your belts out there, in your relatively new and modern western state!

Corruption like we have here is well-aged corruption, which like certain cheeses, gets more and more stink to it, the longer it sets there!

Although this stink is not palatable, at all, unless you are a corrupt politician back here, and then, it is divine, I guess, and heavenly to boot, especially when the graft and kick-backs come due!

I was talking with an old Rensselaer County hand the other day about this, and his comment was that this BID-NESS with the TRASHMAN being the "reliable source" that the doctor at Samaritan Hospital relied upon to find this professional engineer guilty of being a dangerous mental patient in need of incarceration in the Northeast Health GULAG in Troy, New York was weird, even by Rensselaer County standards, and you know, jeffmoskin, I wish I could agree with him on that, but I just don't think weirdness has any bounds up here, and so, this is what we get, as normal run-of-the-mill from what is alleged to be our county government, up here!

Maybe they'll make a movie of this, and your Governator could play the starring role of the TRASHMAN in it!

Now, how's that for an idea ........

[Livyjr]

Corruption like we have here is well-aged corruption, which like certain cheeses, gets more and more stink to it, the longer it sets there!

Although this stink is not palatable, at all, unless you are a corrupt politician back here, and then, it is divine, I guess, and heavenly to boot, especially when the graft and kick-backs come due!

"State takes look at judge - Claims against Albany County Surrogate Cathryn Doyle appear to stem from case of state Supreme Court justice accused of shaking down lawyers"

By MICHELE MORGAN BOLTON, Staff writer, Albany, New York Times Union
First published: Friday, August 12, 2005

ALBANY -- The state Commission on Judicial Conduct is investigating Albany County Surrogate's Court Judge Cathryn Doyle, according to a lawyer who has been subpoenaed to testify in the secret probe.

Although specifics of the allegations against Doyle are unclear, the charges apparently arose from an ongoing proceeding the commission is conducting against state Supreme Court Justice Thomas Spargo.

Spargo, the former Berne town justice, is accused of shaking down a number of Ulster County attorneys with cases pending before him to contribute $10,000 each to his defense fund.

The commission has been looking into five other claims that accuse Spargo, an outspoken Republican jurist, of violating the state judicial code of conduct both on the bench and while campaigning for it in 1999 and 2001.

Doyle, a Democrat, was named in previous court papers as having attended at least one luncheon in 2003 where Spargo is accused of trying to hit the lawyers up for money.

Court papers have described Doyle as a "close, personal friend" of Spargo.

Doyle, who is president-elect of the Albany County Bar Association, was elected to the bench that handles adoptions, wills and probate in 2001, after serving for two decades as chief clerk to former Albany County Surrogate Raymond A. Marinelli.

She is paid $119,800 annually.

Doyle's lawyer, William Cade, declined to comment about whether she is under investigation by the state watchdog panel.

Robert Tembeckjian, who is chief counsel for the state commission, had no comment on the proceedings, which are confidential.

E. Stewart Jones, who now represents Spargo -- didn't return a call for comment.

Jones willingly contributed $10,000 to Spargo's fund during the time he was represented by Albany lawyer David Kunz.

Spargo has denied knowing that the defense fund had been set up for him.

New Paltz attorney Bruce Blatchly confirmed Wednesday he testified in the Spargo matter last week as the commission presented its case.

He declined to discuss what he told the commission, which can admonish, censure or even remove Spargo from the bench if it determines his actions were unethical.

Blatchly, a Republican who also is a town justice in Gardiner, said he received a subpoena to appear this Monday in the case involving Doyle.

He declined further comment.

Previously, Blatchly contended in court papers that Spargo personally pressured him for cash in three separate incidents in late fall 2003.

Blatchly said that during one of those incidents, on Dec. 19, he was meeting with Spargo when the judge dropped an offhand comment about how Doyle had been reassigned to handle his pending divorce case.

Blatchly later described the comment as a not-so-subtle incentive to cut a large check.

Court papers filed by the judicial commission allege that Spargo hit up lawyers in his Ulster County chambers or at La Canard, a Kingston restaurant, during two months of strong-arm fund raising in 2003.

On at least one occasion, Spargo was accompanied by Doyle, who also allegedly recommended attorney George A. Cushing as one of two trustees for the defense fund.

The other is Brian P. Sanvidge, court papers said, who is inspector general of the state Labor Department and a friend of Spargo's.

Blatchly indicated in court papers that he'd settled a $3 million personal injury case before Spargo a few months before and the judge knew he had the funds available.

He said he took the push to be "a message" that he had better fork over the money.

But he didn't.

Spargo was elected to a 14-year term in 2001 with a salary of $136,700.

Other allegations he faces include paying off political operatives to cross-endorse him in the 2001 race for the state Supreme Court, and trying to bribe voters with food, gasoline and coupons in a campaign for Berne town justice.

He also was a prominent force behind a raucous Republican demonstration in the 2000 Florida presidential election recount, in which he also participated.

Spargo claims the allegations against him violate his constitutional rights, including free speech, and he has denied any knowledge of the defense fund or its operation.

He took his case all the way to the U.S. Supreme Court, culminating a three-year battle in both state and federal courts, but the high court refused to hear it.

Spargo says he shouldn't be treated differently than anyone who runs for elected office in other branches of government.

end quotes

Which is to say, he should be allowed, BY US, the American citizens, to be as absolutely corrupt as all the other politicians are, at least in New York State, if not the complete federal government!

What a deal!

