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Friday, April 6, 2012

Judge Karen Peters to Lead Third Department Appellate Division

Peters to Lead Third Department
The New York Law Journal by John Caher  -  April 6, 2012

With a "have gavel will travel" motto, the late Appellate Division, Third Department, Presiding Justice Anthony Cardona brought his court to the people, holding sessions in all 28 counties of the sprawling upstate district.  Justice Cardona's successor, Karen Peters, said she intends to "bring the people to the court."  "My goal is to take that to the next step and bring the people to the court and ensure that the administration and the judiciary and the staff at the Appellate Division reflect the diversity of the community it serves, and that everyone believes when they walk in the door that they have been treated fairly," Peters said in an interview, shortly after her appointment as presiding justice was announced by Governor Andrew Cuomo.  Peters, 64, made history April 5 by becoming the first woman to lead the court since it was established 118 years ago. In 1992, she became the first woman elected to Supreme Court in the Third Department.  Before then Peters had served as an Ulster County Family Court judge, counsel to the state Division of Alcoholism and Alcohol Abuse and an assistant district attorney in Dutchess County. She began her career practicing criminal and family law with the firm of Peters and Weiner.  A graduate of George Washington University and New York University School of Law, Peters was appointed to the Third Department in 1994 by the governor's father, Mario Cuomo.  "Throughout her career Justice Peters has displayed incredible judgment and integrity through her public service to New York State," Andrew Cuomo said in a statement. "I have no doubt that she will continue to provide justice to New Yorkers with great distinction."  The appointment of Peters, a Democrat, to the $172,800 a year position, was praised by former Chief Judge Judith Kaye and Representative Maurice Hinchey, D-Saugerties, in a press release issued by the governor's office.  "I am thrilled beyond words at the news of the appointment of Karen Peters," Kaye, now of Skadden, Arps, Slate, Meagher & Flom, said. "These are, of course, enormous shoes to fill, but Justice Peters is an outstanding jurist who has earned the esteem of the legal community and will be a terrific leader in all respects."  Vincent Doyle III of Connors & Vilardo in Buffalo, president of the New York State Bar Association, said Peters "has been a model of intellect, fairness and wisdom since she first joined the state bench two decades ago."  Justice Thomas Mercure had served as acting presiding justice since early 2011, when Justice Cardona was diagnosed with cancer. Cardona died in December. Mercure, a Republican, had applied for the appointment, as had Democratic justices Leslie E. Stein and John Egan Jr.  Peters said she was immediately congratulated by her colleagues and foresees no friction among the judges who applied for the post.  "We have all worked very hard together over the years and our court is a very congenial court," she said. "I don't see any friction at all."  The Third Department remains one judge short since the Cardona position has yet to be filled. But the Third Department is the least short-handed of the four appellate departments, with only one vacancy on the 12-judge court.  The First Department is down three of its 20 judges. There are three vacancies in the 22-judge Second Department, which has been operating with an acting presiding justice, William Master, since A. Gail Prudenti left to become chief administrative judge in December. But the Fourth Department in Rochester is the most strapped, with 25 percent of its judgeships, three of 12, vacant.  Fourth Department Presiding Justice Henry Scudder said that with the three vacancies and the absence of another judge recently for personal reasons, the court had to assign four-judge panels for some appeals. "We would be very appreciative to get an appointment," Scudder said. Peters said she is eager to get her court up to full staff as well. "Hopefully, my conversation with the governor's office about filling that will take place soon," Peters said. "We work very hard. We manage a massive caseload and without Judge Cardona we have continued to keep up the cases and get the work done."  Peters will be able to serve as presiding justice through 2017, the year she reaches the mandatory retirement age of 70.  John Caher can be reached at jcaher@alm.com.

20 comments:

Anonymous said...

OK, Judge Peters. Please be different. Please bring some very needed respect back to the New York courts.

Anonymous said...

Praised by Judith Kaye means you can be assured corruption will flourish.

Anonymous said...

Multiple sources including this Blog, Frank Brady, Kevin McKeown, related case members and Most Importantly, the Third Department itself have been provided with the EVIDENCE ( Actual Phone and Fax Records ) to PROVE that this Third Department Appellate Division participated in by Judge Karen Peters was Fraud On the Court and By the Court by Falsely Claiming that the Litigant to Did Not Appear before Judge Maney and Falsely Claiming Abandonment by the Father at issue.

http://decisions.courts.state.ny.us/ad3/decisions/2009/504867.pdf

This Case alone should be enough to remove Judge Peters or any similarly situated Judge from the Bench, much less elevate to become Presiding Justice.

