Friday, November 26, 2010

NY State's Top Judge Oath of Office Questioned

Miriam Snyder
Author of  "Exhibit" Alleges Fraud and Obstruction of Rule of Law by NY State's Top Judge, Jonathan Lippman.

On March 23, 2010, Human Rights Advocate and Survivor, Miriam Snyder, requested certified copies of (among others) New York State Chief Judge Jonathan Lippman's Official Bond and Undertaking and Oath of Office as noticed in this Scribd. "Exhibit: Jonathan Lippman Defraud[s] the US,...".  The request was made pursuant to Public Officers Law, Article 2.  It states, in part: "A judicial officer of the Unified Court System should file his or her oath or affirmation with the New York State Department of State (if he or she is a "state officer") or with the office specified by Public Officers Law Section 10 (if he or she is a "local officer") and, in addition, must file a copy of his or her oath or affirmation with the Office of Court Administration."

According to the "Exhibit" a Certified copy of the Oath of Office as NYS Judge was not produced for Lippman.  An April 1, 2010 response to Snyder's request from Shawn Kerby, Assistant Deputy Counsel for the State of New York Unified Court System, reveals a copy (allegedly non-certified) of the Oath was forwarded to Snyder (See, Scribd. "Exhibit", p 2).

Snyder likens the alleged obstruction of rule of law by Lippman to the continued attempt by New York State Acting Commissioner of Education David Steiner to appoint Cathleen Black, a wealthy media executive, as Chancellor of the New York City school system "...despite her advisory panel denunciation and public education deficiencies.-- ".  To this end, according to Synder, "The education system is criminally emulating the obstruction of the rule of law practices inflicted in the New York State judiciary under the unqualified ruler ship of NYS Chief Judge Jonathan Lippman."

Read more here.

Wednesday, November 24, 2010

New York District Court Denies Motion To Unseal Documents In Darryl Thompson Case

 In the latest development, the Court has decided on the letter motion, keeping the documents sealed without prejudice.

 Defendants and NYS OCFS are seeking to hide their misconduct from the public by forcing Plaintiff, Anntwanisha Thompson, to file documents "off-the-books" in the matter of Thompson v. Johnson, et al, a civil action filed by Elmer Robert Keach III, who represents the family of Darryl Thompson.

Darryl Thompson, a 15 year old from the Bronx, died in November 2006 after being restrained by two aides at the state-run Tryon Residential Center in Johnstown. An autopsy conducted by Medical Examiner, Dr. Michael Sikirica, ruled Thompson's death a homicide, yet a Fulton County grand jury declined to indict the two aides involved (John P. Johnson and Robert Murphy).

A letter motion, pursuant to the Court's direction, was filed earlier this month by Keach to The Honorable Andrew T. Baker, federal judge for the US District Court for the Northern District of New York to request the unsealing of all documents submitted to the Court. It states, in part, "...the Plaintiff's efforts to learn the truth about her son's death were used against her, in that in order to gain information about how Darryl died, the Plaintiff was forced to agree to a restrictive protective order that required court sealing. The Plaintiff specifically requested that she be provided with an opportunity to revisit the sealing provisions of the order at the appropriate time, and she does so by this letter motion."

Thompson suggests that all documents submitted to the US District Court for the Northern District of New York are judicial documents. To that end, NYS OCFS forcing "off-the-books" litigation not only does not serve the interests of justice, it also precludes the public from being able to access documents upon which the US District Court for the Northern District of New York will make its decisions.

Thompson also requested to take the depositions of Jeffrey Delorme and Robert Hoefs due to the uncertainty amongst the Defendants as to who was present during Thompson's restraint and death. While not Defendants in this action, the depositions of Delorme and Hoefs are said to be "...highly relevant to this litigation..." They are represented by the New York State Attorney General's office, who has refused to allow them to be deposed.

Wednesday, November 17, 2010

New York State: The Hypocrisy

Our story is given mention in this Legally Kidnapped: Baby LK Report For Halloween 2010.

It should be noted well that my son, Michael, was never truant or unlawfully detained from school. Michael was under the care of, not one but two, medical professionals who never released their demand for home-instruction.

In New York State it is a Class A Misdemeanor to file a false report with CPS. Principal James V. Fisher and City of North Tonawanda School District Child Associate Rosemary Fox were well-aware of the circumstances surrounding Michael's absence from school, yet they made the false reports to CPS. In effect, they circulated information known to be false and misused a state agency.

In light of all of the facts, several state agencies, including NYS OCFS, refused to let me file charges against North Tonawanda High School Principal James V. Fisher for filing a false report. In fact, NYS OCFS found 'no wrong-doing' by Principal Fisher. Given this, I did not attempt to bring any charges against Rosemary Fox. Ms. Fox filed the second false report the following school year (2006-2007).

Last month NYS OCFS released a 'Policy Brief' prepared by the Vera Institute of Justice.

"What their brief does not begin to explore is false filings of educational neglect charges, and why there are no investigations into this aspect. "

To this end, Chief Judge Honorable Jonathan Lippman, who denied my Motion for Permission for Leave to Appeal to the Court of Appeals at a session of the Court, held at Court of Appeals Hall in the City of Albany on the second day of September, 2010, has recently received "kudos" for his crackdown on  foreclosure practices. It's unfortunate that Judge Lippman does not follow the same procedures in his own Court.
The hypocrisy: "We can't have the process being a fraud," New York State Chief Judge Jonathan Lippman said in announcing the new procedure. "It has to be real and based on credible information."