“You know what downstate blacks call upstate blacks?
After hearing all the evidence, a judge appointed by the New York Commission on Judicial Conduct determined that Utica city court judge, Gerald Popeo, made this remark with a black attorney present during judicial activities. However that Commission refused to accept his finding and issued a mere slap on the wrist in the way of a public censure in 2015.
If that was all, it might be excused by the people served, but Judge Popeo went on to exact revenge on those he believed to be involved in the censure, thereby violating additional provisions of the ethical code in New York. One of his targets was Leon Koziol, the former civil rights attorney for Stephen Patterson. Judge Popeo presided over Patterson’s case in 2010 leading to a suicide attempt in the city lock-up.
Neither this attempt nor a shocking ordeal which followed came before the state commission. Consequently, in light of today’s racial crisis with Judge Popeo still on the bench, Mr. Koziol is lodging a complaint against Popeo with the same Commission seeking removal and a permanent ban from any judicial office. The content published here is designed to secure public support behind this initiative.
The above news interview features Stephen Patterson, the first African-American Commissioner of Public Works in Utica, New York. He was wrongfully fired, leading to a jury verdict of $330,000 obtained by long time civil rights attorney Leon Koziol. It was argued before Justice Sonia Sotomayor in a federal appeals court prior to her elevation to U.S. Supreme Court, see Patterson v City of Utica, 370 F. 3d 322.
A second recovery of $90,000 was obtained for Steve’s dad, a pastor, when retaliation occurred to his church through an abuse of code violations. That retaliation continued for many years after Steve opened a social club using the monies recovered against the city. A barrage of charges followed, resulting in an arrest warrant for non-appearance and first time incarceration. They were thrown out by a jury, yielding yet another civil rights case in 2009.
This news conference (both clips above and below) describes the trauma that Steve endured with a suicide attempt when a belt was placed in his cell that night. Steve was rushed to the hospital and actually arraigned there on the nuisance and code charges by city judge Gerald Popeo. Judge Popeo was later found guilty of using racial slurs during judicial duties by a judge of the state’s misconduct commission.
However Judge Popeo was merely censured and not removed, allowing him to exact revenge against Mr. Patterson’s civil rights attorney, a vow made during a bar conversation witnessed by a marine veteran in 2017. Six months later, Popeo managed to have himself assigned as a city judge to Koziol’s personal family court matters. He started with a nonappearance warrant.
When that was corrected, Popeo persisted with a support warrant based on a fraudulent, concealed record to achieve incarceration. It resulted in a “shoot on sight” threat by a traffic cop in 2018. Mr. Koziol was forced to take a stand against this warrant consistent with his rights of self-defense. In reports, he compared himself to the Rodney King beating with “fists and batons replaced by orders and edicts.” Either can achieve a fatal outcome.
This news clip adds to the ongoing problem of retaliation and lack of diversity in Utica city government. The Black Lives Matter movement has taken aim against racial injustices in this city, but as this highly followed news conference shows, nothing has changed. If anything, given this week’s racial incident involving Jakeila Phillips, the divide may have gotten worse since this 2010 news conference occurred. That shocking incident is detailed later.
There were multiple civil rights cases underway against the City of Utica and Town of New Hartford when Attorney Koziol was suspended as part of a witch hunt in retaliation for his many successes including a $300,000 recovery in a race discrimination case against the Oneida County Sheriff Department. That suspension caused at least four such cases to be dismissed or abandoned, including those by Stephen Patterson and Casey Stuckman in this interview.
In this week’s racially charged incident to be addressed below, video taker, Jakeila Phillips, complains of racial discrimination in the community. She was denied entry to a white-owned bar based on black stereotypes as trouble-makers. Both Patterson and Casey Stuckman operated a prominent bar and social club in Utica to make up for this. Both went out of business due to city harassment.
In Mr. Stuckman’s case, he was gang tackled and body-slammed to the ground, face down, before handcuffs were applied. And it occurred as a victim of a domestic incident shooting. When police arrived, the assailant was a woman holding a gun. Casey was the obvious, hapless victim of both race and sex discrimination. His depiction brings to mind images of George Floyd.
