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Tuesday, March 16, 2010

2nd Circuit on Carvel: Westchester Court Bribery Scheme Remanded

08-4576-cv Carvel v. New York State
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

SUMMARY ORDER
Rulings by summary order do not have precedential effect. Citation to a summary order filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate Procedure 32.1 and this court’s Local Rule 32.1.1. When citing a summary order in a document filed with this court, a party must cite either the Federal Appendix or an electronic database (with the notation “summary order”). A party citing a summary order must serve a copy of it on any party not represented by counsel. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 12 day of March, two thousand and ten.

PRESENT:
JOSÉ A. CABRANES,
BARRINGTON D. PARKER, Circuit Judges,
STEFAN R. UNDERHILL, District Judge;
The Honorable Stefan R. Underhill, of the
U.S. District Court for the District of Connecticut, sitting by designation.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
PAMELA CARVEL, Plaintiff-Appellant,
v. No. 08-4576-cv
NEW YORK STATE, Office of Court Administration of the
Unified Court System, THOMAS J. CAHILL, in his official and
individual capacity, SHERRY COHEN, in her official and
individual capacity, EVE MARKEWICH, individually and as a
partner of Blank Rome LLP, FRANK STRENG, individually and
as a partner of McCarthy Fingar LLP, JONE DOE, JANE DOE,
DOE CO. 1-20, GARY L. CASELLA, DEBORAH MCCARTHY,
WILLIAM GRIFFIN, individually and as co-owner
of Hudson Valley Bank, LAURA WERNER, individually and
in her official capacity, ANTHONY SCARPINO, individually and
in his official capacity and CHARLES SCOTT, individually and in
his official capacity, Defendants-Appellees.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
FOR APPELLANT: Pamela Carvel, pro se, London, England.
FOR APPELLEE: Andrew M. Cuomo, Attorney General of the State of New York, Barabara D. Underwood, Solicitor General, MichaelBelohlavek, Senior Counsel, and Patrick Walsh, Assistant Solicitor General, Office of the Attorney General of the State of New York, New York, New York.

Appeal from an August 8, 2008 judgment of the United States District Court for the Southern District of New York (Shira A. Scheindlin, Judge).

UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED IN PART and VACATED IN PART. The cause is REMANDED to the District Court.

Plaintiff-appellant Pamela Carvel (“plaintiff”), pro se, brings this action under 42 U.S.C. §§ 1981, 1983, and 1985, against several private attorneys, state disciplinary committee members, and a probate judge involved in the administration of the estate of Thomas and Agnes Carvel. Plaintiff alleges that defendants conspired to defraud the estate of hundreds of millions of dollars and conceal those offenses from the public. Plaintiff further claims that defendants engaged in a conspiracy to deprive her of her rights to due process, equal protection, and free speech, as well as her right to petition the government for redress of grievances. She also asserts various state law claims. The District Court, acting sua sponte, dismissed plaintiff’s complaint for lack of jurisdiction and for failure to state a claim upon which relief can be granted. Plaintiff now appeals from that dismissal. We assume the parties’ familiarity with the underlying facts, the procedural history of this action, and issues raised on appeal. We review a district court’s dismissal of a complaint de novo. See Shakur v. Selsky, 391 F.3d 106, 112 (2d Cir. 2004). Undertaking that review, we affirm most aspects of the District Court’s dismissal of plaintiff’s complaint in this action but vacate and remand one aspect of that dismissal.First, we agree with the District Court that the Eleventh Amendment bars plaintiff’s claims against the State of New York and the Office of Court Administration of the Unified Court System. See Gollomp v. Spitzer, 568 F.3d 355, 368 (2d Cir. 2009) (holding that New York State Unified Court System is “unquestionably an arm of the State” and entitled to Eleventh Amendment sovereign immunity (internal quotation marks omitted)). Second, any claim for damages against Anthony Scarpino, a New York State Supreme Court Justice, is barred by the doctrine of absolute judicial immunity. See Huminski v. Corsones, 396 F.3d 53, 75 (2d Cir. 2005). Third, plaintiff lacks standing to bring any claim against the attorneys of the disciplinary departmental committee who declined to prosecute ethics complaints against plaintiff’s former attorneys. See In re Phillips, 510 F.2d 126, 126 (2d Cir. 1975) (holding that private citizens lack standing to participate in attorney disciplinary proceedings). Finally, however, we cannot affirm the District Court’s dismissal of plaintiff’s conspiracy allegations under § 1983. Plaintiff alleges a “strong appearance of bribery” surrounding $400,000 in loans given to Justice Scarpino. App. 26 (Compl. ¶¶ 69-70). Although Justice Scarpino enjoys the benefit of absolute judicial immunity from that claim, the other defendants involved in the alleged “bribery” scheme do not. See Dennis v. Sparks, 449 U.S. 24, 28-29 (1980). Because the District Court did not explicitly address this claim before dismissing it sua sponte, we lack a basis on which to affirm its dismissal. We therefore vacate the dismissal with respect to the “bribery” claim and remand for the District Court to address the claim in the first instance. We have considered plaintiff’s remaining arguments on appeal and have determined that they
are meritless.
CONCLUSION