[Livyjr]

"State takes look at judge - Claims against Albany County Surrogate Cathryn Doyle appear to stem from case of state Supreme Court justice accused of shaking down lawyers" 
 
By MICHELE MORGAN BOLTON, Staff writer, Albany, New York Times Union
First published: Friday, August 12, 2005

ALBANY -- The state Commission on Judicial Conduct is investigating Albany County Surrogate's Court Judge Cathryn Doyle, according to a lawyer who has been subpoenaed to testify in the secret probe.

Although specifics of the allegations against Doyle are unclear, the charges apparently arose from an ongoing proceeding the commission is conducting against state Supreme Court Justice Thomas Spargo.

Spargo, the former Berne town justice, is accused of shaking down a number of Ulster County attorneys with cases pending before him to contribute $10,000 each to his defense fund.

"Hey, Counselor, why the long face?"

"Ah, I drew 'TEN GRAND TOMMY' Spargo for my client's case, and he don't have the TEN GRAND to pony up for Tommy's 'till', so it looks like I'm going to lose this one, big time!"

"Well, you're still getting your fee, right?"

"Hey, yeah, that's right; thanks for getting me to look at the bright side here, say, got time for a drink?"

[Livyjr]

SUMMARY OF ARGUMENT

As can be readily discerned from a review of page 455 of the extensive Appendix ("RCA") Rensselaer County State Actors Kathleen Jimino, Joseph Cybulski, Timothy Holt, Denise Ayers, NYSRPN, Roy Champagne, Robert Reiter, Kevin Joseph McGrath, NYSLS, and Carl Richard Aiken, NYSPE, have submitted to this Court pursuant to Appellate Rule 30(b)(1) in support of the issues Rensselaer County State Actors are presenting this Court for review in this appeal, the facts before the Court in the appeal are few, they are simple, and they are conceded by appellees. 

Nor are they challenged by Appellant. 

According to those facts, on August 7, 2001, appellee Jeffrey Pelletier assaulted PLAINTIFF on Liberty Lane in the Town of Poestenkill, Rensselaer County, State of New York for the express purpose of denying PLAINTIFF rights, privileges and immunities guaranteed to PLAINTIFF by the United States Constitution, and 18 USC 1512(b) & 1513(b) of the laws of the United States. 

18 USC 1512(b) of the laws of the United States, entitled "[b]Tampering with a witness", states in relevant part to this appeal that "whoever knowingly uses intimidation or physical force, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to, (1) influence, delay, or prevent the testimony of any person in an official proceeding; (2) cause or induce any person to - (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (B) alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding ....... shall be fined under this title or imprisoned not more than ten years, or both." 

No party to this appeal, either appellant, or appellees, disputes that this assault by Pelletier took place, for the express purposes stated in the record, which is to say, to intentionally harm and intimidate PLAINTIFF, both as a witness, and as a victim, so as to deter him by acts of overt physical violence from seeking redress of grievance against Pelletier, Aiken and McGrath with respect to the Rensselaer County sewage permit at issue in the courts of the State of New York where this matter was originally served and filed, prior to it being brought on in Federal District Court in June of 2001.[/b]

In a case like this, where state-sanctioned violence against dissenting citizens is at issue, a visible loss, BY US, in the Second Circuit Court of Appeals at the hands of an incompetent attorney would be a very graphic and public advertisement of OUR weakness and consequently, our vulnerability, and that loss would put us in an even more dangerous position than we already occupy ......

"Ad Campaign Says Roberts Backed Violent Protesters - Judge's Allies Defend His Work on Abortion Case"

By Dan Balz
Washington Post Staff Writer
Tuesday, August 9, 2005; Page A03

A prominent abortion rights group launched a television ad yesterday that accuses Supreme Court nominee John G. Roberts Jr. of siding with violent extremists and a convicted clinic bomber while serving in the solicitor general's office, an accusation that Roberts's supporters immediately condemned as a flagrant distortion.

The ad, sponsored by NARAL Pro-Choice America, focuses on Roberts's role in a case involving whether a 19th-century anti-Ku Klux Klan statute could be used to shut down blockades of health clinics by abortion protesters.

The solicitor general's office filed a friend-of-the-court brief siding with the clinic protesters, including Operation Rescue.

The high court ruled 6 to 3 against the health clinics in January 1993.

The NARAL ad, set to begin airing tomorrow on local channels in Maine and Rhode Island and nationally on the CNN and Fox News cable networks, features Emily Lyons, a clinic director who was badly injured when a bomb exploded at her clinic in Birmingham in 1998.

The ad ends by urging viewers to call their senators to tell them to oppose the federal appellate judge's confirmation to the Supreme Court.

"Supreme Court nominee John Roberts filed court briefs supporting violent fringe groups and a convicted clinic bomber," the ad states.

The ad concludes by saying, "[u]America can't afford a justice whose ideology leads him to excuse violence against other Americans."

White House spokesman Steve Schmidt denounced the ad.

"The NARAL ad is outrageously false, bordering on the slanderous," he said.

Republican National Committee Chairman Ken Mehlman said, "By attempting to assert that Judge Roberts supports shameful criminal acts, NARAL has shown how far they will go to slander a good man for political gain."

The NARAL ad represents a significant escalation in the battle over Roberts's fitness to serve on the court.

Up to now it has been marked by relatively polite sparring and a dispute between Senate Democrats and the Bush administration over access to Roberts's writings while in the solicitor general's office during the administration of George H.W. Bush in the early 1990s.

The case came during a period of widespread blockades of abortion clinics, including in the Washington suburbs, and involved figures convicted of anti-clinic violence.

The issue before the court in Bray v. Alexandria Women's Health Clinic, however, focused more narrowly on whether the anti-discriminatory Ku Klux Klan Act could be applied against abortion protesters.

