A$tor E$tate to Judge'$ Crony... CLICK HERE FOR FULL STORY

Brooke Astor isn't even buried yet but, according to informed sources, the prestigious Manhattan law firm, Paul Weiss Rifkind Wharton & Garrison, has pulled in a small White Plains law firm, McCarthy Fingar, for proceedings in the Westchester County Surrogate's Court before the Hon. Anthony A. Scarpino, Jr.

No wonder....

It took more than four years after his being elected in 2000 as Westchester County's lone Surrogate Judge before the McCarthy Fingar law firm would remove from their firm website and the internet their advertising the fact that a partner in the firm, Frank W. Streng, "serves on the Transition Committee of Anthony A. Scarpino, Jr., Surrogate of Westchester County (March, 2001 – present)" (Note: McCarthy Fingar was formerly McCarthy Fingar Donovan Drazen Smith)

A Pattern of Odd Estate Proceedings

In one estate that questioned the McCarthy Fingar advertising and its appearance of impropriety, Surrogate Scarpino denied the application to disqualify the law firm and attorney Frank Streng. In that same estate, and while McCarthy Fingar was simultaneously advertising their implied special relationship with the Judge before whom they appeared, the Surrogate twice granted financial sanctions in favor of McCarthy Fingar. In an associated proceeding at the Brooklyn Appellate Division, Second Department, relief against McCarthy Fingar was denied by then-Associate Appellate Justice Sondra M. Miller, and who is now employed as a lawyer at McCarthy Fingar. (The Estate of Margaret A. McKeown)

Digging Up More Than Tom Carvel's Body

Recently, in a proceeding involving one of the Carvel Ice Cream estates, Surrogate Scarpino refused to disqualify himself in rulings regarding attorney Frank Streng and McCarthy Fingar, even after he had finally recused himself in the McKeown estate for similiar reasons. And as recently reported in the weekly newspaper The Westchester Guardian, Surrogate Scarpino denied an application to disqualify himself despite the presentation of undisputed documents showing that hundred of thousands of dollars in loans were made to Judge Scarpino by Hudson Valley Bank, whose chairman purports to be the president of the Thomas & Agnes Carvel Foundation. (See Carvel Story to the right)

Oh, by the way...

Court records show that Justice Scarpino just last year held a five month trial in the Harry Winston Trust matter that involved Banker's Trust Company as fiduciary. Apparently, Judge Scarpino inquired at the onset of the trial if anyone had a problem with him sitting as the judge since he had been employed by Banker's Trust Company. Sources reveal that his decision at the close of the trial was totally in favor of his former employer. Legal sources indicate that judges are required to reveal any possible conflict at the first opportunity, which would have been over 4 years earlier, well before the trial, and after his taking judicial office in January of 2001.

Years of Advertising Close Ties to the Judge

It appears that McCarthy Fingar finally, in about mid-2005, removed from their firm website and the internet their advertising of their implied favored association with Surrogate Scarpino. But before the removal of the advertising, notarized proof was secured from a California company called Internet Archive, which provides access to a digital library of internet sites. Their service, called Wayback Machine, makes it possible to access more than 40 billion pages stored in the Internet Archive's web archive, and with focus on past date-specific information. (See: www.archive.org - It's a great internet tool, one which no longer carries anyreference to McCarthy Fingar)

The April 21, 2005 dated sworn affidavit of Molly Bragg, office manager of Internet Archive, is posted to the right. Pages 15 & 17 show the advertisement that a McCarthy Fingar partner, "serves on the Transition Committee of Anthony A. Scarpino, Jr., Surrogate of Westchester County (March, 2001 – present)" (See "Judicial Advertising" to the right)

Judge: No Money for the Cancer Patient

The small McCarthy Fingar law firm may also be familiar to readers of the June 14, 2007 article on the cancer patient who was denied funds for her care by the Bank of New York and Surrogate Scarpino. That article is reprinted here. (As of August 16, 2007, there were 218 comments !!- to see the comments, click on the June 14, 2007 story, half-way down the page below.