For the foregoing reasons, the August 8, 2008 judgment of the District Court is AFFIRMED IN PART and VACATED IN PART. The cause is remanded to the District Court for proceedings consistent with this Order.

FOR THE COURT, Catherine O’Hagan Wolfe, Clerk of Court

29 comments:

Me said...

Hmmm, let me see. If I were a corrupt surrogate judge in westchester county, I'd be sweating right now. But that's me.

Anonymous said...

Where are the Feds? Is it because Scarpino was a former FBI agent that they will not go near him?

Anonymous said...

Third, plaintiff lacks standing to bring any claim against the attorneys of the disciplinary departmental committee who declined to prosecute ethics complaints against plaintiff’s former attorneys.

Please shut down our DDC's, they are useless, used only for certain targets.......

Anonymous said...

were is John Sampson?
oh yeah, cashing that fat check he got from the lobbying firm.

scarpino victim said...

Are Frank Streng, Rob (aka the hammer) Dibella, John (aka "where's the envelope") Kelly and Charlie (aka "let me make a call") Scott still Tony Baloney (aka the mob judge) Scarpino's bagmen. How're you fellas sleeping at night, these days? Yup, boys, the feds will be a knockin' at your door very soon. LOL...LOL...LOL...

Anonymous said...

Hmmm...Judge Shira Scheindlin belongs behind bars..or someone who may have acted on her behalf? lol....Who the HELL dismissed her complaint in the FIRST PLACE? They need to Remand all the cases that were marked related to Christine Anderson..send them back to JUDGE SHIRA SCHEINDLIN...then you will see someone crapping in their pants!!!!

Anonymous said...

Another one that should be soiling her granny pants is Bernadette E. Lupinetti, Esq. Let me see is it true Lupinetti that as a law guardian you have not only mentally, emotionally but physically abuse children? I heard some of your techniques have been to pin children down on the floor until you force them to say what you want in the incamera interviews in the judges chambers, other tricks I hear is to scream at them, threating with hurting their mother and withold water and food for hours. Is this true Lupinetti? Another think my sources are investigating very disturbing information that an attorney by the name of Bernadette Lupinetti, Esq. happens to be the registered attorney for an adult sex website. I'll find out soon if this is true and if it is you. You are a true criminal, nazi applying terrorist tactics to abuse children and their families. You belong in jail and your husband also should be investigated due to his connections to Andrew Cuomo's Office. Cuomo stop protecting attorneys like Bernadette E. Lupinetti and judges using the court for the trafficking of minors for sexual performances.

Anonymous said...

Is anyone arguing recent federal court decision from Pa "kids for cash" scandal where Fed Judge held that State Judges could be sued for Non Judicial acts and administrative acts?

anyone arguing exceptions to 11th amendment? Not a Judicial act to Knowingly violate Constitution or commit crimes.

should be interesting

from hudson valley region

ex and angry said...

