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Thursday, April 10, 2008

7th Case in Tammany Hall II

Federal Judge “…I’m not going to authorize service upon all of these defendants.”

On January 22, 2008, New York attorney Eleanor Capogrosso filed a complaint in the United States District Court for the Southern District of New York, Capogrosso v New York State Commission on Judicial Conduct (08cv0526).

A transcript obtained from the publicly available court case file indicates that a hearing was held with the judge “in the robing room” at 5:20pm on February 15, 2008. The hearing was attended by the U.S. District Court Judge, the Hon. Thomas P. Griesa, New York State Attorney General Monica A. Connell, and the plaintiff-attorney, Eleanor Capogrosso.

Initially, the Court explained the purpose of the hearing, “The reason we’re having this conference, I have a new action – the plaintiff is acting pro se – and the action is against a number of state court judges, as well as the New York State Commission on Judicial Conduct. And what I wanted to tell you is that the complaint appears to be without merit; we’ve reviewed it, and I am not going to authorize service upon all of these defendants…”

The Court then addresses Assistant Attorney General Monica Connell, who is appearing on behalf at least one of the defendants. “All right. Now, look, in situations like this there’s an orderly way to deal with the case which is fair to both sides. What I would like you to do is to consider what you believe should be done in response to this, and maybe you have already done so. But when there are many defendants, such as state court judges and so forth, there is no – nothing to be gained by having lot of people served, not that it’s a huge burden, but, you know, if the Marshals have to do it and so forth, why I don’t want to engage in that.”

The public record indicates that there are 11 defendants: The New York State Commission on Judicial Conduct, Raoul Felder, Hon. Fern Fisher Brandveen, Hon. Martin A. Shulman, Hon. Joan B. Carey, Hon. Carol R. Edmead, Hon. Eileen A. Rakower, Hon. Jeffrey K. Oing, Hon. Geoffrey D. Wright, Hon. Joan M. Kenney, and Sarah Jo Hamilton.

Ms. Connell advised the Court that she believed the case was baseless and frivolous, adding, “I know some of them [the defendants] have contacted me already to tell me that they have been served.” Her request to submit a letter motion was then denied by the Court, “No, don’t do a letter motion…it is not a lot of trouble to have a formal notice of motion and a brief memorandum.”

Various attorneys, and who have reviewed the publicly available complaint and exhibits, respectfully disagree that the action is without merit. A former federal prosecutor, who asked not to be named, believes that perhaps the matter does not belong in a federal civil court proceeding. “It is shockingly clear to me that certain state court judges violated the law. This belongs is federal court as a criminal case,” he says. “It’s public corruption.”

The underlying issue concerns attorney Capogrosso’s inability to perform her duties as an attorney shortly after the World Trade Center bombings. Since her law office was in the bombing frozen zone, she had no access to her computer or files. And at a court hearing just weeks after 9/11, a state court judge firmly opposed her request for an adjournment, even though then-governor Pataki, Chief Judge Kaye and then-Chief Administrative Judge Lippman had enacted emergency, and widely advertised, Orders dealing with, and staying, any limitations of time in court proceedings.

Not surprising is the fact that the underlying case was against an attorney for alleged wrongdoing. And that attorney, of course, is well connected to the First Department, Departmental Disciplinary Committee and the State Commission on Judicial Conduct.

More on this story soon…… And if you would like the court transcript or complaint emailed to you as a pdf file, let us know at corruptcourts@gmail.com. We’re living history. This is Tammany Hall II.

14 comments:

Courthouse observer said...

WOW - who's toes did Eleanor Capogrosso step on? I've been around too long, I know a CONTRACT when I see it! THIS IS A HOT CONTRACT! Something else is going on here. The question is WHAT and WHO? This Judge Griesa is dirty! This story should be on the front page of the NYLJ, NLJ & the NYTimes! So why isn't it??????????????

Anonymous said...

Something is really wrong here. Doesn't the New York State Assistant Attorney General Monica Connell have a duty as a lawyer and a state prosecutor to STOP covering up a crime just because a few phone calls were made by connected people? I guess whitewashing crimes by connected people comes first.

Louise Uccio said...

Whitewashing crimes by connected people? Say it ain't so!

I just finished sending the details of my case, which is an apparent politically connected [il]legal kidnapping of my children to those with power to act, lets see what happens.

Anonymous said...

The more that goes on...the better the 2005 -cv case is looking..thanks OCA for the non- answers, the stalling and the multiple delays...gathering useful inform is getting plentiful!

court clerk said...

Thanks for emailing the complaint to me. I'm shocked by what I read. Yes, the activity was criminal!!

When will otherwise honest judges realize that they THEMSELVES have a duty to report the improper acts of others, including dirty judges!!!!

Bat Out of Hell / Iviewit / Patentgate / Eliot Bernstein said...

Should the Anderson case which is related to several of these cases also be a criminal case as it exposes public office corruption? Where are the criminal investigators for all of these cases?

Anonymous said...

in response to the question
were are the officials to prevent this.
they are all at cashing in at our expense.

the fixer said...

Now Here This, Now Here This - THE FIX IS IN ON THIS CASE - This Federal Judge Tom Griesa is handling a contract. If this shmuck can make the statement on the record in a transcript "...I'm not going to authorize service upon all of these defendants." that's all that has to be known. Eleanor Capogrosso is going to be raped by the Federal Courts with the collusion of the State of New York - her law license is history!

Totally Disgusted said...

you can't make this stuff up! These dictators, Oh, I mean JUDGES have some balls (even it they have none) but we're the sheep that take their crap! This idiot Griesa should go away to the funny farm where he belongs!

unhappy said...

It's not necessary to call names. That said, this federal judge saying that a plaintiff can't serve the defendants, now matter who they are, is outrageous and, I believe, a violation of due process rights. Who's in charge in that federal court house in Manhattan?

stunned in scarsdale said...

Where the hell is the federal government in all of this. NY State has obviously been run by a bunch of horny thugs who have ignored the laws of the state for personal financial gain and sexual gratification. THESE ARE SERIOUS FEDERAL CRIMES.

florida casualty said...

if these gangsters can do this to an attorney who displeased someone, just thing of what they can do to anyone!!!!!! I speak from first hand experience, it happened to me in both State and Federal Courts. All the attorneys cared about was did they get paid!!!!!!!!! The gangsters are running the store!!!!!!!

free born citizen said...

to Federal Judge Thomas P. Griesa, "...I'm not going to authorize..." your pay check dirtbag! Seize this dirtbags money and take away his pension - he is voilating a citizens rights et al..................

Anonymous said...

to Louise Uccio -very interested in your story - been working on exposing serious "state sponsored" kidnapping upstate and would like to share info and collaborate - can you write to changecourtsnow@gmail.com?

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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:
         
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