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Monday, October 15, 2007

Geography Determines Attorney Misconduct....(CLICK HERE FOR FULL STORY)

The lawyer busted for forging a judge's order made only one mistake. His office should have been in The Bronx or Manhattan.....MORE....….

Location, Location, Location

Had attorney Laurence Jurman only had a law office under the closed eyes of Thomas J. Cahill of the First Department's Disciplinary Committee, one simple phone call would have made his little fraud go away. Yes, even a little problem like faking a judge' s order can be swiftly buried by the C & C crew at 61 Broadway (Cahill and Cohen).

While we anxiously await the formal announcement, which will be any day, of the name of the poor person who will be cleaning up Tom Cahill's mess at the DDC, we leave you with Vesselin Mitev's New York Law Journal article:

After Screwing Up Case, NY Lawyer Busted for Faking Judge's Order
New York LawyerOctober 15, 2007
By Vesselin Mitev
New York Law Journal

What started as a dispute between neighbors over a swimming pool has led to the arrest of a Long Island attorney. Laurence S. Jurman of Dix Hills allegedly forged the name of Supreme Court Justice William Rebolini to a judicial order in a civil lawsuit filed as the result of the dispute, according to a statement issued by the Suffolk County District Attorney's Office in May of this year.

On Wednesday, Mr. Jurman, 40, appearing without counsel, pleaded not guilty to a single count of criminal possession of a forged document in the second degree, a class D felony punishable by 2 1/3 to 7 years in prison.

Mr. Jurman was released on his own recognizance by District Judge Paul Hensley and is due back to court on Nov. 19. Mr. Jurman, who was admitted to the state bar in 1991, allegedly advised his clients, plaintiffs who were dissatisfied with the pace of their lawsuit, that Justice Rebolini on May 4 had denied a motion to vacate a nonexistent default by defendants. He subsequently supplied plaintiffs with a copy of the order purportedly signed by Justice Rebolini. Mr. Jurman could not be reached for comment Friday night.

The background of Mr. Jurman's arrest is spelled out in a decision handed down last month by Supreme Court Justice Edward D. Burke allowing the plaintiffs more time to effect service of a summons and complaint that had laid dormant since being filed four years ago.

In Yahney v. Wolforst, 16106/03, Justice Burke refused to penalize plaintiffs Jeff and Deborah Yahney for relying on Mr. Jurman. "While the court acknowledges the absence of diligence and the extended length of the delay of four (4) years in effecting service upon the defendants, both of these factors are attributable solely to egregious conduct on the part of the plaintiffs' former counsel, which this court will not impute to the plaintiffs," the judge wrote. He said he was forwarding a copy of his order and supporting papers to the district attorney and the grievance committee of the Tenth Judicial District.

According to the decision, the Yahneys accused Joe and Orsola Wolforst of negligently building a retaining wall and berm, resulting in water damage to the Yahneys' property due to the changed grade of their land. Around June 2003, the Yahneys retained Mr. Jurman to sue the Wolforsts for monetary damages and a permanent injunction.

On June 10, 2003, a summons and complaint was filed in Suffolk County Supreme Court and an index number assigned. And that is where the legal process ended, Justice Burke said. "Plaintiffs expected that the defendants would be served with the summons and complaint and that the action would proceed in the normal course," he said. "However, this action remained dormant and without any judicial intervention as the same was not initialized by the filing of a Request for Judicial Information until the interposition of this ex parte application for relief pursuant to CPLR 306-b on September 20, 2007."

Assurances Given The judge said that Mr. Jurman repeatedly assured the Yahneys that their lawsuit was proceeding normally. After Mr. Jurman filed the summons and complaint, he provided plaintiffs with a copy of an answer dated Aug. 15, 2003, allegedly prepared by the law firm of Tartamella Tartamella & Fresolone of Hauppauge.

At a subsequent consultation in May 2004, the judge wrote, Mr. Jurman said he had prepared a motion to dismiss an answer served by the defendants due to their failure to appear for depositions. He later claimed his motion was conditionally granted by the court in July 2005 and finally granted, unconditionally, on Dec. 1, 2005. After that, Mr. Jurman advised the Yahneys that the Wolforsts had retained Ciotti & Damm of Mineola, and that they had moved to vacate the defendants' previously adjudicated default.