Scarpino has pissed off a lot of current and former members of law enforcement. He's been too greedy in flagrantly breaking the law. He'll have plenty of time to think about it when he arrives a Club Fed.

Anonymous said...

Is Frank Nicolai still getting his envelopes?

T Finnan said...

Scheindlin dismissed the claims sua sponte(on her own without a request nor upon filed papers) from Cuomo or the other defendants to protect these defendants from defending embarrassing claims. The 2nd Circuit appears unaware that the 14th Amendment supersedes the 11th Amendment. This is just a temporary cover for the 2nd Circuit in case the exhumation of Tom Carvel pushes the light onto them.
It's election time and Cuomo needs to excuse his defense of judicial immunity and the criminal acts at the Attorney Discipline Committees and why he hasn't convened a grand jury, indicted and prosecuted Scarpino under
NY Penal § 195.00 Official misconduct
§ 200.11 Bribe receiving in the second degree.
A public servant is guilty of bribe receiving in the second degree when he solicits, accepts or agrees to accept any benefit valued in excess of ten thousand dollars from another person upon an agreement or understanding that his vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
Bribe receiving in the second degree is a class C felony.
and
THERE IS NO JUDICIAL IMMUNITY from INDICTMENT in New York, as per NY Constitution, Bill of Rights § 6
"The power of grand juries to inquire into the wilful misconduct in office of public officers, and to find indictments or to direct the filing of informations in connection with such inquiries, shall never be suspended or impaired by law."
Is Scarpino in the Columbian Lawyers?

Anonymous said...

the Judicial Immunity referred to above is Immunity from CIVIL Liability and does not protect from Criminal Liability should a criminal prosecution ever come of folks in the Justice system like Tom Spargo up in Albany.

the problem with the Second Circuit decisions and District Court Scheindlin's decisions in the "related" cases, or at least one of the major problems, is that the Courts have granted Absolute Blanket Judicial Immunity Way too premature and way before adequate discovery of all relevant facts and the like.

Is District Judge Scheindlin and the Second Circuit Judges REALLY Going to Say that it IS a Judicial Act to Receive a Bribe which is a Crime?? That would be way funny in some ways as maybe these folks have been too comfortable for too long to actually Believe that Bribe Receiving ( if proven ) is WITHIN a Judges NORMAL Functions and Duties??

Historically one of the fundamental problems seems that the Federal Judicial brethren ( brothers and sisters in the Judiciary ) of the State judges just routinely grant the state judges judicial immunity way too premature in proceedings usually KNOWING the Judges are so protected the proceedings will never get to the point where the criminal liability is proven or perhaps making the proceedings so it never gets proven.

from hudson valley region

T Finnan said...

In regard civil immunity,etc. Even with civil immunity for judges, Scheindlin and the 2nd Circuit can use declarative judgments and other actions to carry out their Constitution duty i.e., enforce the 14th Amendment to insure due process, equal protection (the Bill of Rights), as codified in Federal 1983 Law which Congress enacted to enforce the 14th Amendment against State's denial of due process and enforce the Bill of Rights on the States.
Cuomo knows of Scarpino's and the Grievance Committee's lawyers corruption and has the power to indict and prosecute. Cuomo needs tell the voters why he didn't.

Anonymous said...

State and Federal judges...esp in the very tight legal and judicial square in upstate.... where these courts are all located within... enumerating 6 federal and state courts within 250 feet of each other, gathered around a circle...they call Niagara "Square'....come from the same legal and political pool...and are so conflicted when it comes to lawsuits relative to the state court...that injustice...is mandatory.

The problem is that most lawyers will never question the "conflicts' THAT EXIST BLATANTLY with all federal court judges who routinely rule against pltfs in any and all provable cases against the state court (OCA) as deft...out of sheer fear of the potent governmental retaliation...that is swung viciously against anyone heroic enough to make public ..... the judicial inner syndicate that rivals that of the criminals they....JUDGE!