In this clip, Mr. Stuckman describes the racial divide between city police and the black community. In articulate manner, despite his false arrest and injuries, he does not condemn his attackers. He outlines a plan for change to make Utica a great city again, change that Ms. Phillips is seeking 10 years later which has yet to materialize.
In this clip of the same news conference, Attorney Koziol announces a public forum, one of many he sponsored over the years to influence change. It was well attended with numerous testimonials submitted to the Justice Department seeking an investigation into racist city practices.
To this day, there has not even been an acknowledgement of this report, including those recently hand-delivered to members of Congress and discussed personally with prominent national leaders. Today, we learn of movements erupting from the George Floyd murder focused on both police and judge accountability.
However, as this publication proves throughout, the responses from our governments are mere window dressing to detract from a much larger crisis in race relations. Will Black Lives Matter be patronized as these victims and their attorney were? Why lodge misconduct complaints when our public servants go to private extremes to ignore them, discredit them and literally kill the messenger?
Cornell Maye was the first African-American Public Safety Commissioner for the City of Utica, New York, placing him in charge of the police and fire departments. He was an aggressive commissioner and former city marshal quickly responding to numerous crime scenes.
One night he came upon a traffic stop in which a white patrolman was placed in serious danger. He came up undetected on the opposite side of the vehicle and prevented the passenger from using a concealed weapon. It turned out to be a drug bust but Mr. Maye turned up with charges against him for a misuse of firearms by local prosecutors.
As a civilian, it was alleged that he was not authorized to use his gun, despite the fact he may have saved his subordinate’s life. The gun charge was obviously a pretext for removal followed by a piling-on of additional charges. These included “misuse of city stationery” when Mr. Maye presented a written defense to the gun charge before a county judge. All the charges were ultimately dismissed (“no-billed”) by a grand jury.
Contrary to attorney recommendations of non-appearance before any grand jury (because of a prerequisite waiver of constitutional rights), Maye’s selected attorney, Leon Koziol, boldly advised the opposite because the charges were too absurd and retaliation so obvious. A civil rights action followed but dismissed on grounds of judicial immunity, prosecutorial immunity and police quasi-immunity, issues that are current after the George Floyd murder.
Only three years later, a city patrolman was murdered after a similar stop and drug bust without back-up on the scene. With his employment record saved, Mr. Maye went on to a successful career with the Raleigh, North Carolina Police Department. He is now happily retired and still married to the woman once employed as a minority codes enforcer with the same City of Utica.
Persecution of a civil rights attorney
As Mr. Patterson warns, retaliation is very real in civil rights cases and used to suppress change, free speech and whistleblowers such as his attorney.
The above news clips depict the final series of civil rights cases prosecuted by attorney Leon Koziol after 23 years of practice. That was in 2010 when he was targeted, subjected to false ethics charges, and punished with an ongoing 10-year suspension of his law license. It all came in retaliation for his filings, public forums and conscientious stand against draconian child support collection practices.
Like Susan B. Anthony who refused to pay her fine for the crime of voting, and Dr. Martin Luther King who opposed his release from Birmingham jail, Mr. Koziol risked his life and livelihood in a cause for fair treatment in our nation’s family courts. In retaliation, he was ultimately deprived all contact with his daughters, even denied notice of a 2020 graduation ceremony at the New Hartford Central High School.
The unwarranted and excessive punishment led to at least five applications for reinstatement since a 6-month suspension was completed in 2013, a term imposed due to an insider secretary influenced to tamper with office calendars. She was belatedly imprisoned on felony convictions in 2016. A sixth application is currently underway.
An ethics committee in Albany has opposed every reinstatement to date based largely on whistleblowing activity cited from this website, Leon Koziol.com. Its chief attorney and deputy attorneys engaged in the witch hunt against him were terminated by the ethics court after an inspector general exposed their falsified time sheets.
They were the standard bearers of lawyer ethics charged with a duty of preventing lawyer over-billing practices. Unlike Mr. Koziol’s highly discriminatory treatment without any criminal wrongdoing or malpractice, these “ethics” lawyers were allowed to return to private practice with no public charges, see Robert Gavin, Oversight lawyers quit amid inquiry, Times Union (Albany, New York) July 11, 2013.