Judge Peter was sitting on the State Commission on Judicial Conduct that Whitewashed WITHOUT EVEN SINGLE Phone Call Investigation related underlying complaints from this case.

Substantial information on this case was provided to Kingston FBI Agent Margaret Carmichael as well as the Albany FBI directly at the Albany FBI Office.

When are the DC Integrity folks stepping up?

Where is the Federal Monitor over the NYS Unified Courts?

Where is the Special Prosecutor?

Seems as those the Albany Times Union wants to delete and moderate ( remove ) comments about actions seeking integrity?

Anonymous said...

Screen shots from this blog and Times Union preserved to combat Integrity comment moderation ( removal ).

Anonymous said...

Looks like Kevin Hall is at it again. Kevin Hall, who was suspended from the practice of law for having sex with a client, among other things, was ultimately disbarred. While it's hard to understand disbarred attorney Hall's ramblings, what the hell has Kevin Hall done in the effort to address the corruption. The answer is: Kevin Hall continues to show he's unbalanced- he asks many questions, but provides no solutions or answers. Kevin Hall simply continues to attack people. He should just start his own website or blog. I, for one, appreciate this blog for what it is- another source providing information so people can see how bad the corruption in the courts really is.

Anonymous said...

nycourts.gov says Kevin Richard Hall is DISBARRED
Registration Number: 2528875
KEVIN RICHARD HALL
United States
Year Admitted in NY: 1993
Appellate Division Department of Admission: 3
Law School: ALBANY LAW SCHOOL UNION U
Registration Status: Disbarred
Next Registration:

Anonymous said...

PUBLIC RECORDS SHOW KEVIN HALL……Respondent was admitted to practice by this Court in 1993. He maintains an office for the practice of law in the Town of Kinderhook, Columbia County. We grant petitioner's motion to confirm a Referee's report which found respondent guilty of professional misconduct in violation of the attorney disciplinary rules (see 22 NYCRR part 1200). During the course of representing his client in custody, visitation and divorce proceedings in Columbia County Family Court and then in Supreme Court, respondent left vulgar voice mail messages on the answering machine of the Law Guardian representing his client's children (see 22 NYCRR 1200.3 [a] [5],[7]; 1200.33), communicated with his client's spouse directly by telephone despite being advised by the spouse's attorney that all communications should be directed to that attorney (see 22 NYCRR 1200.35 [a]), and entered into a sexual relationship with his client during the course of his representation of her, failing to discontinue employment after his professional judgment was affected by his own personal interest (see 22 NYCRR 1200.20 [a]; 1200.29-a [b] [3]).
Respondent's professional misconduct is aggravated by his disciplinary record. By decision dated June 6, 2003, this Court found respondent guilty of professional misconduct and imposed a suspension from practice for a period of one year and until further order of this Court (Matter of Hall, 306 AD2d 619 [2003]). However, the suspension was stayed on various conditions, including that respondent comply with the statutes and rules regulating attorney conduct and that he not be the subject of any further disciplinary action. In view of the instant petition dated December 10, 2003, which charges misconduct postdating our June 2003 decision, we grant petitioner's cross motion to vacate the stay of respondent's suspension, effective in 20 days. Further, in view of the serious nature of the instant charges and respondent's disciplinary record, we suspend respondent from the practice of law for a period of three years, also effective in 20 days. Finally, we deny respondent's motions for extensions of time to comply with the conditions and terms of our June 2003 decision. We have, however, accepted for filing and considered his late papers in support of his motion to disaffirm the Referee's report.

Anonymous said...

Thank you for posting that Information about the Disbarment.

This is Kevin Hall. It actually helps the process.

You can post it one hundred times a day if you like.

In the end the manipulation and the truth will prevail.

Kevin Mc Keown and the Blog owners are just upset that people have becoming Wise to the False Representations and Manipulations that have been going on.

It is now called Track and Confirm.

Track and confirm the further frauds and mispresentations via folks acting through this blog.

Oh, by the way, if you think you have a valid order, why not come on over, have coffee and do something about it?

Kevin R. Hall

Anonymous said...