The truth is coming out about their operation...and it won't be long before cases involving the NY state courts...will be mandated to courts outside of NY, at state expense...due to massive,improper and illegal conflicts that exist in federal court, which are exploiting pltfs and unconstitutionally trashing the rights of innocent pltfs.....creating irreparable harm and ruination of entire families.

IS THIS WHAT AMERICA WAS FOUNDED TO BECOME...IF SO WHY WERE WE TOLD THESE CHILDHOOD LIES , THAT NY STATE WAS THE "EMPIRE" STATE AND THE US WAS THE GREATEST NATION IN THE WORLD?!
MAYBE THEY TOLD THE ROMANS THE SAME THING...AS HISTORY IS ONE BIG CIRCLE...IN A SQUARE!

Anonymous said...

to 7:13;

The 2nd circuit doesn't seem to know that the 14th amendment exists.

They use the 11th for everything.

Although the Civil Rights laws are supposed to apply to everyone, the federal courts have given immunity to certain individuals for official acts.

However, not every official act is entitled to immunity.

Be very clear.

If anyone is going to federal, you're case will most likely be thrown out then they'll tell you that you are filing meritless claims, and they'll invoke their can't file again rule.

Has anyone ever heard of legal "sleight of hand"?

If you have had a decision from any court in nys, you probably know what it is, and so does the US Supreme Court.

Just saying.

Jail4Judges said...

When I see Anthony Scarpino convicted and in cuffs then I will believe! This guy is like a greased PIG!

Eliot Ivan Bernstein said...

Draft of my Upcoming -
EMERGENCY MOTION TO KISS MY ASS AND CRIMINAL COMPLAINT AGAINST JUSTICES AND OFFICERS OF THIS COURT

HALT PROCEEDING PENDING CONFLICT RESOLUTION AND OVERSIGHT. REMOVE THE APPEARANCE OF IMPROPRIETY IN THIS COURT THROUGH CESSATION OF VIOLATIONS OF JUDICIAL CANNONS, ATTORNEY CONDUCT CODES, PUBLIC OFFICE RULES AND REGULATIONS AND LAW.
RESTORE ORDER TO THIS COURT!

ELIOT IVAN BERNSTEIN, PRO SE
INTRODUCTION – THE JIGGY IS UP, FRAUD ON COURT BY COURT OFFICIALS EXPOSED BY WHISTLEBLOWER
In response to this Court’s ILLEGAL DISMISSAL of my Appeal on January 05, 2010, herein referred to as “Illegally Tendered Order of Dismissal” , I want to first thank the Court for providing further evidence of certain members of this Court’s CONTINUED CRIMINAL MISCONDUCT. The Illegally Tendered Order of Dismissal provides additional Prima Fascia Evidence for the CRIMINAL COMPLAINTS and REQUEST FOR OVERSIGHT OF THE COURT filed against each Court Official who has put their fingerprints on these matters by issuing any orders or any other action constituting involvement in the lawsuit. The actions of members of this Court are in flagrant violation of Attorney Conduct Codes, Judicial Cannons, Public Office Rules & Regulations, State and Felony Federal Laws and this Court’s own Rules and Regulations. The crimes further constitute continued Fraud on the Court committed by members of this Court, and as such, all Orders of this Court illegally tendered will be stricken when Due Process and Procedure is restored, free of the sewer of Conflicts of Interest and Improprieties infesting the New York courts as further defined herein.
Due to the number of high-ranking officials in New York alleged herein to have participated in these crimes and the many state and federal prosecutorial offices and courts now fingered by a New York Supreme Court Whistleblower, it now appears the matters must be moved outside of the state of New York and this Court’s illegal actions federally. The Jiggy is Up, Your robes down, your cover blown by an insider, this Court must now be recused from involvement and subjected to investigation. This Court’s further attempts to dismiss the legally “related” cases against members of the legal fraternity of crime in New York, prior to resolution of the legally “related” cases to the Whistleblower, in efforts to deny the legally related cases rights to due process and procedure, including discovery, in efforts to bury the legally “related” cases must now must be investigated by non-conflicted third party investigators and this Court’s actions thus far, investigated for felony crime and submitted for review to your oversights.
RESPONSE TO ILLEGALLY TENDERED ORDER OF DISMISSAL
Allow me to retort as to your Illegally Tendered Order of Dismissal and respond in kind with the attached criminal complaints against the members of this Court herein attached as Exhibit 1. Again, let me remind the Court that I already have made a Citizen’s Arrest of certain members of the Court, including but not limited to, Dishonorable Judge Ralph Winters and Defendant in my RICO and ANTITRUST Lawsuit, Clerk of this Court, Catherine O’Hagan Wolfe. Wolfe, a central witness in my lawsuit and also a Defendant and formerly Clerk of the Court for Defendant the New York Supreme Court Appellate Division First Department. Let this EMERGENCY MOTION also serve as notice of additional Citizen’s Arrest against the three new signing Justice’s, Richard C. Wesley, Peter W. Hall and Debra Ann Livingston at the Second Circuit.