Around June of this year, Mr. Jurman allegedly told the Yahneys that Justice Rebolini had denied the Wolforsts' motion to vacate the default, and then showed them the purported order. He advised them that he was preparing for a trial on damages that remained unscheduled. The law firms mentioned by Mr. Jurman did not return calls for comment.

"Growing increasingly impatient of the slow progress of their case and suspicious of the representations of attorney Jurman with respect thereto, the plaintiffs contacted court personnel and the attorneys who purportedly appeared herein on behalf of the defendants," the judge wrote, "and discovered that their summons and complaint had not been served on the defendants; that the action had never been assigned to a Judicial Part; and that no motions were interposed herein nor orders issued by the court in this action."

Exceptional Case

The Yahneys fired Mr. Jurman and filed a complaint with the state grievance committee in July. Harvey Savitt, their new attorney, then moved, under CPLR 306-b to resurrect the case by showing "good cause" for an extension of the 120-day period after filing within which service normally must be accomplished. "I had to lay bare the facts - there was good cause - the fraud of counsel leading [the Yahneys] to believe the action was continuing was egregious," said Mr. Savitt, a partner at Savitt, Krantz & Sellman in Commack, who also submitted an engineer's report showing how the property had been damaged. "They had an attorney who convinced them everything was hunky-dory."

Justice Burke said the interests of justice justified an extension. "While it has been established that a finding of good cause is generally precluded where no steps were taken to effect service and the good cause asserted by the movant is attributed to generalized claims of 'law office failure,' good cause is properly established in exceptional cases wherein the plaintiff's failure to serve process in a timely manner was the result of circumstances beyond the plaintiff's control," the judge said. According to Mr. Savitt, over the four years, his clients' land has taken a big hit. "It started out as a simple property dispute," he said. "For four years they've had a lake in their backyard."


24 comments:

retired court employee said...

Enjoy the blog it's HOT. My question is how many more of these situations have there been in the past ten years. It has happened before. In most cases it was just covered-up, they are all in the same club. Sometimes someone paid someone some bread. Good to see one of them get it, most treated us like dogs.

Anonymous said...

If lawyers don't like what the papers show, they just make up their own. That's the way it is.

The legal system sure does need federal intervention!

victim in Queens said...

Discovered that a signed (by a Judge) Order and Decision had been altered against me. Went to my lawyer he would do nothing. Confronted the defendant's lawyer he laughed at me and told me to sue, I would get nothing. The court didn't want to hear it. Filed a complaint and it was lost in a black hole. I learned, so why should I believe in the system it doesn't work. If there is a next time it will be cheaper to hire a couple of guys to do what has to be done. It is better than a corrupt system at least you can get some justice.

Anonymous said...

it is amazing that this became public, maybe there is hope?

Anonymous said...

I got screwed by an attorney in Westchester Co., I went to Judge Nicolai and got jerked around. The fix was in. Would to see this happen in Westchester.

Anonymous said...

Does this mean that each county has its own level of corruption????
Judge Kaye what do you know about this???

Anonymous said...

OCA would rarely move against anything falsified, because they participate in that behavior when necessary, themselves! I have proof of an altered transcript they mangled..it is a direct diminishing of a witness's testimony, that would have cost OCA what they wanted, so they mistakenly altered it on an OCA computer and then had the ct reporter change the official words. when the 2 copies were given to me from the same reporter, the font on one line was very different from OCA'S, then the one i ordered. I had taken notes of this particular witness, because i believed that person was committing perjury from information i had prior to hearing! The altering changed the amount of something by thousands. At least 5 OCA higher ups participated in the change. Next time they should be careful to change something coming from the same reporter, and make it all look like it was from her original computer. So, why shouldn't atty's do the same..the court encourages this behavior to manipulate results...who is watching and going to punish the judicial and legal community anyway?

court worker said...

Tell me about Transcripts they're a joke. Judges and some Attorneys with the Judges approval alter Transcript all the time, it's a joke. If you refuse, you are told your job is at stake. That's the way the system works. You go along to get along, there is nothing you can do.

Anonymous said...