MY FAVORITE:

Mark S. Ochs, Committee on Professional Standards, Albany (Steven D. Zayas of counsel), for petitioner.
Kevin R. Hall, Kinderhook, respondent pro se.
__________
Per Curiam.
Respondent was admitted to practice by this Court in 1993. He maintained an office for the practice of law in the Town of Kinderhook, Columbia County. He is currently suspended from practice (Matter of Hall, 10 AD3d 842 [2004], lv denied 4 NY3d 702 [2004]). Petitioner moves to confirm a Referee's report issued after a hearing which sustained the allegations set forth in the petition of charges. Respondent has submitted an affidavit to confirm in part and disaffirm in part the Referee's report and in support of his reinstatement to practice. Respondent is guilty of serious professional misconduct. As charged in the petition, he engaged in the unauthorized practice of law in contravention of this Court's 2004 order of suspension and the November 2004 reciprocal order of suspension issued by the United States District Court for the Northern District of New York (see Judiciary Law § 90 [2]; §§ 478, 484, 486; Code of Professional Responsibility, DR 1-102 [a] [4], [5], [7]; 3-101 [b] [22 NYCRR 1200.3 (a) (4), (5), (7); 1200.16 (b)]; 22 NYCRR 806.9). We find without merit respondent's arguments set forth in his answer to the petition and in response to the Referee's report, including his supplemental papers. Petitioner cites respondent's disciplinary record in aggravation of his professional misconduct. In June 2003, this Court suspended respondent from practice for one year, but stayed the suspension upon conditions (Matter of Hall, 306 AD2d 619 [2003]). In September 2004, we suspended respondent from practice for a period of three years, which suspension continues to date (Matter of Hall, 10 AD3d 842 [2004], supra). In addition, petitioner orally admonished respondent in 1998 and issued letters of admonition to him in 2000, 2002 and 2005. We conclude that to protect the public, deter similar misconduct, and preserve the reputation of the bar, respondent should be disbarred. Mercure, J.P., Peters, Spain, Rose and Lahtinen, JJ., concur.
ORDERED that petitioner's motion to confirm the Referee's report is granted; and it is further, ORDERED that, to the extent respondent moves to disaffirm the Referee's report and for reinstatement to practice, the motions are denied; and it is further, ORDERED that respondent is found guilty of the professional misconduct charged and specified in the petition; and it is further, ORDERED that respondent is disbarred and his name is stricken from the roll of attorneys and counselors-at-law of the State of New York, effective immediately; and it is further, ORDERED that respondent is commanded to desist and refrain from the practice of law in any form, either as principal or as agent, clerk or employee of another; and respondent is hereby forbidden to appear as an attorney or counselor-at-law before any court, judge, justice, board, commission or other public authority, or to give to another an opinion as to the law or its application, or any advice in relation thereto; and it is further, ORDERED that respondent shall comply with the provisions of this Court's rules regulating the conduct of disbarred attorneys (see 22 NYCRR 806.9).

Anonymous said...

Thank you.

Post all day 100 times a day.

Oh, but again, instead of being anonymous, if you want to get into a public proceeding, identify yourself, stop over for a cup of coffee, and bring over these great "orders" for enforcement.

Kevin R. Hall

from upstate said...

Slugging mud doesn't help the cause people.
t think Judge Peters will make some important changes for the better.

Anonymous said...

If her first action as Presiding Judge is correcting the Fraud that she participated in,

http://decisions.courts.state.ny.us/ad3/decisions/2009/504867.pdf,

then maybe there is hope.

Until then she is directly part of the fraud.

Anonymous said...

You have to wonder if John Turner regrets being involved with an attorney like Kevin Hall. Maybe attorney Hall was the reason why the evil and corrupt forces screwed Turner. I usually don't comment but I am concerned that the big complainers are distracting from getting the message out.

Anonymous said...

Kevin Hall of Kinderhook says bringing that question into a public proceeding and identifying yourself is the one of the best things that could happen.

Kevin Hall says John Turner has already testified at length under oath and penalties of perjury in this regard and Kevin Hall of Kinderhook would love to expose in an open public proceeding:

1. the 4 years of emails and information provided that has gone unacted upon by someone falsely claiming that federal agents would be contacting Mr. Turner;

2. the false representations of Special Proscutors, Federal Monitor for NY, rocking new york and so on and so forth.