Anonymous said...

I would like to know what is Paterson and Cuomo doing in regard of this information been expose here of children been sold in to child porn and pandering among other financial transactions through the courts. Why is it that our taxes are funding child porn and child prostitution? As a tax payer and parent I need answers. This is not an Asian country where children are been sold this is the United States of America why are the courts been used to sell our American Children to sexual predators, to abuse our children. A child needs a Mother and a Father the Courts have no right to eliminated one parent unless that parent is unfit and well documented. People of the State of New York it is time to get up and take our courts back. I am truly disturbed to read that a law guardian connected to Andrew Cuomo's office is engaging in such barbaric and criminal acts against children and families. I demand an investigation from the Office of the Attorney General pertaining to this Lupinetti been mentioned here on various posting. We may have another Garson's case in Orange County and this deserves inmmediate attention by the Office of Paterson, the Attorney General, the Justice Department, FBI and ICE. I will be fowarding all the comments to various organizations dealing the sexual abuse of children to demand an immediate investigation in to these allegations against Lupinetti.

Eliot Ivan Bernstein said...

cont'd
The Dismissal Order cleverly tries to bury the Motion to Compel without first ruling upon it in toto, which of course, could not be ruled on without addressing the multiple Conflicts of Interest and Criminal Misconduct already alleged against this Court, so bury the Motion to Compel was the only option. Again, any Orders issued prior to resolution of the Absolute Conflicts of Interest and other Criminal Activities within the Court, serves only to further additional Criminal Complaints against those so issuing or aiding and abetting the issuance of further Orders.
As for your Dismissal Order further attempting to Dismiss the Appeal on the grounds that counsel was requested shows just how desperate this Court is to find a way to conceal the Conflicts of Interest, Violations of Judicial Cannons, Violations of Attorney Conduct Codes and Violations of State and Federal Law already violated by burying the lawsuit, claiming;
Appellant Bernstein, pro se, moves to compel the appointment of counsel and for extensive relief. Upon due consideration, it is hereby ORDERED that the motion is DENIED to the extent it seeks to compel the appointment of counsel and the appeal is DISMISSED because it lacks an arguable basis in law or fact. See 28 U.S.C. § 1915(e); see also Neitzke v. Williams, 490 U.S. 319, 325 (1989); see also Pillay v. INS, 45 F.3d 14,17 (2d Cir. 1995) (this Court has "inherent authority, wholly aside from any statutory warrant, to dismiss an appeal or petition for review as frivolous when the appeal or petition presents no arguably meritorious issue for our consideration.
What strikes me first is this Court’s continued handling of the Appeal despite a plethora of Conflicts of Interest, Violations of Public Office Rules & Regulations, Violations of Judicial Cannons and State and Federal Laws by court officials and attorneys involved directly in the case as Defendants and acting illegally as their own or others counsel. Most interesting is that in the first instance, you attempt to dismiss the the Motion to Compel because counsel was requested and yet fail to deal with the multitude of other issues, including the Criminal Misconduct of members of this Court. Let me remind you that this Federal RICO and ANTITRUST lawsuit was filed to complement the efforts of a Whistleblower, Christine C. Anderson’s, heroic efforts to expose systemic corruption in the New York Supreme Court Appellate Division First Department. As I come in support of Anderson’s effort to help take a bite out of the crime plaguing New York and its dirty courts, the courts should pay for my counsel to clean house on the corruption that obviously extends to this Court (with a lawyer and court in Ohio perhaps) for is it my job, as an individual, to pay for corruption suits in New York.
My rights to counsel denied through extortionary tactics as Anderson illustrates the methods used to silence those exposing the corruptions and standing up to the corruption are in fear of their lives, as evidenced by both Anderson and Nicole Corrado. Corrado had death threats levied against her, a New York State Supreme Court First Department ATTORNEY, as she went to give deposition testimony in Anderson. Thus honest lawyers and lawyers inside the courts fear for their lives and their livelihoods, afraid to spit in your rotten faces, yet I can see no better instance to provide counsel and protection for that counsel. In fact, it can be argued that the denial of due process through this quasi extortion of lawyers to be silent or else, is further evidence of Criminal Obstruction of these Federal proceedings. We shall now allow the Criminal Authorities and your oversights to have a say about your heavy-handed attempts to deny due process to your victims through this racketeering type behavior inside the halls of justice.

