August 26, 2009
Honorable Justices of the Appellate Division First Department:
In January 1896, the Appellate Division’s first session began at the Court’s temporary quarters at 111 Fifth Avenue. Later, a selection of the permanent home for your Court became an audacious task, as your founding Justices believed, correctly so, that this Court should maintain a distance structurally and otherwise from the lower Courts and Judges whose Decisions your Court would be reviewing. After rejecting three or four sites, the northeast corner of 25th Street overlooking Madison Square Park was selected and purchased for about $350,000.
Soon thereafter architect J. Brown Lord (Lord Day & Lord) secured approval of his formidable plans and was given complete control over all aspects of the construction and decoration by the founding Justices. This project was Lord’s “dream work” as an expression of the purest ideals of law and integrity. Interestingly, Lord chose for the Courthouse the style of Andrea Palladio, an important 16th century architect of Venice, yet with 20th century amenities. This important project spanned almost four years with the Appellate Justices taking possession of the new home on January 2, 1900, the dawn of the 20th century.
The Chief Judge of the Appellate Division promised in an opening speech that this Appellate Courthouse and its Judges would endeavor:
“To supply the moral fiber which supports the edifice upon its spiritual side so that this shall not be merely a majestic Court and home of Law, but a Temple consecrated to Justice”.
Moreover, about three hundred years ago our New York founding fathers created the Constitution of the State of New York, in particular the “Bill of Rights, 1--18”. In 1791, the US Constitution set forth in a clear and convincing manner, the 5th and 14th Amendments: equal rights of citizens relating to and affirming Due Process. Implicitly stating that deprivation of liberty and property and deprivation of equal protection under the law without Due Process is strictly prohibited.
All of that being said, it is shocking and sad to review the Orders issued by the 21st century Appellate Division involving myself, James Couri on the one hand, and John Siebert/Joe Burke Esq. and George Pavia on the other. I have only sought fair and equitable Due Process, which sadly has not been forthcoming. This Honorable Tribunal has turned a blind eye to, and has regretfully condoned documented corruption: fraud on the Court, perjury, and suppression of evidence perpetuated by lawyer Joe Burke and his client John W. Siebert. Not to mention the outrageous and documented schemes of George and Antonia Pavia. This seeming endorsement of these individual’s corruption is a betrayal of trust and has resulted in the unjust and illegal enrichment of the very culprits this Court is supposed to protect citizens from. This Court by its very creation is supposed to advocate, proffer and protect justice and to protect the citizens of the great State of New York from injustice, fraud and corruption. Burke/Siebert have contaminated these Courts, Court Referees and others through verbal gymnastics, fraud, suppression of evidence and fraud on this very Court. Such acts of now proven fraud on the Appellate Division by Siebert/Burke, (see Order Feb 2008- Couri vs Siebert) depriving me of my documented and consented to claims against Siebert. On top of all this, I have been dealing with these biased and unjust circumstances while facing serious health issues for over five years, including heart disease and cancer. Currently, I am and have been in California for over a year for medical treatment.
Although I’ve exposed this cheating and fraud within the legal process, it has now become crystal clear that this Court has chosen to “target Couri”. I am being deprived of Due Process, including being disenfranchised of a simple and normal enlargement of time to perfect an Appeal of an Order issued by JSC Stallman spawned by the documented fraud on this Court by Joseph M. Burke Esq. and his client John Siebert. The August 25, 2009 two-word denial of a simple request of an enlargement of time due to my serious and well documented ill-health would seem to confirm my findings, and many of the claims and causes of action set forth in numerous Federal Cases pending now in SDNY and related charges involving this Court.
With the benefit of my many years of carefully listening to my Dad, who was Commissioner of US Customs, appointed to that position by President Eisenhower, and friends such as Roy M. Cohn Esq., John R. Crews, Mayor Bill O’Dwyer, Len Hall, Gov. Tom Dewey and Sidney Korshak Esq., all who confided about the realities of court corruption; for me, the uncovering of the Unified Court’s “improprieties” is no accident or phantom guesswork. The conduct of this Honorable Court is more than sad, it is transparent and disgraceful, and exhibits bullyism, unfair justice and an apparent willingness to target me because I have uncovered and documented corruption in the New York Court System engaged in by lawyers, litigants and some judges. This is certainly not what the Court’s founding fathers perceived. Those Just men surely were confronted with corruption and Boss Tweed types, fixes and pay-offs. These types of charlatans are part of our history and unfortunately as the saying goes, “history repeats itself”. I respectfully point out that without Rules of Law and Equal Justice the foundation of our society is in grave peril.
Eventually, as history also teaches us, everyone who violates the Public Trust and our Higher Authority will pay the consequences, sooner or later. When a person’s liberty, property, home and family, and even life are in the control of a select few in Black Robes, all American citizens are entitled to fair and unbiased justice. Protecting corruption and illegal conduct really is not what our honorable and great founders had in mind when the Constitutions of New York and the USA were crafted and signed. So I continue to hope for the best, as corruption is truly worse then cancer. On a final note, I respectfully present this open and published letter with my sincere regrets for having to write it.