In his oral argument before the court, Roberts said, according to a transcript of the proceedings, "The United States appears in this case not to defend petitioners' tortious conduct, but to defend the proper interpretation" of the statute.

Roberts's allies said his views on violence were clear from a 1986 White House memo, endorsed by Roberts when he served in the White House counsel's office during the Reagan administration, which said violent abortion protesters should not receive special consideration for presidential pardons.

"No matter how lofty or sincerely held the goal, those who resort to violence to achieve it are criminals," the memo said.

NARAL President Nancy Keenan defended the ad but said, "We're not suggesting that Mr. Roberts condones clinic violence."

But she said that the case came during a period of rising harassment, threats and violence against clinics and that, unlike state attorneys general, Roberts and the Justice Department had decided to support groups or individuals with a history of violence.

"The groups he sided with were engaged in a horrific campaign of violence," she said.

In another development yesterday, Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) sent Roberts a letter warning that lawmakers are angry about the Supreme Court's denigration of Congress and by actions that have trimmed congressional powers.

He said he plans to question Roberts closely about the issue in next month's hearings.

Staff writer Jo Becker and researcher Madonna Lebling contributed to this report.

[Livyjr]

Well, in Rensselaer County, just to the east of Albany, New York, THE TRASHMAN COMETH, and if you are for law and order, and no corruption in government up here, then you better damn well be shaking in your boots is the word from Rensselaer County to the Second Circuit Court of Appeals, according to Thomas J. O'Connor, brother to REPUBLICAN New York State Lt. Governor Mary O'Connor Donohue, and head lawyer for the County of Rensselaer in this appeal.

"THE TRASHMAN!"

That, of course, is REPUBLICAN Timmy Holt, who O'Connor has finally identified as the "man who pulled the plug" on the PLAINTIFF in this matter, by calling over to his "connection" at Samaritan Hospital in Troy, New York, a nurse there named Carol Fiorino, who had a doctor there who would sign a New York State Mental Hygiene Law 9.45 "psychiatric arrest order" for her, and so, history, or a warped and twisted Rensselaer County version of it, anyway, was made!

We wonder, of course, why Holt was "outed" now, at this time, by Tommy O'Connor, because up till now, Holt's name was a literal "state secret", that could not be known, in the words of Rensselaer County, and Samaritan Hospital and Northeast Health, and New York State Attorney General and GUBERNATORIAL HOPEFUL, Honorable Eliot "Big EL" Spitzer, anyway!

He simply was the "RELIABLE SOURCE", and up till now, we were unable to "pierce" that "shroud of secrecy" surrounding Holt's exact role in this matter, and now, at the very last minute, literally, we are handed Holt, and his "role", on a platter, which has all kinds of implications at this point, where the District Court Judge in the Northern District of New York never bothered to find out exactly who it was who had "denounced" PLAINTIFF in this matter, a New York State licensed professional engineer investigating alleged professional misconduct by Rensselaer County State Actors Carl Richard Aiken, an engineer, and Kevin Joseph McGrath, a surveyor, to Samaritan Hospital as being mentally ill, and in immediate need of incarceration in Samaritan Hospital's secure mental facility, or GULAG, as it is affectionately known up here, by those who must live in its fearsome "shadow", 24/7.

Speculation for why Holt was finally "outed" by Tommy O'Connor now runs rampant, of course, but I am of that school that says the only real reason they withheld Holt's name was to make it almost impossible for the PLAINTIFF to be able to file a federal complaint in the matter with the degree of "specificity" required in a civil rights complaint, because up until now, PLAINTIFF never really knew what exact roles were played by the various "players" in this matter, which point forms the basis for the brief submitted to the Second Circuit Court of Appeals by Attorney-at-Law David Rook of the politically-connected, powerful Albany, New York law firm of Thuillez, Ford, Gold Johnson & Butler, who are the legal counsel and attorneys of record for defendants Northeast Health, Inc., Samaritan Hospital of Troy, New York, Dr. Adrian Anthony Morris, Dr. John Christian Braaten, Carol Fiorino, and Bernadette Rotter Hallam in this appeal.

"He didn't say it the right way, throw out his appeal" is essentially what Rook is saying to the Appeals Court in his brief, which we received just last Monday, and on its face, it is a powerful and persuasive argument, if you can just look past the fact that the reason the PLAINTIFF was unable to state facts with a certain degree of specificity was because Northeast Health, and Rensselaer County made damn sure that those essential facts were withheld from PLAINTIFF, by having discovery for the PLAINTIFF denied by the District Court, and by failing to disclose this information themselves, despite provisions in the Federal Rules of Civil Procedure which require that disclosure.

"This is a very special case" said the GOLD JOHNSON man, Rook, and so it was to be.

Get control of what the first word can be, in this case, the contents of PLAINTIFF's federal complaint, by having the District Court limit him to just twenty pages, including all of the required "boiler-plate" language which must be included in every federal civil rights complaint, at the same time that you are withholding evidence, yourself, and then, retain the last word for yourself, in this case, the right to file the last brief with the words in it, "see, he didn't do it right, because we were so good at our jobs of withholding evidence from him", and you have a winning solution, every time!

And so it now might be!

But it is not quite yet over, so ....

Please!

Stay tuned for further details!

Thank you for your attention!

"Ad Campaign Says Roberts Backed Violent Protesters - Judge's Allies Defend His Work on Abortion Case"

By Dan Balz
Washington Post Staff Writer
Tuesday, August 9, 2005; Page A03

A prominent abortion rights group launched a television ad yesterday that accuses Supreme Court nominee John G. Roberts Jr. of siding with violent extremists and a convicted clinic bomber while serving in the solicitor general's office, an accusation that Roberts's supporters immediately condemned as a flagrant distortion.