Bat Out of Hell said...

cont'd
Let me be clear, straight up, in your face, so to speak, if you think you are going to aid and abet the Criminal Enterprise comprised of Law Firms and Lawyers to steal my Intellectual Properties, commit Fraud on the United States Patent Office and Foreign Nations, commit Fraud on a United States Court and use brute force denial of due process through Criminal Obstruction and more to achieve blocking my rights, you are seriously mistaken. Your actions to block my rights to my Intellectual Properties has now added you to the long list of dirty rotten lawyers, judges and public officials masquerading as justice officials that are Defendants in my Federal RICO and ANTITRUST lawsuit, marked legally “RELATED” to the WHISTLEBLOWER case of Anderson. Therefore take this Motion to Kiss My Ass as FORMAL NOTICE THAT YOU WILL BE ADDED AS A DEFENDANT in my ongoing litigation and all future litigations and due to the Intellectual Property matters at stake, you may find this similar to a bad marriage you cannot escape from for the next twenty years or more.
No respect have I for a Court embroiled in illegal activities, that allows continued illegal activities to exist as the standard operating decorum in these infested New York state courts, the Federal District Court Southern District of New York and now this Court whereby if this Court cannot follow its own rules, or allow oversight to determine if the Court can continue in violation of law than I can no longer abide by your frivolous and illegal orders, other than to use them as evidence of your crimes for criminal authorities.
WHAT IS AND WHAT IS NOT FRIVOLOUS IN THE CASE BEFORE THIS COURT
“Fraud upon the court" has been defined by the 7th Circuit Court of Appeals to "embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication." Kenner v. C.I.R., 387 F.3d 689 (1968); 7 Moore's Federal Practice, 2d ed., p. 512, _ 60.23. The 7th Circuit further stated "a decision produced by fraud upon the court is not in essence a decision at all, and never becomes final."
WHAT IS NOT FRIVOLOUS
1. This case is legally “RELATED” to an ONGOING Whistleblower case, as defined by Federal Judge Shira Scheindlin. A Whistleblower who has fingered the offices of the New York Supreme Court Appellate Division First Department, the New York Supreme Court Appellate Division First Department – Departmental Disciplinary Committee, the United States Attorney New York Offices, the New York District Attorney Offices, the New York Assistant District Attorney and the New York Attorney General’s Office. Funny enough, some of the exact same agencies my complaints complain of similar ILLEGAL OBSTRUCTION OF JUSTICE by the agencies.