So yes, that would be the best thing that could happen says Kevin Hall is to bring your Hidden Anonymous self into a public proceeding so your Identity can be established and your background and then get the Answers of why you think its ok to have evil corrupt forces act upon anyone and get all the other answers that folks have been looking for in all these years.

Welcome the opportuntity. Look forward to it.

Of course be prepared for full examination as well as you will not be able to hide or squirm in the dark in a public proceeding.

Oh, and since you seem like such a knowledgeable person, how about explain this:

A. What does Kevin Hall of Kinderhook or ANYONE Grieving and Complaining have to do with a Court correcting its own fraud?

Will be waiting for that answer.

Will be waiting for your identity.

Will be waiting to find out how much you knew and when by the time you made your anonymous posts on all of the attempts Mr. Turner has made to get others ( not Kevin Hall ) to adequately represent him in the Third Department.

Footnote: You may wish to review the correspondence to former Governor Mario M. Cuomo and others before you answer.

Either way, whether you continue to hide and slither in the anonymous zone or come forward into the light, I welcome this issue being explored in any public proceeding.

But perhaps it may be best explored in House and Senate Oversight Committee Hearings on Integrigy in Government.

Kevin R. Hall of Kinderhook

Anonymous said...

Kevin Hall says I just spoke to John Turner by phone. He remembers his prior sworn testimony that answers the "anonymous" commenter at 2:18 pm est very well.

Of course, the "hiding" "slithering" anonymous commenter.

First response from Mr. Turner got directed to one of the issues of Integrity - Accountability that "allegedly" this Blog and Site Owners were leading people on to address:

Why should he or anyone have evil and corrupt action against them? And if the Court did that because of a lawyer, isn't that proof of the misconduct of the Court adjudicating an individual's rights differently based on bias and prejudice of the court?

Will be really interesting to see how these questions get answered in a public proceeding. And will be more interesting to see who the hidden folks in the dark are making the comments and the emails and phone calls or texts received and when.

So yes, I personally would welcome a public review of that process and those questions. Best thing that could happen.

Stop over for coffee. Bring it on.

Kevin Hall

Anonymous said...

Kevin Hall also says:

To the Commenter at 12:06 pm, what part of the original Post did you find to be unbalanced?

What problem do you have with making a Record of actions and representations that have been made by folks operating and controlling this blog?

What problem do you have with truth, integrity and accountability?

Is it possible that you are someone that has daily personal contact with this blog?

Is it possible that you have a case yourself that you are getting "help" on from this blog?

If you believe in exposing corruption, you should naturally ask yourself the question about why this Site when posting the Article about Judge Peters made no reference to the Facts that the site operators were provided years ago directly involving fraud, proof of fraud and of course ask why nothing has been done or no followup from the site providers who said federal agents would be coming and contacting folks to deal with this.

Unless you have a special personal relationship with the blog, it is quite difficult to imaging how making a record of these facts could be a problem for you?

Are you unbalanced?

Kevin Hall

real albany lawyer said...

A previous commenter forgot to mention that attorney Hall was also found guilty of bouncing attorney escrow checks. The Albany Bar is quite happy not to have a lawyer like Kevin R. Hall in its membership any longer.

Anonymous said...

Mr. Real Albany Lawyer, Kevin Hall says if you are a Real Albany Lawyer, then identify yourself so your background, affiliations, campaign activities, donations and more can be scrutinized.

I guess you decided to omit that:

1: not a single client was harmed in the bounced checks, NOR DID a single client complain; NOR Did ANY client complain to the Committee in FACT the Client was a Witness in my Favor at the Committee but spoke Negatively about the State Court system;

2. ONE of the Bounced Checks was caused based upon DIRECT MISREPRESENATATION by the Office of a man ( identity withheld presently ) from Oleans selling a Bus on a George Pataki Contract who Misrepresented FACTS and ACTIONS DIRECTLY causing the Escrow Mishap where ONCE AGAIN NO Client was Harmed, Nor ANY Party harmed;

3; And that the Sum Total was Less than $100 ( one - hundred ) dollars or so ( excluding the Oleans bus guy who ALREADY was Getting His Money in Cash or other consideration from the Client, ALL of which was Withheld from Kevin R. Hall at the time the Check was issued ).

So come forward and Identify yourself Mr. "Real" Albany Lawyer to be assessed. Then a real dialogue can occur.