The ad concludes by saying, "America can't afford a justice whose ideology leads him to excuse violence against other Americans."

And for us common citizens up here in Rensselaer County in the State of New York, this is a critical week, as we will find out this week, from the briefs that they must file with the Second Circuit Court of Appeals by the 18th of August, what the position taken by the State of New York and the Town of Poestenkill will be with respect to excusing violence against us and our licensed engineer representative here in Rensselaer County.

SO!

Please ....

Stay tuned!

And as always, your continuing interest in our plight is appreciated!

[Livyjr]

And I re-checked the scheduling order today, and it is the 17th of August that New York State Attorney General Eliot Spitzer, and counsel for the Town of Poestenkill must file their briefs in this appeal with the Second Circuit Court of Appeals!

How Eliot Spitzer is going to handle this matter of the TRASHMAN being the now-famous "reliable source" in this matter remains a mystery to us, of course, but by all indications we have received to date, he apparently is just going to try and BULL through!

"Stay out of our BID-NESS!"

"This is the way we do things here!"

"Keep out!"

"New York State OFFICIAL GUMMINT BID-NESS!"

"SCRAM!"

Stay tuned!

[Livyjr]

And I re-checked the scheduling order today, and it is the 17th of August that New York State Attorney General Eliot Spitzer, and counsel for the Town of Poestenkill must file their briefs in this appeal with the Second Circuit Court of Appeals!

How Eliot Spitzer is going to handle this matter of the TRASHMAN being the now-famous "reliable source" in this matter remains a mystery to us, of course, but by all indications we have received to date, he apparently is just going to try and BULL through!

And here is what Rensselaer County Supreme Court Justice Hon. James B. Canfield had to say about one instance in 2002 in the Town of Poestenkill involving the Poestenkill Planning Board and a "gravel operator" from out of town who had connived with the Planning Board to obtain an unlawful approval from the Poestenkill Town Planning Board, with the willingness of the Planning Board as a co-conspirator, which is what this litigation by us citizens up here is all about:

"Turning to Poestenkill's challenged determination approving Shower's subdivision, the Court is not authorized simply to substitute its judgment for the respondent's (Poestenkill Planning Board, Robin Bayly, Chairman)."

"The scope of judicial review of administrative determinations IS LIMITED TO ANALYZING whether the respondent agency WAS ARBITRARY OR CAPRICIOUS, that is whether it took the action without a sound basis in reason or without regard for the facts; ACTED IN EXCESS OF ITS JURISDICTION; IN VIOLATION OF LAWFUL PROCEDURE, positive statutory or constitutional requirements; or in abuse of its discretionary power."

"Barring such wrongs, the Court must confirm the determination."

"Upon reviewing the administrative record presented here, IT IS CLEAR that Showers and Valente PRESENTED MATERIALLY ERRONEOUS INFORMATION to Poestenkill AND THAT THE ERRONEOUS INFORMATION SERVED AS THE BASIS for the challenged determinations!"

"Showers and Valente misinformed Poestenkill that they had an existing DEC (New York State Department of Environmental Conservation) mining permit, when they now concede that they had withdrawn their latest permit application six months before AND THEIR PRIOR PERMITS HAD ALL BEEN ELIMINATED BY PRIOR COURT ORDERS, which Showers and Valente failed to mention to Poestenkill."

"Showers and Valente failed to inform Poestenkill that they still had not complied with the requirements of prior mining permits on the property, BUT INSTEAD HAD OVER-MINED THE LAND making it unusable for residential purposes AND HAD NOT RESTORED THE LAND, AS THEY HAD PROMISED."

"Instead, Showers and Valente misinformed Poestenkill that they were attempting to comply with DEC's engineering and design requirements, WHEN THEY WERE NOT!"

"Showers and Valente materially mischaracterized the present zoning of the area they sought to divide into three parts as a nonconforming 19.18 acre natural products area, WHICH THEY NEEDED TO REDUCE TO LESS THAN TEN ACRES in order to conform to the town's law, WHEN POESTENKILL NOW CONCEDES THAT IT WAS ACTUALLY A 101.73 Acre Residential area which would require one of the subdivisions to be rezoned into a Natural products zone after subdivision."

"Given the misinformation, no reasonable determination of whether the proposed subdivision would have an environmental impact could be made by Poestenkill!"

"UNDER THE CIRCUMSTANCES, IT IS CLEAR THAT THE CHALLENGED DETERMINATIONS GRANTING THE SUBDIVISION AND DETERMINING THAT DOING SO WOULD HAVE NO ENVIRONMENTAL IMPACT WAS MADE BY POESTENKILL IN COMPLETE IGNORANCE OF THE ACTUAL FACTS AND ITS DETERMINATION MUST BE ANNULLED ON THAT GROUND ALONE!"

"Poestenkill's extremely casual approach to determining environmental impact also bears notice!"

"The administrative record here REFLECTS POESTENKILL'S COMPLICITY with Showers and Valente in using the proposed subdivision AS A MEANS OF AVOIDING SEQRA review (State Environmental Quality Review Act, in conformance with the requirements of the New York State Constitution) by reducing the impact of the immediate proposal without inquiring into the possibility of further development at a later date!"

"Regardless of Showers and Valente's misinformation, Poestenkill's determination of no environmental impact would have to be rejected based on Poestenkill's FAILURE TO EVEN GIVE THE APPEARANCE of complying with SEQRA!"

SO ORDERED!