Mad Inventor said...

contd
2. In fact, Anderson and this case share similar defendants, including a member of this Court, in fact the Clerk of this Court and the Chief Counsel of the First Dept DDC accused of almost identical crimes. In fact, Anderson blew the whistle much after my formal complaints against the agencies and in fact confirmed many of my claims. Claims that Conflicts of Interest existed, now proven not only to exist but now confirmed Conflicts of Interest from insider information from a Whistleblower.
3. Very real and non-frivolous allegations from the Whistleblower, including but not limited to, claims of Conflicts of Interest and Obstruction of Justice through Criminal Activities for Favored Lawyers and Law Firms, US Attorneys, DA’s, ADA’s and Ethics Department Officials. Again, very real, non-frivolous Conflicts of Interest and Violations of Public Office.
4. Those very and real and non-frivolous allegations by the Whistleblower similar and identical in some regards to my very real and non-frivolous claims of Conflict of Interest and Public Office Violations that were ordered by Five Justices of the First Department for investigation for Conflicts and the Appearance of Impropriety.
5. Whereby those very real and non-frivolous Orders for Investigation, Unpublished Orders, have never been fulfilled or ruled upon by the First Department, for several years, concealed and buried away, in order to cover up major Conflicts of Interest discovered and confirmed against Senior members of the courts and the disciplinary agencies.
6. Very real and non-frivolous Conflicts of Interest in both Anderson and my own Lawsuit exist with the New York Attorney General acting in Violation of Law through twisted representation of the accused Public Officials he should be investigating. Whereby very real and non-frivolous Rules and Regulations, Attorney Conduct Codes and Law, including but not limited to, Public Office Rule 17 precludes this Conflicted Representation with his Public Offices duties.
7. Very real and non-frivolous Conflicts of Interest in this case on Appeal before this Court, deemed “SUBSTANTIVE” by Federal Judge Shira Scheindlin, again very real and all very factual Conflicts of Interest, no frivolity here.
8. Officials of This Court refusal to Halt Proceedings to Ferret Out Continued Conflicts of Interest and attempt to bury the cases related to the Whistleblower while denying due process rights to the related cases through premature dismissal in Orders tendered in Conflicts of Interest, Violations of Judicial Cannons, Violations of Attorney Conduct Codes and Law.
9. Nicole Corrado Threats to a Federal Witness by Public Officials
10. Patent Suspensions and Investigations
11. New York Senate Judiciary Committee Hearings whereby investigations by the Committee have led to formation of Task Force according to Chairman, Hon. Senator John L. Sampson
12. House and Senate Judiciary Committee Investigations
13. Other Related cases all with similar claims and all matching Anderson’s general allegations.
14. Car Bomb
15. Officials of This Court refusal to stop ILLEGAL representations of Iviewit Shareholders and Companies by P. Stephen Lamont and in fact ruling ILLEGALLY on those filings, also to be used as additional evidence to State and Federal Authorities

It's Coming Around aka Mad Inventor aka Eliot Bernstein aka Bat Out of Hell aka Iviewit said...

WHAT IS FRIVOLOUS
1. This Court and the US District Court’s Orders are all Frivolous. The Dismissal Order dated blah is frivolous and criminal, as is Scheindlin’s Dismissal Order dated August 08, 2008. Both tendered through violations of Judicial Cannons, Attorney Conduct Codes, Public Office Rules and Regulations and Law, serving only as further attempts to deny due process to my valid claims and further aid and abet those “favored lawyers and law firms” Anderson claims exist in concealing the crimes. All the while avoiding and attempting to CONCEAL material facts in the case before you, perhaps because Court Officials are steeped in the allegations and have very real conflict issues and other violations of law constituting FRAUD ON THIS COURT, by members of this Court, merely criminals in robes. Everything this Court transacts in these matters while failing to follow its own rules and law, to say the least is truly frivolous and at minimum Federal Felonies. As Criminal Authorities and Your Oversights are being formally petitioned to intercede in these in matters and determine if your illegal actions constitute grounds for criminal indictments and prosecution, I wish to halt the proceedings, again pending final resolution of the complaints levied already against this Court, see
SEC, FBI and Others Complaint
@
http://iviewit.tv/wordpress/?p=274
16. and for a signed color copy for your records, please print and incorporate in entirety by reference herein, the following URL http://iviewit.tv/CompanyDocs/20100206%20FINAL%20SEC%20FBI%20and%20more%20COMPLAINT%20Against%20Warner%20Bros%20Time%20Warner%20AOL176238nscolorlow.pdf .
17. What is not Frivolous is that the Whistleblower case has not been completed and therefore how can this Court rush to Justice on a related case and attempt to Dismiss the case prior to completion of the related case?