In contrast, the indefinite license suspension has prevented Mr. Koziol from continuing with these and other civil rights cases. They were ultimately dismissed in the hands of lesser qualified counsel or abandoned altogether due to a lack of interest or affordable representation.
To illustrate the absurdity, Attorney Stanley Cohen was reinstated in 2018 only two years after his release from federal prison for tax evasion on some $3 million in unreported fees and income. These were felony convictions that routinely lead to a seven-year disbarment. However he somehow incurred a short term suspension instead and was known for representing cop-killers, drug dealers and terrorists.
In contrast, Mr. Koziol was punished more severely for representing true victims of racial injustice and a conscientious stand against corruption. He issued a series of reports since the one depicted in the front page story above. A 2015 report predicted his potential demise following the Walter Scott murder in 2015.
At the Walter Scott funeral in South Carolina, Mr. Koziol addressed national media, civil rights groups, Al Sharpton and Congressman James Clyburn, among others. He did so because this particular black lives victim was a father shot dead five times in the back while fleeing unarmed from a child support warrant uncovered during a traffic stop.
His report the same year was submitted to then Attorney General Loretta Lynch who testified along with Mr. Koziol, Preet Bharara and other invitees at a hearing of Governor Cuomo’s Moreland Commission on Public Corruption at Pace University in 2013. His prediction was realized in 2018 when a “shoot on sight” threat was made by a traffic cop to a driver of Mr. Koziol’s vehicle at a toll booth in Albany, New York.
As fate would have it, Mr. Koziol was not present in the vehicle, but a sworn statement, traffic report and court record corroborate the incident. Another consequential report that year was discussed personally with Senate Judiciary Chair Lyndsey Graham. It asks for a Justice Department investigation of this horrific ordeal supported by a peaceful, three-day lobby initiative and March on Washington.
As race related protests continue across America, leaders are praising peaceful demonstrations over violent ones. But as Mr. Koziol has experienced, his peaceful protests have earned no reforms. This one in 2019 featured a police escort from the White House to the Capitol and a lobby day when 600 reports were delivered by parents to members of Congress and Justice Department.
The “shoot on sight” threat was based on a secret bulletin attached to a child support warrant leaked to local media to further discredit Mr. Koziol and his message, not unlike attorney whistleblowers in China. Local Sheriff Robert Maciol admitted that the leak was unlawful and has yet to respond to a misconduct complaint against his deputy who triggered it.
The support warrant was issued by Utica City Judge Gerald Popeo. He was appointed under suspect circumstances to Mr. Koziol’s family court matters in 2017 to avenge a public censure issued against him by the state’s judicial conduct commission in 2015. Its startling racial aspects are presented below.
All recourse was closed off by federal and state judges abusing judicial immunity and other judge-created obstacles to be detailed in a later post. Ultimately a conditional filing order was orchestrated by federal judge Gary Sharpe despite an earlier order by a higher court which removed him from a case based on his use of a human gene in a sentencing decision, one that would not be discovered for “another fifty years,” see United States v Cossey, 632 F.3d 82.
Such Hitleresque decision-making is easily concealed, and it warrants removal from any American bench. But Judge Sharpe refused to step down from Mr. Koziol’s personal case, and impeachment is the only means for achieving removal for life appointments in the federal system. Such a rare process has shown to be prohibitive and costly this year. The filing order was to be challenged at a federal appeals court in Manhattan but put off due to the pandemic.
This is only some background needed to further understand the outrage among groups such as Black Lives Matter. If a civil rights attorney can be persecuted in this way, victims of racial abuse are denied recourse and accountability. When our justice system breaks down as evidenced here, the natural response is to take the law into one’s own hands.
Mr. Koziol’s ordeal is also critical to events relating to Jakeila Phillips in Utica, New York, victim of a race-laced, verbal assault in downtown Utica, New York this past week. That connection is now explained for the benefit of victims, reform groups and genuine accountability in government.
By Dr. Leon Koziol
Civil Rights Advocate
On July 1, 2020, headline news in upstate New York featured a racist video gone viral. A pregnant, black woman managed to capture a road rage incident four days earlier in downtown Utica. What Jakeila Phillips recorded as a pedestrian by-stander was beyond shocking at a time when racial tensions are skyrocketing.