Rensselaer County Supreme Court
October 3, 2002

While this federal court business is dragging on, with the New York State Attorney General acting to delay the appeal, and so keep our expert witness in a state of limbo, there is what is called a "ram through" going on up here in the Town of Poestenkill, where the Poestenkill Planning Board and the Poestenkill Town Board and the New York State Department of Environmental Conservation are going to try and ram this mining permit annulled by Judge Canfield above back through the "system" this Wednesday night, August 17th, despite this Judge's order above, which is simply being ignored by all three REPUBLICAN-controlled entities, as though the paper this judicial decision was written on was worthless, which it will be for all practical purposes, while we are essentially locked out of due process and equal protection of law up here, thanks to this federal court decision that is being appealed from in this other matter:

July 8, 2005

TO: Mr. Tommy Slavin
Town Supervisor
Town of Poestenkill

I have been made aware of recent zoning concerns at the proposed Polaro mine (formerly Showers/R. J. Valente operations).

Consistent with my charge to foster and encourage an environmentally and economically sound mining industry and my charge to assist municipalities in often problematic mining matters, I offer the following observations which may help you with the outstanding zoning question!

As Mr. Showers mined on the property until this Office required him to come into compliance (at which time he elected to have R. J. Valente take over), as R. J. Valente intended to mine but was prevented from mining due to legal considerations and as Scott Polaro took up where Mr. Showers left off, there was no intentional lapse in mining activity at this site.

Mr. Showers intended to mine all the reserves as seen at this mine and the parcel immediately adjacent to this mine.

The fact is simply that a miner purchases or controls land to mine all the commercially valuable reserves over time until all reserves are exhausted - this is one of the basic "truisms" in the mining industry.

Now as a significant portion of this mine has already been disturbed by mining, as this area has been left abandoned without reclamation waiting for another miner to finish mining so reclamation can be completed and as Mr. Polaro has demonstrated exemplary cooperation with this Office, this Office fully supports the Polaro application.

It is my understanding that the intent of the zoning law as it relates to changing zoning after a 1 year cessation in mining, is that after mining and reclamation are accomplished, the zoning at the former mine changes to a more restrictive classification - and rightfully so!

As a professional planner, I recognize and support such a process.

I believe that this case is unique as the laspe is unintentional/beyond the control of the landowner (LITIGATION) and we have an abandoned mine mine that will require further mining and reclamation before the change in zoning should appropriately take place - consistent with the zoning law!

After reclamation, the land will now support the uses allowed under the higher zoning classification.

Please give this unique situation you (sic.) consideration.

Allan Hewitt
New York State Department of Environmental Conservation
Region 4 mining Supervisor

CC: Eugene Bechard, Town of Poestenkill Building Inspector
Robin Bayly, Chairman, Town of Poestenkill Planning Board

This post has been edited by Livyjr: Aug 15 2005, 04:47 PM

[Livyjr]

"Is the present state of the national republic enough?"

"Is virtue the principle of OUR government?"

"Is honor?"

"Or is ambition and avarice, adulation, baseness, covetousness, the thirst for riches, indifference concerning the means of rising and enriching, the contempt of principle, the spirit of party and of faction the motive and principle that governs?"

- John Adams, a rather plain and unavaricious American president, and man of law, and a CHAMPION of a truly independent judiciary, in a letter to Dr. Benjamin Rush of Philadelphia, circa 1805

And Mr. Adams, isn't the answer really quite clear?

[Livyjr]

"Is virtue the principle of OUR government?"

"Is honor?"

"Or is ambition and avarice, adulation, baseness, covetousness, the thirst for riches, indifference concerning the means of rising and enriching, the contempt of principle, the spirit of party and of faction the motive and principle that governs?"

- John Adams, a rather plain and unavaricious American president, and man of law, and a CHAMPION of a truly independent judiciary, in a letter to Dr. Benjamin Rush of Philadelphia, circa 1805

And Mr. Adams, isn't the answer really quite clear?

And I re-checked the scheduling order today, and it is the 17th of August that New York State Attorney General Eliot Spitzer, and counsel for the Town of Poestenkill must file their briefs in this appeal with the Second Circuit Court of Appeals!

How Eliot Spitzer is going to handle this matter of the TRASHMAN being the now-famous "reliable source" in this matter remains a mystery to us, of course, but by all indications we have received to date, he apparently is just going to try and BULL through!

"Stay out of our BID-NESS!"

"This is the way we do things here!"

"Keep out!"

"New York State OFFICIAL GUMMINT BID-NESS!"

"SCRAM!"

Stay tuned!

And as expected, we did get the reply of New York State Attorney General Eliot "Big EL" Spitzer with regard to this use of state-sanctioned violence against citizens of the State of New York who are just plain damn sick and tired of living in one of the most corrupt states in the United states, if not the whole wide world itself, and as expected, it is nothing but a lawyer's attempt at continued vilification of those of us who would rather live in a state with a whole lot less corruption than the one we have, right at present!

The reply is being analyzed, line by line, word by word, sentence by sentence, and it is my understanding that a reply by us is in the works, and so ....

As always, please .......

Stay tuned!

[Livyjr]

And as expected, we did get the reply of New York State Attorney General Eliot "Big EL" Spitzer with regard to this use of state-sanctioned violence against citizens of the State of New York who are just plain damn sick and tired of living in one of the most corrupt states in the United states, if not the whole wide world itself, and as expected, it is nothing but a lawyer's attempt at continued vilification of those of us who would rather live in a state with a whole lot less corruption than the one we have, right at present!

"Have you considered the meaning of that word 'worthy'?"

"Weigh it well ......"

"I had rather you should be worthy possessors of one thousand pounds honestly acquired by your own labor and industry, than of ten millions by banks and tricks!"

"I should rather you be worthy shoemakers than secretaries of states or treasuries acquired by libels in newspapers!"