THIS COURT CAN THEREFORE TAKE THIS MOTION TO KISS MY ASS AND MORE AND SHOVE IT UP YOURS.
Eliot I. Bernstein
Inventor
Iviewit Holdings, Inc. – DL
Iviewit Holdings, Inc. – DL
Iviewit Holdings, Inc. – FL
Iviewit Technologies, Inc. – DL
Uview.com, Inc. – DL
Iviewit.com, Inc. – FL
Iviewit.com, Inc. – DL
I.C., Inc. – FL
Iviewit.com LLC – DL
Iviewit LLC – DL
Iviewit Corporation – FL
Iviewit, Inc. – FL
Iviewit, Inc. – DL
Iviewit Corporation
2753 N.W. 34th St.
Boca Raton, Florida 33434-3459
(561) 245.8588 (o)
(561) 886.7628 (c)
(561) 245-8644 (f)
iviewit@iviewit.tv
www.iviewit.tv
http://iviewit.tv/wordpress
http://iviewit.tv/wordpresseliot

Other Websites I like:
http://www.deniedpatent.com
http://exposecorruptcourts.blogspot.com
http://www.judgewatch.org/index.html
Http://www.enddiscriminationnow.com
Http://www.corruptcourts.org
Http://www.changecourtsnow.com
http://www.makeourofficialsaccountable.com
www.parentadvocates.org
www.newyorkcourtcorruption.blogspot.com

Scapino Victem said...

Tony Scarpino is a bum from a long line of bums in Mt Vernon. Whenever someone went up against him his friends in one of the families would appear, Tony always liked that and he felt big. How the FBI ever let him stay for four years is a marvel. Everbody in Mt Vernon knew he was connected. He has always been untouchable, could be they may have him now? He has no use for his wife and has girls on the side.

History said...

As a County Judge Anthony Scarpino was known as one of Al Pirro's Puppets. Whose Puppet is he now with Al Pirro being a Federal Felon.

Anonymous said...

This is business as usual in Westchester Co. Could this be a sea change? The mere fact that Federal Judges pick this corruption is interesting. Somebody knows that Tony Scarpino is dirty and may want to do something about it. This will reveal the people behind Scarpino including his mob ties.

WP Attorney said...

In Judge Scarpino's court he constantly manipulates the process. And when you see the result he is really good at it and that's what is troubling. It's about time that he gets his wings clipped.

Anonymous said...

I wish everyone would read the "Summary Order" - it states in part that "Plaintiff alleges a 'strong appearance of bribery' surrounding $400,000 in loans given to Justice Scarpino." - "Although Justice Scarpino enjoys the benefit of absolute judicial immunity from that claim, the other defendants involved in the alleged 'bribery' scheme do not."
So the Federal Court of Appeals (2nd Circuit) has effectively given immunity to a criminal, oh sorry a Judge! Judges cover for each other! Is it any wonder that the corruption level is where it's at? These Judges know that they can get away with murder so they do what they want and tell everyone to go screw themselves. I have read about the Feds are coming - well where are the Feds? I have a news bulletin for one and all - the Feds just gave Scarpino a free pass and effectively told everyone to drop dead! The Feds are not going to do anything to help anyone except themselves! Get it suckers!?

Anonymous said...

They have jobs and that's the long and short of it. The Feds in NY don't rock the boat, they go with the corrupt flow of garbage. No one will touch Anthony Scarpino he has a 'God Father' - say no more

Jail4Judges said...

Judges are the law, so they can commit crimes and other Judges say they can't be touched - how sweet it is for them - the gangsters are in charge, the whole system is rigged! Don't we live in a great country? And the folks that should be the oversight don't care! So where do we go???

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