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  • Report:  #1167806

Complaint Review: New York State Supreme Court - new york city New York

Reported By:
gem4867 - reading, Pennsylvania,
Submitted:
Updated:

New York State Supreme Court
centre st. new york city, New York, USA
Web:
N/A
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 My case in the United States District Court Eastern New York,Cv-12-06262 on Appeal in the United States Appeals Court 2nd Department.

Heres what they did, as I previously mentioned in my reports the judge Anthony Cannataro depriving me my child and holding trial without jurisdiction. I tried to to have him restrained by filing an article 78 proceeding against him. I arrive at the court house 9:00 am with my petition. So heres what they did, first they try to tell me I cant file it there, then after arguing with their prose clerks for a while they give me the forms.I fill them out and they send me to notarize it, when I return they tell me I have to do it over because its in blue ink. To make a long story short they ran me all over the building until closing and had to return again the next day. During all this, they even made re-type the petition, so I see this big court game their playing on me and I try to call the media, suddenly I cant access my internet service or make calls. The next day I return and they started the game all over again running me around the building. Next after the attorney General responds to the petition and I reply to their response, the court gives a date to return and the clerk says the judge is going to hear the case on the merrits on the upcoming date.

 The following date the Attorney General is a no show.They tried to send me home and told me to wait for something in the mail from them.Rather than leave I go to the judges court and speak to her lawyer which inturn went and spoke to the judge,they then tell me that if I want to stay the proceedings It cant be done by petition I have to file an Order to Show cause. So here I am out a couple hundred for filing the petition and now I pay for an order to show cause,I go and serve it on the attorney General when I return they had me sit in the hall for about an hour, to hand me a dismissal stating an Article 78 Proceeding can not be used to restrain a judge. This Judge is being sued for violating my Due Process Right,the 14th Amendment to the United States Constitution.

In the United States District court Of Newark NJ, I tried to file there my lawsuit. Rather than tell me I need to file it NY, they take the filing fee of 325 Dollars and fifteen minutes later return with a paper saying dismissed for lack of subject matter jurisdiction.

My case on appeal as a low down trick the forced me to pay the filing fee twice 550 dollars. The first time , the district judge dismissed the judges being sued stating the federal Court lacks Jurisdiction pursuant to Domestic Relations Law. About Four days to the due date when my appeal is due, I get a letter saying the appeal is dismissed because it wasnt a final order. Huh, are you following this game? so now the beat me out of 550 dollars.

Latly I want to close this report with the latest news to this conspiray Suddenly that my Social Securty case is before review in the district court the defendant Saint Joseph requires new blood work. In order to force me into giving them bloodwork they refused to refill the pain medications I have been taking for about eight  months now. They did this on 7/31/2014. That evening I called their patient advocate Supervisor which stated to me they cant do that if they want to discontinue the pain meds they have to ease you off, advised me that she would straighten out the matter and would call me the next day. She never called and was unreachable the whole entire day, I left multiple messages and no call back from her.

 Additionally, this defendant is trying to force me to take presidone or Methotrexate. Meathotrexate is a known drug to cause death by destroying the liver, read the side affects. Now if Im already accusing you of being in a conspiracy to destroy my liver why are they trying to give me Methotrexate. The doctor which I asked not too see in the first place says to me "Dont worry we will monitor your liver while your taking it." Ha Ha very funny!

Notice I unerlined that last comment because while the FBI was wiretapping my internet service I was searching for other judges that were caught for editing transcripts and they wrote "judge gets caught for editing transcipts-Ha Ha very funny. Needless to say that the judge that framed me, and edited the transcripts still hasn't handed over his decision on the jurisdiction matter and the case been over for sevral months now. That way they could continue depriving me my son.

                     OPERATION MELT DOWN

As I stated in my previous reports this a method used by the government to destroy a target. Its called Gang Stalking. A method to cause their target a mental collapse to cover up their wrong doing. Who are the victims, anybody can be. It is reported in chicago several days ago, a man walked in a office building shot a CEO in the head and stomach and took his own life. Speculation, was he a victim of gang stalking? Like I said, anybody could be. If it could happen to me, it could happen to you. Who are the casualties behind this method of demeaning an individual until they flip out and do something irrational, innocent people is my best guess. Should you be concerned, of course you should, you could be shopping one sunny day with your kids and some homicidal maniac decides to to walk in and shoot up the place, nobody knew why though, was he just plain old crazy or was he a victim of gang stalking? How many times havent we heard of something like this taking place? The reason why you dont hear about what triggered the individual to flip out is because it usually ends in death by suicide or death by the police.

 

 



2 Updates & Rebuttals

gem4867

reading,
Pennsylvania,
How Far would they go ?

#2Author of original report

Thu, August 07, 2014

 I dont much care what they write because the truth speaks for itself, I can prove every single allegation Ive made against them and they know it. If nothing is true then why didnt they enter a pleading for what there being accused of. The case was on for a whole 14 months and the district judge wouldnt order none of the defendants to enter a pleading, again to writs of Habeas corpus and the attorney of general nor the district attorney filed a response. Instead their State attorney General writes rediculous letters to the court saying Judge Mauskopf I write to inform you that we will not be filing a brief on the matter because this office does not represent none of the defendants. Excuse me ,didnt you just represent judge Cannataro in the Article 78 proceeding!

Yeah, thats right I accuse them all of conspiracy if it werent true they wouldnt need to go to the extreme to threaten to kill me now would you!

Heres an event that almost proves nothing but giving all the facts youve read in my reports,one would conclude that they were up to no good. In December 2013, I had planned to file another complaint against the FBI and the district court for acting in furtherance of a conspiracy under 42 USC 1985. if you read the code it says you have one year to file against an officer that has knowledge of a wrong doing and refuses to aide or acts in furtherance of a conspiracy.