According to the local Observer Dispatch newspaper in Utica, New York, a white passenger in a vehicle was engaged with a person in the one ahead of him. Attention then turned to the by-stander with her unnoticed camera activated.
That passenger actually, if not moronically, identified himself in the video as Barry Wardell while accosting Ms. Phillips with racial slurs and offensive statements such as “Black lives don’t matter.” The victim then calmly asks: “Anything else?” The offender answers by declaring that “Blacks should be slaves, give me back my property,” and further, that “he hangs n_ _ _ _ rs on the weekends.”
Yes this actually occurred in the geographic heartland of New York State during a nationwide crisis focused on the police murder of George Floyd on May 25, 2020, a horrific event which ignited mass, violent protests. It triggered protests in Utica and suburban New Hartford where the racist passenger lived. Joined by local black leaders at a recent news conference, Ms. Phillips is seeking “change” and justice as police investigate whether any crimes were committed.
But what Ms. Phillips and her supporters are likely unaware, any charges, i.e. harassment, hate crimes, may come before the city court’s longest tenured judge, Gerald Popeo, who was charged with using racial slurs while in office. According to Syracuse.com and a February 12, 2015 decision of the New York Commission on Judicial Conduct, this is what Popeo was accused of saying:
“You know what downstate blacks call upstate blacks? Country n____rs.”
Of course, that “country” classification would include Ms. Phillips and the black leaders who accompanied her at this week’s news conference. Unlike the road rage incident at the core of that conference, the Popeo slur could not be defended as an emotional outburst. It was premeditated, witnessed in court (not on a street) and conveyed in the presence of a black attorney .
Predictably Judge Gerry denied all this as he did other ethics charges such as a young prosecutor “standing there like a cigar store Indian.” He jailed litigants for such things as a “smirk” and threatened to come off the bench to assault the one who gave the routine facial gesture. His demeanor and arrogance were off the charts, and he was simply censured instead of removed altogether by the Commission.
Today, we see Black Lives Matter and other protesters tearing down statues and taking aim at events occurring decades, even centuries ago. But these are symbolic aims that mean nothing to perpetrators that are long gone. In Popeo’s case there is a critical opportunity to take aim at a racist who is still on the bench. Specifically I am submitting a formal complaint to the same judicial conduct commission which issued that “slap on the wrist.”
I am also seeking an action which permanently bans Popeo from seeking any future appointment or election as a judge in any court. Such recourse has precedent in the case of ex-family judge Bryan Hedges in Syracuse. He was among the 40 trial level jurists removed from my originally uncontested divorce since 2006.
I filed a motion to remove Judge Hedges from my custody case because such judges were allowed to interact with children in chambers without the parents present. I was chastised by lawyers on grounds that this judge had a reputation beyond reproach. But I had two young girls to protect who were my utmost priority.
To my surprise, Judge Hedges granted my motion due to “an appearance of impropriety,” and as fate would have it, Judge Hedges resigned abruptly one year later after being caught in an admission that he sexually abused his handicapped five-year old niece decades earlier.
The judicial commission was unmoved by the resignation and proceeded further with a permanent ban from any judgeship. Hedges appealed to New York’s high court but was slapped with a scathing opinion which left the ban in place, see In re Bryan Hedges, 20 NY3d 677 (2013). Judge Popeo’s misconduct is not decades old and it cannot be tolerated in the current racially charged environment. To ignore Judge Popeo is to ratify his racism in public office.
FYI: Both Hedges and Popeo were represented by former Utica Supreme Court Judge Robert Julian, currently a prominent personal injury attorney and former chairman of the Oneida County Legislature. If you would like to join my complaint for the removal of Gerald Popeo, contact me at (315) 796-4000 or e-mail me at email@example.com. In the meantime, let’s make this viral for the sake of true justice everywhere!
As they say, every dirty dog has his day. You can abuse judicial office and get away with it for a long time. But the day will come when you will be held accountable, and what a sweet day that will be for the victims.