"I had rather you should be worthy makers of brooms and baskets than unworthy presidents of the United States procured by intrigue, factious slander and corruption!"

- words of John Adams, a signatory to the American Declaration of Independence, author of the Constitution of the Commonwealth of Massachusetts, AND ITS BILL OF RIGHTS OF THOSE AMERICANS LIVING IN THAT PLACE, and second president of the United States of America, to HIS OWN SON ......

[Livyjr]

Does anyone really think lawyering involves ethical behavior?

Some people do!

There are courses in legal ethics required for admission to the bar.

A separate test in legal ethics is supposed to measure one's moral fitness for the practice of law.

We are required to have a few hours of ethical training as part of mandatory Continuing Legal Education.

WHOOP DE DOO!

After all, we stand in defense of the most heinous members of our society, and I'm not just talking about defense negligence lawyers here, of course.

- President, Albany County Bar Association, March 2003

"State takes look at judge - Claims against Albany County Surrogate Cathryn Doyle appear to stem from case of state Supreme Court justice accused of shaking down lawyers" 
 
By MICHELE MORGAN BOLTON, Staff writer, Albany, New York Times Union
First published: Friday, August 12, 2005

ALBANY -- The state Commission on Judicial Conduct is investigating Albany County Surrogate's Court Judge Cathryn Doyle, according to a lawyer who has been subpoenaed to testify in the secret probe.

Although specifics of the allegations against Doyle are unclear, the charges apparently arose from an ongoing proceeding the commission is conducting against state Supreme Court Justice Thomas Spargo.

Spargo, the former Berne town justice, is accused of shaking down a number of Ulster County attorneys with cases pending before him to contribute $10,000 each to his defense fund.

The commission has been looking into five other claims that accuse Spargo, an outspoken Republican jurist, of violating the state judicial code of conduct both on the bench and while campaigning for it in 1999 and 2001.

Doyle, a Democrat, was named in previous court papers as having attended at least one luncheon in 2003 where Spargo is accused of trying to hit the lawyers up for money.

Court papers have described Doyle as a "close, personal friend" of Spargo.

Doyle, who is president-elect of the Albany County Bar Association, was elected to the bench that handles adoptions, wills and probate in 2001, after serving for two decades as chief clerk to former Albany County Surrogate Raymond A. Marinelli.

"Is virtue the principle of OUR government?"

"Is honor?"

"Or is ambition and avarice, adulation, baseness, covetousness, the thirst for riches, indifference concerning the means of rising and enriching, the contempt of principle, the spirit of party and of faction the motive and principle that governs?"

- John Adams, a rather plain and unavaricious American president, and man of law, and a CHAMPION of a truly independent judiciary, in a letter to Dr. Benjamin Rush of Philadelphia, circa 1805

"Have you considered the meaning of that word 'worthy'?"

"Weigh it well ......"

"I had rather you should be worthy possessors of one thousand pounds honestly acquired by your own labor and industry, than of ten millions by banks and tricks!"

- words of John Adams, a signatory to the American Declaration of Independence, author of the Constitution of the Commonwealth of Massachusetts, AND ITS BILL OF RIGHTS OF THOSE AMERICANS LIVING IN THAT PLACE, and second president of the United States of America, to HIS OWN SON ......

"Town justice resigns his post - Officials had urged Richard DiStefano to quit judgeship amid state court inquiry"

By JORDAN CARLEO-EVANGELIST, Staff writer, Albany, New York Times Union
First published: Thursday, August 18, 2005

COLONIE -- Town Justice Richard DiStefano resigned Wednesday afternoon, nearly two weeks after a state appellate court suspended his license to practice law in New York while it continues to investigate allegations of unspecified misconduct.

In a brief letter faxed to Supervisor Mary Brizzell and signed by DiStefano's attorney, E. Stewart Jones, the one-term justice said he was resigning his part-time judgeship immediately, Brizzell said.

Because town justices in New York state are not required to be lawyers, DiStefano's suspension did not automatically compromise his position as a judge.

The letter ended days of speculation about what DiStefano, who has made no public statements, would decide to do.

"He wanted time to think about what should be done," said Jones, who is now representing DiStefano in the matter before the court.

DiStefano had been representing himself.

"Having digested all the information, he felt the responsible thing to do was to resign," Jones said.

Since the appellate court's decision was released on Aug. 4, a growing number of voices had called for DiStefano to step down, including his own Republican party leadership -- Brizzell among them.

The all-Republican Town Board voted unanimously to ask him to surrender the $56,600-a-year job last week in its first meeting since the court's decision, while the Democrats questioned why the board didn't act sooner.

"I'm pleased and relieved," Brizzell said.

While the court continues its investigation, it has released few details about the nine misconduct charges lodged against him other than to say that at least one of them involves client money -- or so-called "conversion of client funds" -- and that he has admitted to some of the counts.

All of the charges stem from DiStefano's alleged conduct as a private attorney, not as a judge.

"He's admitted to certain allegations they've filed against him," Jones said, adding he would elaborate once the matter was settled.

But he added, "it's certainly not what it would appear" to be.

The resignation leaves an opening for the remaining three and half months of DiStefano's four-year term, which the town board could fill by appointment as soon as next week.

DiStefano hasn't served on the bench since the Appellate Division of the State Supreme Court said he "is guilty of professional misconduct immediately threatening the public interest."

His next turn in town's three-judge rotation was due to come up on Aug. 22, and he told Brizzell last week he would make a decision by then.

Town officials stressed last week that the nature of DiStefano's suspension put them in an awkward position.

Because the judgeship is an elected position, Brizzell said the town had no authority to force him to quit, and Town Attorney Arnis Zilgme said the town could not limit his duties, either.