So that one year expired December 25 2013. As I was preparing my complaint,one week before the date my PC suddenly blacks out before I could print it. Coincidence? Well it could be and I probably wouldnt think anything of it if they hadnt been wiretapping my internet service and cell phone. Next trying to get around these up to no good doers, I found a store out of the yellow pages and took the computer to the store. They said they would take a look at it for me to call them in the evening. So I called them from a payphone and they said it would cost 170 dollars to repair. First thing Im thinking, (rippoff)so I tell them Ill be by in the morning, dont do anything to the PC. Next day I go to retrieve the pc and the owner says its only going to be thirty dollars to fix, says its three fluctuator caps, already has them removed from my pc,and says it would be ready by 11:00 am. The next day I return and its still not ready, they tell me to come back in a few hours because they have to run to the mall to pick up the caps, when I return in the evening these people are having a party, they have a case of beer and pizza pies like their expecting some big pay check. Never the less my pc still isnt ready and they tell me to come back tomorrow. So now Im getting a real bad feeling that these people are plotting with the FBI to put some illegal content in my pc, the next morning I return with my neighbor to bear witness and get there before they open.

I tell them forget It I changed my mind, but now there trying to convince me to come back in a few hours with the excuse they have to put it back together, I tell them dont bother Ill take it the way it is in parts. Now these people start scrambling around the office like chickens without a head, thay take the office phone with them into the back room and close the door behind them. It takes them 45 minutes to put the pc back together before giving it to me. Heres the kicker to the story, I never seen anyone so upset as this store owner over loosing a thirty dollar deal, on top of that I had new caps installed in the pc which he removed and the pc dont work. Lastly, on my first try I took apart the entire pc and put it back together in ten minutes, I timed myself. Now this story is circumstantial, it dont prove anything unless I get the pc working and find something there thats not supposed to be.

How did they know where I would be taking the computer? They wiretap all the payphones in my area! They also, every so often  send their field techs by my home to monitor for radio frequency incase I get another cell phone, my neighbor has seen them parked out back, several times with the equipment.

Now, I want to discuss the motion to dismiss the Commissioner Of the Social Security submitted to the district court for lack of Jurisdiction because these courts tend to play the jurisdiction game on prose litigants, they deny the courts jurisdiction where it is proper and proceed without jurisdiction where they lack it as you have read in my reports. They write frivilous motions and misinterpet the law to deny the courts jurisdiction or as previosly seen with the Family court and Appellate court proceed without authority.

42 USC 405(E)(9) clearly states: Decisions of the Commissioner of Social Security under this subsection shall be reviewable by commencing a civil action in the United States district court as provided in subsection (g) of this section.

42 USC(g) Judicial review  Any individual, after any final decision of the Commissioner of Social Security made after a hearing to which he was a party,  irrespective of the amount in controversy, may obtain a review of  such decision by a civil action commenced within sixty days after  the mailing to him of notice of such decision or withinsuch furthertime as the Commissioner of Social Security may allow. Such action shall be brought in the district court of the United States for the judicial district in which the plaintiff resides, or has his principal place of business, or, if he does not reside or have his principal place of business within any such judicial district, in the United States District Court for the District of Columbia. As part of the Commissioner's answer the Commissioner of Social Security shall file a certified copy of the transcript of the record including the evidence upon which the findings and decision complained of are based. The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.

Subsequently, the New York State appeals court on their own motion decides their going to look over the courts jurisdiction as to whether appeal can be taken by me as a right to the court for the decision that the appeals court modified the order to a five year order of protection knowing the family court lacked jurisdiction to trial.

CPLR 5601 clearly sets forth an appeal is taken as a right to the Court of Appeals from a final order determined by the Appellate court where the court ruled in favor of the party that appealed.

 

     §  5601.  Appeals to the court of appeals as of right. (a) Dissent. An  appeal may be taken to the court of appeals as of  right  in  an  action  originating  in  the supreme court, a county court, a surrogate's court,  the family court, the court of claims or an administrative agency,  from  an  order of the appellate division which finally determines the action,  where there is a dissent by at least two justices on a question  of  law  in favor of the party taking such appeal.

 

Now, these matters arent decided as of yet, so I cant point no fingers yet or accuse them of wrongdoing. Nevertheless, from my stand point they need some sort of leverage to negotiate my claims. 1. the five year order of protection 2. My son which they continue to deprive me of 3. The Social Security benefits they have been denying me for three years. Thats what they consider court stratagey. I will update with their response.

 

Lastly, Im going to close this report with a reponse to the obnoxious commentor that filed a rebuttal, "Of course she didnt agree with nothing in my complaint, shes to busy playing footsy with judge Cannataro and doing the watoosy with the defendants attorneys, thats why its called a cover-up! You want to know what this judge Cannataro said to the lawyer in court "These people arent like us Ms.Spector they associate themselves with criminals." Referring to me and the defendants they framed. Meanwhile at the same time that case was going down, as a plea negotiation they gave a CEO arrested in Manhattan court 9 days jail time and community service for vehicular homicide while driving intoxicated, he was arrested after he fled the seen.


Ken

Colorado,
Wow, Gilbert Martinez..

#3Consumer Comment

Thu, August 07, 2014

You accused just about everybody in the eastern United States of conspiring against you. You also named two cell phone providers in your poorly conceived complaint.   I read some of the pages of the 35 page court response and they found you wrong in just about everything you alleged.  In fact, you lost hands down.  I'm just glad I live in the western part of the U.S. or I could have also been included in your legal rant.  If you had been in the law profession, you would have starved, you're really inept.  Get a life and keep your tinfoil hat on tight.

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