That day for Judge Gerald Popeo has arrived. And like so many who ganged up on me (we’ll just call them junk yard dogs), justice will finally be served when he is removed from the bench by a stellar candidate who announced his campaign to seek Gerry’s judgeship in 2020.
Oneida County Assistant District Attorney Joe Saba announced that he will seek the judgeship for City Court of Utica, New York this week. Scary Gerry has not yet announced and was no doubt hoping to be unopposed. But like another member of the “Get Leon” clan, Judge Mike Daley, I am predicting a sound defeat of incumbent Popeo should he decide to run.
After “Cowboy” Daley abused his judge assignment to my family court case in 2010, he could not get the support of his political party when he sought re-election shortly afterward. He could not even get support for his old job as Herkimer County DA. He was soundly defeated by another assistant district attorney.
Judge #42 has now replaced Popeo after all his revenge work was completed against me. Assigned out of Syracuse, her name is “Martha Mulroy” who simply joined the junk yard team by denying everything I requested, even simple phone contact which life term prisoners get. That is how deep the venom runs after all the corruption I exposed.
I have never been charged with a crime, reported for abuse or found to be an unfit parent. I am the victim of a so-called “custodial parent” (Kelly Hawse-Koziol) who abused her own title through brainwashing and severe parental alienation to get a millionaire father replacement. She failed in at least two of her scams and is now working on her third victim according to an anonymous letter received last month.
It may be too late to save my father-daughter relationships, but hopefully I might get major compensation and precedent to benefit others in my state supreme court case which was recently moved to federal court by the New York Attorney General. Scary Gerry is now the lead defendant named in that action after the State of New York was necessarily dropped due to 11th Amendment sovereign immunity.
I will now recruit voters in the city which I once served as an elected councilman and corporation counsel. Mr. Saba saved me a full page dedicated to seeking candidates to run against Popeo. It should not be difficult to remove Gerry after that Public Censure he got from the New York Commission on Judicial Conduct (issued on February 12, 2015).
In that decision, you will find how Gerry was found guilty of making racial jokes to an African-American attorney in city court. He was censured for a threat to do violence to a litigant by threatening to come off the bench to “wipe a smirk off (his) face.” He could not lie about that one, like he denied the racial misconduct, because his threats were recorded by a court stenographer. Now let’s face it, that is one DUMB judge.
Scary Gerry was also punished for throwing guys in jail in violation of their due process rights whenever someone rubbed him the wrong way. Now that’s EGO MANIA on steroids! Come on Gerry, this isn’t a street fight. You have the protection of court security, and you gotta wonder who they would restrain if Gerry did come off the bench to wipe out smirks. They would certainly not be necessary if he attempted that on me.
There were so many cases of wrongdoing that you gotta wonder how Gerry was allowed to remain on the bench at all. This is the same guy who bellied up to me at a local bar in 2017 to accuse me of involvement in the “witch hunt” against him. I now wish I was involved but informed him truthfully that I was not. Evidently paranoid for some irrational reason, he did not buy it.
Somehow he got himself assigned to my family court case six months later. Now, all else aside, you gotta ask yourself a common sense question: what is a racist, violent and egotistical judge doing in family court which features domestic violence cases and sensitive family matters? He was obviously appointed to even the score for his paranoid suspicions. That alone is a serious violation of the Judicial Code of Ethics.
Judge Gerry then orchestrated a support violation warrant which got out of control when a traffic cop claimed that he could “shoot on site” because somehow that warrant was secretly modified into high alert status. All of this is now the subject of my federal case. Yeah, as I stated, every dirty dog has his day. You can’t change the spots on a leopard, but you can change a scary situation by voting a dog out of office.
If you would like to help the movement to throw “Scary Gerry” off the bench, call our office at (315) 380-3420
Should you decide to expose corruption in our judicial system, be wary of the immunity which it claims over your First Amendment rights. This immunity and self-regulation power has become so abused that Michigan Family Judge Wade McCree was able to commit adultery in chambers, get a litigant mother pregnant while he placed her adversary on a child support monitor and suffer no monetary liability to his victims.