From Thursday, June 14, 2007

Judge Denies Cancer Patient Monies From Mother's 17-Year-Old Estate

Adrienne Marsh Lefkowitz found out she had cancer last May. And most people know that stress is not good for cancer patients. But perhaps someone needs to tell that to Westchester County Surrogate Judge Anthony A. Scarpino and The Bank of New York who together tried to crush the Bank's cancer-victim opponent.

Lefkowitz, a retired New York State attorney is only too familiar with stress as a way of life, a horror involving her mother's Westchester County estate that has been going on since Irene Marsh's death 17 years ago. Westchester County Surrogate Court records indicate that Irene Marsh's other distributees timely received their monies years ago. However, Ms. Lefkowitz and her daughter did not. (Incidentally, Ms. Lefkowitz's father's 19-year-old New York County estate is also still pending.)

For many years Ms. Lefkowitz's estate distributions were often seized in secret by the estate executor, the Bank of New York. The Bank even refused to release her monies (almost $200,000.) after she made a special request related to her cancer diagnosis. And that medical request also didn't matter much to Westchester County Surrogate Anthony A. Scarpino who not only denied the emergency medical request but failed to even mention the medical need in his decision. (Matter of Irene B. Marsh, New York Law Journal, October 20, 2006, page 28)

Though Lefkowitz provided evidence from her doctor concerning the cancer diagnosis, and her own affidavit seeking an "expedited resolution" to her request for the release of the undistributed funds withheld from her for years, the judge denied her request in a September 28, 2006 ruling. One attorney who reviewed the public file said, "It's quite clear that Ms. Lefkowitz presented evidence to the court concerning her cancer diagnosis, and her urgent need for special care and treatment. I can't understand or explain why the request was denied, and without the court even commenting on her need for monies for immediate cancer treatment."

A review of the filed documents reveal that while rejecting the original grounds asserted by the bank-executor for withholding Lefkowitz's distributions, the judge refused to release the funds to Lefkowitz because of the bank's new argument of anticipated future litigation expenses, and a potential estate insolvency. The Bank of New York concealed from the court that it has refused to pay any more legal bills since January 2004.

"But only Lefkowitz, of the 5 beneficiaries was, in effect, being required to "post a bond" for future estate legal expenses," says another legal expert after a review of the file. "The denial of monies to a cancer patient is reprehensible on its own, but given the bank's admission to criminal activity, the Bank of New York is hardly a suitable fiduciary in any estate." He added, "Under New York State Probate Laws, Article 7 of the SCPA, "dishonesty" is grounds for removal of The Bank of New York as it cuts directly to their ineligibility as a fiduciary. This estate should have been finalized years ago, and the denial of money for a cancer patient by the judge and the fiduciary are shocking- beyond words." (See The Bank of New York non-prosecution agreement with the FBI on this forum, to the right)

Instead, the court has left The Bank of New York in place as the fiduciary of Lefkowitz's mother's estate, with the clear message that Lefkowitz would get no money for cancer treatment or care, or anything else, because of her plans to finally hold the bank accountable for its failings over the past 17 years, which include their dereliction in securing the Marsh family furnishings, art and jewelry. Lefkowitz is also opposing the huge attorney bills to the estate from McCarthy Fingar LLP. (The reader may recognize the McCarthy Fingar law firm from other stories on this forum, including the Thomas and Agnes Carvel estates) (click "JUDGE TO CANCER PATIENT..." icon on right to view the Court Decision and Lefkowitz's Affidavit).

The FBI has been investigating why over $300,000 of Lefkowitz's daughter's trust funds had been wrongfully retained in trust by the Bank of New York over 2 years after the termination date as set forth in the Marsh wills. The FBI probe follows the 2005 non-prosecution agreement where the Bank of New York agreed not to commit any more crimes, as reported in The New York Times on November 9, 2005. The bank's non-prosecution agreement with the U.S. Attorneys' Eastern and Southern Districts of New York involved criminal activities which implicated the bank's corporate counsel's office and high-level Bank of New York executives.

Ms. Lefkowitz repeatedly declined to comment on this story.

(This forum will carry other examples of abuse of the cancer patient by The Bank of New York)

Posted by Corrupt Courts Administrator at 6:07 PM

As of August 16, 2007, there were 218 comments - to see them click on the June 14, 2007 story below