I'm in posession of a court order with the signature of Judge Sam Walker (NYS Supreme Court, 9th district, White Plains) forged on it.
.
The other possibility is that Hon. Walker backdated the order (or committed fraud by himself).
.
This order, allegedly signed on Jan 27, 2006 was faxed to me by Westchester Jewish Community Services (WJCS). This agency sent me a notification letter in April 2006, asking me to submit to a child custody forensic evaluation, ordered by the Court (and bring them $2000 in cash or bank check).
.
Then I called WJCS, told thenm that I'm not aware of any order and asked them to fax me the order.
.
They faxed me this order with signature of judge Sam Walker on it. The problem was that this order (if it was not forged) was already expired (it stated that the evaluation should take place within 60 days of the date of the order, a period that had already elapsed.

This oder contained unlawful statements such as the stipulation that the pro-se parties should not have access to the report of the evaluation.

As a result of me allegedly not complying with this order the visitations with my 5-year old son were stopped (by the corrupt judge Sam Walker).
.
This order was never filed with the Court Clerk (because the order was forged or if not, because Sam Walker was afraid to file an illegal order)
.
I requested the Court many times to rule if such an order exists, but the corrupt judge Robert Neary, who replaced the recused Sam Walker always declined to hear the matter.
.
In my final divorce order issued in August 2007, Robert Neary does not even mention my refusal to comply with this order as a reason for denying me access to my son (even if for more than a year I was denied access to my son because of my refusal to comply with this order).
I still cannot see my child - this time the corrupt judge Neary decided to ressurect a ridiculous allegation that my son witnessed a fight between me and his mother, even if the allegation made by my ex-wife was dismissed by a criminal court in Stamford, CT.

more on the forged order on
www.neuronica.com

Anonymous said...

I forget...
I have transcript from court appearances between Feb 1 and March 31 2006) and a letter from my ex's attorney proving that the order for forensic evaluation could'n been signed on Jan 27, 2006.
The transcripts show that during court appearances in February and March 2006, the issue if the forensic evaluation is to be performed by a Bulgarian speaking psychologyst or WJCS was disputted before the court.

Definitely someone forged judge Sam Walker's signature or backdated the order.

Anonymous said...

I got a letter signed by Francis Nicolai releasing a litigant's attorney and not letting the litigant know. A letter from the litigant's attorney telling him you release me find somebody else. When the proceddings were taken placed. I also got two orders signed by Francis Nicolai and they both have different styles of signature I wonder if Francis Nicolai signs letter in a different way. One way in the morning another way in the afternoon. That without the forged backdated orders including a child custody order. I have the evidence that they were forged. But I been looking for batman and robin to handle the case but the are retired since the New York State Grievance Comittee has refused to handle the matter against the attorneys involved in the fraud and cover up of the fraud. The fraud goes up to the Appellate Court.

former court clerk said...

I worked for a judge in the 8th dist from 1999-2003, and this judge attempted to force me to sign his name to many "official" orders of protection, while he left the court to go play with all his friends and ex-criminal clients visiting him! I absolutely refused and he compelled me to come back to his office with all those he needed to sign, taking me away from all immediate duties, deputies waiting for prison committments etc, and has presented a major attitude till this day...and i am gone! This judge was an ex- drug addict and alcholic, that screwed up for years in the late 80's, but his ex-law companion became a supreme and administrative judge at that time and saved his law license and eventually the state allowed him to become a judge. OCA loves the criminal element in their midst...it allows them to feel what they do is never as bad as those outed for the same behavior! OCA should allow the FEDS to clean house, becasue too many sickened court employees have tons of incriminating information about many elected and appointed judiciary!

village esq said...

I Just read this from the NYLJ:

Judge Arrested for Drunken-Driving
(IN MARYLAND, OF COURSE)
October 17, 2007

BEL AIR, Md. (AP) -- The Harford County Sheriff's Office says a Baltimore County judge was arrested early Sunday morning on drunken-driving charges.

Circuit Court Judge Lawrence Daniels of Middle River was stopped by a deputy who saw him cross the shoulder line several times along Route 152 near Joppa. A police report says Daniels failed a field sobriety test and his blood-alcohol level was later measured at 0.09 percent. The legal limit is 0.08 percent.

Daniels did not return a telephone message Tuesday from The (Baltimore) Sun. The Circuit Court's administrative judge says the arrest does not affect Daniels' job status.