Now we have another “Acting” Family Judge in upstate New York who threatened a litigant from the bench, was found by an ethics judge to have used racial slurs (“country niggers”) and sent people to jail on serial contempt rulings because they grinned or complained of injustices. Meet Judge Gerald “Neanderthal” Popeo of Utica, New York, a regular standard-bearer for anti-violence groups. Get the details by clicking here.
Because the persecution for my judicial misconduct complaints has become so extreme, I recently filed an extraordinary lawsuit against such judges in New York Supreme Court, Appellate Division. There is little expectation of proper accountability, however, because our courts are self-protecting of their revenues, fees and reputation. They would rather excuse, ignore or rationalize racial slurs and judge revenge than accept the public consequences for their actions like they require of the rest of us.
So what can we do? My lawsuit may shed some light. Here is an excerpt of my arguments before that court which may shock you, but it is a sound position based on my 23 unblemished years as a civil rights attorney and successful cases which recovered hundreds of thousands of dollars for my clients. That was before the judicial retaliation began for my whistleblowing activity. These arguments are made to oppose dismissal motions filed by New York’s Chief Judge Janet DiFiore and various inferior judge (respondents) engaged in clear misconduct:
Koziol v DiFiore, et. al.
2) This is a hybrid declaratory judgment and extraordinary relief action brought pursuant to CPLR Articles 30, 63 and 78. It is otherwise authorized by New York’s high court under a “Rule of Necessity” laid out in another hybrid action, Maron v Silver, 14 NY3d 230 (2010). If the Chief Judge and respondents are to be plainly understood by their motions, a hybrid lawsuit filed by predecessor chief judges challenging legislative dysfunction for pay raise purposes is proper, but if those whom they serve seek to do the same for purposes of protecting their children, livelihood and liberties from judicial dysfunction, they are out of line, subject to summary dismissals or even filing prohibitions of the sort demanded here.
3) New York’s judiciary clearly had no authority to direct the amounts or timeliness of pay raises absent diminution. It is a subject textually committed to other branches of government under the people’s constitution. Yet the Maron case was filed anyway, by judges no less, and it is still “the law” in this state. It can only be construed as an unconstitutional scheme to politically influence the other branches through an abuse of our courts. If private litigants endeavored to do the very same thing, they would be subjected additionally to fines, sanctions and even contempt.
4) Both motions have utterly ignored the Maron v Silver case, indeed it is not even mentioned in the joint Memorandum of Law, Table of Authorities. This is because the outcome is already anticipated. There is no neutral and detached arbiter, hence vitiating any good faith effort or purpose for preparing an opposition Memorandum. Ignoring stated precedent is not only unethical but also the tactic employed by most, if not all jurists reviewing this case to date.
5) In my recent book, Satan’s Docket, I have described this tactic as “Orchestrated Law.”It was practiced in the serial rulings which were, in fact, cited in the moving papers, further confirmation of the systemic bias carefully and convincingly laid out in the petition. Both motions have also ignored the precedent seeking nature of this case premised on escalating new facts caused by each biased ruling designed to suppress speech directed at judicial misconduct.
6) The motions continue with their deceptive agenda by totally ignoring salient facts of the petition without facts of their own interposed by any person having personal knowledge. That renders the petition presumptively true for purposes of any summary ruling. Even on technical grounds identified for dismissal, the untwisted facts cannot be silenced on such an extraordinary case. But as practiced here for at least ten years, decision makers have cherry picked only those facts and precedent (if at all) which supports a predetermined outcome and a “law” concocted contrary to our legislated ones.
7) If you don’t mention material facts or egregious misconduct clearly bearing on that outcome, it simply didn’t happen. This results in a monumental fraud upon the public by that branch of government charged with highest duty of protecting our constitutional rights and “justice for all.” If our courts are bold enough to cover up their own corruption, there is no “law.” It is all the justification needed for victims to take matters into their own hands. We can rightfully conclude that we are living in an increasingly lawless society. Proof is everywhere, from the mass murders by a fatherless teen in Florida to the terrorist threats in daily news reports.