Four candidates are currently vying for two open judgeships in November.

One of those seats belongs to DiStefano, who was not offered as a candidate well before the suspension.

Town officials said Republican judicial candidate Susan Tatro, a former town attorney who now works as counsel to the state, would make a likely replacement.

"I would assume she is a front-runner," Brizzell said.

Councilman Thomas With, the board's liaison to the Justice Department who is running for re-election alongside Tatro, also called her a strong candidate, adding that the town needs to act quickly to avoid backlogs in the busy court.

If Tatro is appointed, it would mean both Republican judicial candidates could run as sitting judges, even though neither had been elected.

Justice Andrew Sommers, who is also running, was appointed to fill a vacancy this spring.

Democrats Gus Devine and Michael Magguilli are challenging them for the jobs.

With said no decisions have been made yet.

"It's still open," he said.

Jordan Carleo-Evangelist can be reached at 454-5445 or by e-mail at jcarleo-evangelist@ timesunion.com.

[Livyjr]

As I watch this appeals process unfolding, where we now have the briefs of the State of New York and the Town of Poestenkill in hand, so that we can sit and read them, and absorb them at our leisure, I am struck by exactly how ugly this process really is, at least in this specific case!

I would say that as a disabled combat veteran myself, I am really a "law and order" type, because I have been in a place where there was no law at all, and I don't wish to go back there, nor have that imposed on me in my own home, and so .......

All of this makes one have to wonder .....

To be continued ....

[Livyjr]

As I watch this appeals process unfolding, where we now have the briefs of the State of New York and the Town of Poestenkill in hand, so that we can sit and read them, and absorb them at our leisure, I am struck by exactly how ugly this process really is, at least in this specific case!

As I read through the Briefs submitted to the Appeals Court in this matter by the State of New York and the Town of Poestenkill, I am struck by just how cheap these two political entities hold our lives as American citizens living here in the State of New York, and the contempt that these two political entities have for us, and the laws that we believe in .....

It's mind-boggling, actually ....

[Livyjr]

As I read through the Briefs submitted to the Appeals Court in this matter by the State of New York and the Town of Poestenkill, I am struck by just how cheap these two political entities hold our lives as American citizens living here in the State of New York, and the contempt that these two political entities have for us, and the laws that we believe in .....

It's mind-boggling, actually ....

And the clock continues to tick, as the end of our time rapidly approaches when we must have our reply briefs to the State of New York and the Town of Poestenkill submitted to the Court in New York City ....

And these replies will be the final papers that can be submitted by any parties.

And so ....

One way or the other, the moment of truth will soon be at hand!

Will be continued .....

[Livyjr]

And the clock continues to tick, as the end of our time rapidly approaches when we must have our reply briefs to the State of New York and the Town of Poestenkill submitted to the Court in New York City ....

I have to say as an older American who is also a combat veteran, that on paper, by the book, the law in OUR America is an incredible thing, and as an older American who believes in the power of logic and reasoning being built into the very fabric of OUR system of law, I am finding it fascinating watching this appeals process unfold .....

And one thing that I personally have to report, and fairly so, is the show of ethics over convenience that was demonstrated by attorney David Luntz in his recently filed brief, where he took the tack of not opposing the facts stated by PLAINTIFF in the amended complaint, after learning that the "reliable source" depended upon by the Court below to justify dismissing the amended complaint was none other than the TRASHMAN in charge of cleaning rest rooms in the Rensselaer County Office Building, and taking out its trash!

It's nice to see that kind of ethical values in a younger person, where they personally will not prostitute themselves to try and lie their way around the truth of a matter, once that truth in this matter was finally revealed on the record for all to see, and heed, in this appeal, when Hon. Thomas O'Connor finally revealed the "reliable source's" true identity to the Appeals Court as the TRASHMAN and it is a sign that bodes well for the future, when a young man like this can put personal responsibility before political expediency in a charged case such as this one, where based on nothing at all, just lies, a New York State licensed professional engineer has been branded in OUR community, OUR county and OUR state as an alleged dangerous mental patient, to his and OUR detriment, while this injustice to OUR community remains unresolved in a court of law!

[Livyjr]

I would say that as a disabled combat veteran myself, I am really a "law and order" type, because I have been in a place where there was no law at all, and I don't wish to go back there, nor have that imposed on me in my own home, and so .......

All of this makes one have to wonder .....

And here are a few words on the "law" from the man who likely was my favorite lawyer, as well as the man from whom I got some of my respect for hard work and learning, despite adversity!

If old Abe Lincoln could do his learning in a log cabin with a dirt floor and no light but that of a firepalce, what excuse did I have when there were electric lights in my house?

Letter to Isham Reavis on November 5, 1855

My dear Sir:

I have just reached home, and found your letter of the 23rd. ult.

I am from home too much of my time, for a young man to read law with me advantageously.

If you are resolutely determined to make a lawyer of yourself, the thing is more than half done already.

It is but a small matter whether you read with any body or not.

I did not read with any one.

Get the books, and read and study them till, you understand them in their principal features; and that is the main thing.

It is of no consequence to be in a large town while you are reading.

I read at New-Salem, which never had three hundred people living in it.

The books, and your capacity for understanding them, are just the same in all places.

Mr. Dummer is a very clever man and an excellent lawyer (much better than I, in law-learning); and I have no doubt he will cheerfully tell you what books to read, and also loan you the books.

Always bear in mind that your own resolution to succeed, is more important than any other one thing.

Very truly Your friend

A. Lincoln

[Livyjr]

Always bear in mind that your own resolution to succeed is more important than any other one thing.