IF THIS WAS NEW YORK THAT COP WOULD BE DESTROYED FOR DOING HIS JOB.....

Anonymous said...

My lawyer tried to screw me by ripping me off. A buddy a NY cop to me to tape him, I did. When I went to people in White Plains to complain I told them I had tapes, no one wanted to know anything, they didn't even want to hear the tapes. Is this Justice?

Anonymous said...

My lawyer tried to screw me by ripping me off. A buddy a NY cop to me to tape him, I did. When I went to people in White Plains to complain I told them I had tapes, no one wanted to know anything, they didn't even want to hear the tapes. Is this Justice?

manhattan victim said...

Here in Manhattan no one gets caught with the team of Cahill and Cohen riding herd. I should know, I went and wound up with Cohen a cover up artist.

Anonymous said...

what the hell do you expect.... these knucklehead just gave sol watchler his law license back. it's hopeless, get used to it..

Anonymous said...

Please never say get used to it! The more people fighting, the bigger the effect. i know court houses full of employees that have given up and that is what OCA loves, because they win. If all those passive people started to uprise....OCA would be in crumbles, begging for another chance...using the same players! Let us show OCA they are on the way down...no matter how many of us are exposing them. Sol whachler is a pimple on our butts...forget his loser ass and join all of us interested in changing what should have been changed years ago....better late than later!

western new york said...

Altering a transcript is a crime...i do not believe anyone has been prosecuted for it, because how do you prove it...so the court states? It is a misd.crime. The court reporter in my case, forgot how or didn't know how , astute and experienced i was in court procedure, policy and law....as just a
lower (city) court clerk! She happened to work in supreme " court and believed that because of whom she sat next to or whatever else she participated in, she was superior! I just love the fact that OCA always under estimates me! With that being said,i have garnered tremendous information about them outside of the structure and institution of my 30 yr employment!

Anonymous said...

My lawyer was that Lawrence Jurman I paid him a lot of money for divorce of a marriage that only lasted less than a year and a half.
My ex wife divorced me because I have a Cardio Myopathy of the heart and have diffibulator inserted in me so because of Jurmans advice and cold heartedness of the courts I have to work 12 yo 15 hours a day to pay my EX $484 A WEEK.
So I realy hope he gets burned REAL GOOD.

Anonymous said...

99.9999999 percent of lawyers are thieves!!!

I never understood why people enjoy killing defenseless animals just for fun... when there are so many usless attorney's around!

Anonymous said...

I'm in a situation in Buffalo Ny at this very moment I have been in this case for eight years, It's a real mess,just found out that our attorney is trying to get out of the case after paying him thousands of dollars....he also has lied on his paperwork to the courts. I will if be bringing this front and center and will use all the power in the media to get this out. It is an injustice to the people of this country that anyone has to go through this. I'm staying anonymous for the moment but not much longer.

Anonymous said...

As a victim of Mr. Jurman's let me tell you the system is broken! I just found out this guy was rewarded by the ADA for handing in his law license on one client's case he messed up while it appears the district attorney is also going to give him credit for handing it in to the Suffolk DA. What a country! Jurman should have to go to jail for a L O N G time!! And he should have to pay every nickle he owes all of his victims with interest. The Judges forgery was just the tip of the ice burg.

I guess once a dishonest person, always a felon. It's a real shame. Makes you wonder what illegale activitiy he did while on the HH Hills school board!!

Anonymous said...

Laurence Jurman lied to more of his clients beside the Yahneys. The Platts got screwed by Jurman as well when they hired him, gave him a retainer fee and he never bought am index number. He lied to them more than once said their case was proceeding, had them show up to court and told them the case had been adjourned. Ironically he said Rebolini was the assigned judge. The guy should have gotten jail time in a cell with bubba instead a slap on the wrist.

Blog Archive

See Video of Senator John L. Sampson's 1st Hearing on Court 'Ethics' Corruption

The first hearing, held in Albany on June 8, 2009 hearing is on two videos:


               Video of 1st Hearing on Court 'Ethics' Corruption
               The June 8, 2009 hearing is on two videos:
         
               CLICK HERE TO SEE Part 1
               CLICK HERE TO SEE Part 2