8) A simple test which bears this out is the perjuries of judge-appointed child lawyer William Koslosky and the state’s “custodial parent,” respondent Kelly Hawse-Koziol. The record clearly shows that they both conspired to conceal the true residence of my daughters, going so far as to serve a Notice to Admit in November, 2015 attaching a purported electronic notice of child relocation with the address “gmai.com.” It constituted an impossible transmission without the “l” character demonstrable from the face of that doctored confirmation notice. The 35th assigned judge, Daniel King, bent on revenge for my testimony before the Moreland Commission on Public Corruption, simply vacated the notice without any consequence to either co-conspirator. He did so while a gag order was in place in the last decision prior to his removal.
9) The logical question which then arises is why a lawyer would engage in such clear misconduct. The answer lies in the continuing refusal of our appellate division justices to hold William Koslosky accountable. That failure in duty occurred as recently as February 26, 2018 when Judge Joanne Winslow submitted notice to me declining to sign a show cause order on this case. I am making that application, already served on the parties, a part of this cross-motion. It sought, inter alia, a referral of William Koslosky minimally for disciplinary action stemming from his July 31, 2011 and August 2, 2011 affirmations in support of appeal dismissals.
10) Those affirmations were re-filed one month later in the Third Department after this court’s transfer order. In that particular scheme, Koslosky stated under oath that I sought to reinstate my law license in a family court cross-motion dated March 3, 2011 before later disqualified Judge Pirro-Bailey. It was obviously orchestrated to discredit me as a parent, lawyer and critic insofar as every sane lawyer knows that a law license cannot be reinstated in that court.
11) As the petition and show cause application explained, lawyer Koslosky went so far as to assert factually that I was seeking to “revoke” the authority of this court to decide licensing matters. There was no proof of any of this, but the sworn affirmations remain in the records of both upstate licensing/appeals courts. The effectively ratified perjuries have not been retracted or even acknowledged by any judge to date. My answering affidavit and the ones repeatedly filed here contained the Koslosky sworn statements and entire cross-motion showing no such events.
12) This court cannot deflect by asserting timely recourse to the Fifth District Grievance Committee. Apart from its own duties under the Judicial Code, its appointed Committee has yet to even acknowledge my 2011 grievance against Koslosky and custodial counsel, perhaps due to the simultaneous disqualification and transfer of my disciplinary matters to the Third Department and the witch hunt lawyers there focused on my public criticisms.
13) These standard-bearers of lawyer ethics were allowed to quietly resign without public prosecution of any kind after an Inspector General discovered their falsified time sheets. As the petition explains with sufficient detail and examples, I was not accorded similar favor after more than eight years of license suspension, one year longer than a disbarment period.
14) The Third Department misconduct was not much different prior to transfer when Fifth District Attorney Mary Gasparini submitted a false written statement to her Committee that I had not sought an adjournment to better prepare for a first time prosecution of ten grievances in 2008. This lie, in turn, led to “discrepancy” claims elevating a first time admonition to formal charges and my first one year disciplinary suspension by the Third Department (still extant).
15) The Gasparini lie was fully proven in a March, 2009 motion for discovery and other relief during that prosecution. This court denied my motion in a cursory, confidential decision two months later without any mention of Gasparini’s misconduct. Ten grievances (six later dismissed on their face) comprised this first time prosecution after two decades of unblemished practice. It originated on January 9, 2008, the same day as arguments before Judge John Centra of this court which contained extensive proof of ethical misconduct by Keith Eisenhut, opposing divorce counsel unknown at the time to be a member of that same Fifth District Committee.
16) These grievances were stale for many years as was the one currently prosecuted by the Third Department involving events of 2008. Hence it cannot be said that timely recourse against Koslosky is somehow stale or waived. To the contrary, the intentional disregard and uneven treatment of lawyer misconduct have only left wide open the door for a series of perjuries that have destroyed all aspects of my former model existence over a half century period, including the gmai.com concoction years later. In the face of all that has been presented and accumulated to date, how can anyone conclude that a rational justice system has been made available to me? The notion that an anti-filing order should now be issued is an even greater farce inasmuch as such an order has been effectively in place since January 9, 2008.
17) But that corruption pales in comparison to the one which now confronts everyone involved. If lawyers appointed and licensed by this court can freely concoct facts and lie under oath, anything can be contrived against me as long as my reform and whistleblower activity persist. That entitles me to resort to every manner of personal protection at my disposal.
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