Very truly Your friend

A. Lincoln

Let's see here!

Abe Lincoln!

1957, I believe it was, in the fifth grade, when I first really read about Abe Lincoln, and probably because I was a country boy myself, I really did connect with Abe Lincoln as somehow embodying that which was quintessentially American, and well, for me, that was the path that I took for myself, that which Abe Lincoln told this other young man, which was:

Get the books, and read and study them till you understand them in their principal features; and that is the main thing.

I never took old Abe Lincoln for a man who kidded around much, and so, when I read these words of his way back in 1957, well, I thought they were aimed at me, as well, and not knowing different, I got books, and I have been studying them, ever since, and little by little, not being entirely a dolt, I do kind of understand them in their principle features, and .....

Well, we'll just have to wait another month or so, and see!

In the meantime, our final two briefs in reply to the State of New York and the Town of Poestenkill went out in the mail today ahead of our deadline, and so ......

One more huge load off our shoulders, and that is an understatement!

[Livyjr]

In the meantime, our final two briefs in reply to the State of New York and the Town of Poestenkill went out in the mail today ahead of our deadline, and so ......

SO!

With the mailing of these two briefs today, this appeal should now be complete, for everyone.

No more papers can be filed now, and the next step will be to wait for a date of argument, which has tentatively been set for the first week of October of this year, down in New York City, where the Second Circuit Court of Appeals is located.

Besides our side in this matter, there are five separate but inter-related positions being taken in this matter by five different sets of opposing counsel, to include the New York State Attorney General, the Thuillez, Ford, Gold Johnson law firm of Albany, New York on behalf of the doctors, nurses and hospital involved in this matter, Thomas J. O'Connor on behalf of Rensselaer County Executive Kathleen Jimino and her alleged co-conspirators, to include the TRASHMAN, the Town of Poestenkill, and an attorney who is representing another nurse involved in getting the alleged fraudulent "direct admission paperwork" for the PLAINTIFF into the hands of the VA Police on August 22, 2001 on the false pretenses that the PLAINTIFF was a psychiatric patient of this nurse!

FALSEHOODS!

Complete and total falsehoods, but talking about it in here, without doing nothing about it in a court of law, and fifty cents buys coffee ......

[Snuffysmith]

http://www.law.com/jsp/article.jsp?id=1124960719614

Group Seeks Suits Against Plaintiffs Firms
Justin Scheck
The Recorder
08-29-2005


A prominent tort reform group has a new idea for attacking out-of-control litigation: more lawsuits.

That was the theme of an online seminar Thursday morning by the conservative Washington Legal Foundation, the champion of free markets, constraints on litigation and rollbacks of government regulation.

The group -- which has become known for filing objections to plaintiffs lawyers' fee requests -- is now advocating for a new type of litigation: shareholder suits against plaintiffs lawyers famous (they would say infamous) for bringing shareholder suits.

The occasion, of course, is the highly public federal investigation of the plaintiffs firm formerly known as Milberg Weiss Bershad Hynes & Lerach.

As prosecutors continue to pursue former lawyers of that firm -- it split up last year, with San Diego-based star partner William Lerach forming his own firm, Lerach Coughlin Stoia Geller Rudman & Robbins -- the Washington Legal Foundation aims to piggyback on the allegations by giving the country's top shareholder plaintiffs attorneys a dose of their own litigiousness.

"A taste of their own medicine might be poetic justice," said Paul Kamenar, the group's senior executive counsel and an outspoken critic of securities litigation.

The muse behind Kamenar's idea for litigious poesy is Seymour Lazar, the lead plaintiff in many Milberg Weiss suits who was indicted by federal prosecutors in June for allegedly taking payments from the firm (Milberg Weiss and its former lawyers have not been charged).

In his Thursday morning seminar, Kamenar suggested that allegations in that indictment could form the basis for a wide range of suits by former class members from Milberg Weiss suits.

"To the extent that shareholders were either defrauded or misled," he said in an interview Wednesday, "or kickbacks were given, there should be some liability, to be sure."

For example, Kamenar said the former class members could sue over fraud claims, unjust enrichment, breach of fiduciary duty (if lawyers put lead plaintiffs' interests ahead of the rest of the class) and -- for good measure -- civil Racketeer Influenced and Corrupt Organizations Act violations.

In the seminar, titled "Trial Lawyers' Enron" after a Wall Street Journal editorial about the indictments, Kamenar criticized the plaintiffs lawyers and spent time discussing a suit in San Francisco federal court that the Washington Legal Foundation has been researching for years.

In that U.S. district court case, Henry v. Terayon, 00-CV-1967, Lerach's named plaintiff is a short-seller, who, Kamenar said, worked to drive down a company's stock price and then sued executives over the fraud that allegedly caused the price to drop. The SEC, he said, is investigating the case.

Kamenar -- who conducted the seminar solo, since another scheduled panelist canceled at the last minute -- said afterward that he's optimistic about the chances of suing the plaintiffs lawyers.

"We would be prepared to file such a case," he said. "The foundation is looking to file such a legal action."

Joseph Grundfest, a securities expert at Stanford Law School and frequent critic of the plaintiffs bar, said Thursday that he has heard little about the idea of private civil suits in connection with the federal investigation.

"All of this seems premature until we know what allegations, if any, are going to be made against the firm and individual attorneys," he said.

And Robert Lieff, a securities plaintiffs lawyer and partner at Lieff Cabraser Heimann & Bernstein, agreed. "I hadn't thought about it," he said. "It seems bizarre to me."

But to Kamenar, bizarre or not, the idea has irresistible appeal.

"It would be kind of ironic," he said in the seminar, "to have a class action against Milberg Weiss."