So NO, I did not forget to Mention any of that, In Fact, I am one of the ones who can Testify about Blatant, Rampant,Widespread CORRUPTION in the Third Department Standards Committee which Many Fed related folks have asked about.

So come forward now and let the process begin.

KRH

Anonymous said...

Of course one of the reasons I was brought into this process was due to even more blatant, rampant, corruption in the First and Second Department Discipline Committees where, like "favored" lawyers in the Third and Fourth Department, NO Questions are asked and NO Investigations done even when Crystal Clear Proof of Serious Misconduct by the Attorneys.

So, Mr. Real Albany Lawyer, since part of this Process goes right into the Third Department Appellate Division and Standards Committee, and the State Commission on Judicial Conduct, and the other App Divisions, and the NYAG's office under at least Schneidermann ( to lesser degree thus far ), Cuomo, Spitzer, Vacco and more, until you come forward to identify yourself in person, your practice, the offices you have held if any, the courts you practice in front of or have, the donations you have made, as a starter, then there is little worth or credibility to any of this.

There certainly is nothing in the Record of Proceedings with the Standards Committee that remotely approaches the "favored" attorney treatment, Al Pirro as an example to start with.

Let's just keep the discussion right there, back down in Westchester County for now. Although Al was doing Million Dollar Lobbying Contracts with State Agencies while Disbarred only 3 years ( nice Second Dept "consideration" eh? ) .

But maybe if you are in Albany and see Marc Ochs or anyone at the Standards Committee, ask him why he could not figure out a Basis for a Client, Mr. Turner, named above, to have any Grievance against a Lawyer ( Dennis Schlenker ) who took $10,000 for a Trial that never occurred and Refused to Provide an Accounting of how the money was spent in front of Paul Czajka's Court, a Case by the way that was Complained to the State Commission On Judicial Conduct that Judge Karen Peters was sitting on as Third Dept Judge.

Sounds like a very good start right there.

KRH

Anonymous said...

Kevin Hall of Kinderhook says Original Email Distribution List and PDF Files Not presently included ( attached ) but were in fact Attached to the Email Distribution and are available.

Sent: Mon, Dec 28, 2009 12:00 pm
Subject: Hon. Senator Sampson: Forwarded John Turner Docs; Third Department Integrity Issues

Honorable Senator John Sampson
Chair, NYS Senate Judiciary Committee

RE: Documents of John Turner to Third Department Standards Committee with Proof of US Mailing

Dear Senator Sampson:

My former client John Turner has authorized these items to be released to your office and Committee as a partial follow up of recent email messages concerning his Family tragedy within the Courts of the Third Department Appellate Division of the State of New York. As you will see at the bottom of the Second attached PDF file, Proof of Mailing by Mr. Turner through the US Post Offices are attached.

In this second PDF attachment you will also find what appears from my experience in the Third Department as a sufficiently DETAILED list of complaints / grievances to warrant some action by the Standards Committee.

Yet, as you will note in the first attached PDF, Chief Attorney Ochs of the Third Department Standards Committee apparently is playing the "game" of the type of "form" the Complaints are submitted upon although I can surely testify from personal experience that the Committee acts or has acted without relying upon such specified forms and in fact the RULES of the Committee indicate the Committee and Chief Attorney shall act regardless of the "form" in which information about misconduct is reported.

I know that Mr. Turner, myself, and many others are anxiously waiting to hear about when your Committee plans to hold further hearings and whether your office will be supporting efforts for a Special Prosecutor to be appointed in New York Judicial corruption matters.

Thank you for your time.

Kevin R. Hall
38 Kinder Drive
Kinderhook, NY 12106
518-758-7472
805-284-6087 Cell
krhall007@aol.com


-----Original Message-----
From: John Turner
To: krhall007@aol.com
Sent: Mon, Dec 28, 2009 11:06 am
Subject: (no subject)

Kevin,

Also important letters and e-mail to and from Ochs. He says in his letter they have no record of my sworn testimony when we know I did make sworn testimony. Complaints made specific and clear, yet he wrote back asking for what I provided him already, the complaints specific and clear. From what you have shared with me in your case and others, as well as mine, the scarlet thread woven into a systemic pattern of scandal. You answer a question with the clear answer given overlooked. They repeat the same questions over and over, sometimes phrased differently just to ignore and avoid the plain, simple truth.

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