The Staten Island Coalition on Judicial and Social Awareness (TSICJSA)

Happy 4th of July Everyone! The Climate is just gorgeous!!

2010-07-04T09:58:00.001-04:00

Eat plenty, enjoy your children.

Have you seen Patrick Alford? If you see something report it

2010-01-26T20:48:00.004-05:00

To report that you've seen this child, call 800-577-8477. He went missing January 22, 2010 from his foster home in Brooklyn.

Ok, so abusive parents will recieve stiffer sentences, but how will the city protect the children at risk now

2009-09-12T13:17:00.003-04:00

...........Making sure the Administration for Children's Services is well equipped to handle such cases would help greatly Mayor.

To My Readers

2009-08-20T22:45:00.002-04:00

Coalition topics will be posted on the coalition blog at www.tsicjsa.blogspot.com. All other topics will be posted on www.tabatharexach.blospot.com. I have a personal website parked www.tabatharexach.com and of course the coalition website parked as well at www.tsicjsa.org

The New York State Unified Court System (1)

2008-12-23T18:13:00.005-05:00

The system cannot fix what it does not know is a problem until it is brought to their attention in an appropriate manner. That is what I believe. Click on the link above

NO Legal Representation in the Support Part of the Staten Island Family Court unless You are in Contempt!

2008-12-12T10:05:00.004-05:00

There is NO legal representation in the Support Part of the Staten Island Family Court unless it is a contempt hearing, then and ONLY then, is an 18B Law Panel Attorney assigned.

There should be legal representation from the inception to the finality of civil support matters.

Inconsistent Rulings lead to gross inequities on both sides of the matter.

Legal Representation in the Civil Support Part of the SI Family Court

2008-12-10T21:03:00.003-05:00

Update:

Numerous phone calls to find out information have been made to City Government throughout the previous months and most recently to inquire into the Civil Support program in the Bronx Family Court of the State Of New York. Those phone calls were largely unreturned for a time, I stopped calling, this month has begun the letter writing to all concerned regarding legal representation in the civil support part of the Staten Island Family Court.

Now let it be known NOW, BELIEVE ME - [I] AM NOT AND DO NOT PLAN TO BE IN THE NEAR FUTURE THAT IS TO BE LEGALLY IGNORANT OF WHAT MUST BE DONE IN LITIGATION IN THIS PART OR ANY OTHER PART OF ANY COURT IN THE STATE OF NEW YORK. I SEEK THIS INITIATIVE FOR UNREPRESENTED INDIGENT LITIGANTS WHO HAVE NOT GOTTEN TO AND CANNOT GET TO THE LEVEL NECESSARY TO ADJUDICATE FOR THE BEST INTERESTS OF THEIR CHILDREN.

The adversarial environment of the court is not strange to me, but is to many people with open cases now, closed cases in the past, and future cases to be filed in this court.

Therefore these efforts are to adhere to adjudicating these civil support cases with the "Best Interests of the Child" at the heart of the matter on matters of law so that children will be supported at any standard of living versus none at all.

With this said, the first round of communication has gone out via facsimile, and today via mail, let's see what return we receive. I'll let you know Readers and concerned parents of Staten Island and abroad.

New York City Administration for Children's Services and Michael Bloomberg's cutbacks

2008-11-18T16:09:00.005-05:00

The arrogant self-serving Mayor wants to affect the most innocent first in his plan to cut back. The Mayor has announced that he will be cutting back on hiring Protective Specialists for the New York City Administration for Childrens' Services.
Like if this population is not a group that is already at risk, do you think they need to lose specialists.
Do you think specialists need larger case loads?
What are you going to do about the turn over rate, are you going to compensate for that turn over?
What in the hell are you doing??????????????
Do you actually comprehend the substantive issues surrounding child abuse?

This is interesting?

2008-11-17T15:28:00.000-05:00

http://uslaw.com/library/Legal_Research/Posts_Complimenting_New_York_State_Unified_Court_System.php?item=275649. Did they read the update?

This Family is disgusted with the System

2008-11-15T00:06:00.001-05:00

http://disgustedwiththesystem.blogspot.com/2008/10/new-york-city-family-court-is-over.html

THE HOUSING CRISIS AND ITS EFFECTS ON THE INDIGENT LITIGANT IN CIVIL COURT

2008-11-08T06:51:00.004-05:00

The housing crisis is a truly a nightmare for homeowners and renters. However the substantive issues in civil housing between homeowners and renters seem to be this:
Either the homeowner lets the tenant know of their foreclosure or they do not. Banks force the tenant out no matter what, they do not try to assist homeowners in keeping their homes. Banks just want their houses. They may buy a tenant out or they may not. Either way the tenant finds out by surprise that their landlord has been collecting rent and not paying their mortgages and have lost their homes, that leaves tenants no option but to move the time frame the bank demands in the court of law. The only balance is the trier-of-fact identifying with both sides of these matters entering the court at vast rates because of so many foreclosures. An attorney to represent the best interest of the children living in these household that now have to uproot,

OKAY NOW!! LETS GET SOMETHING STRAIGHT RIGHT NOW!!!!!!!!!!!!!!!

2008-11-07T19:08:00.006-05:00

READERS:

LETS SEE. . . . .

INDIGENT means what. . .

A PERSON OF ANY ETHNIC GROUP - AND I DON'T REFER TO THESE GROUPINGS AS MINORITY ANYMORE!!!!!!!!!! means what. . .

NEITHER TERMS AND/OR STATEMENT MEANS STUPID!!!!!!!!!!!

SO WHAT PART DO YOU THINK WE SHOULDN'T GET!!!!!!!!!!

IGNORANT IS APPLES

CHOOSING NOT TO BE IGNORANT OF THE LAW IS ORANGES - I CHOOSE TO NOT BE IGNORANT OF THE LAW BECAUSE -
YES I CAN AND THAT MEANS YOU CAN TOO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
AND ALL INDIGENT LITIGANTS NEED TO LEARN THE SAME, LET ME KNOW HOW I CAN HELP YOU!!!!!!!!!!, . . . .

READERS: Please click the link read about the faces of Staten Island, New York, their pretty ugly and hateful

2008-11-05T10:45:00.002-05:00

http://www.silive.com/news/index.ssf/2008/11/on_staten_island_obama_backers.html#comments

What an upset

2008-10-23T17:05:00.004-04:00

While watching the voting process, I thought I heard a NO, but here we are spoiled Billionaire using our City Financial Circumstances to force himself upon us for a third term, an additional 4 years without acknowledging our right to vote. This is upsetting and I hope there is hefty litigation on this issue as well as protests. Severe Conflict of interests and self-interest involved in this vote, it is upsetting.

Litigation Coordination in the Staten Island Family Court

2008-10-23T12:23:00.002-04:00

Litigation Coordinating for the Custody/Visitation and the Support Parts of the New York State Family Court between two litigants who petition the same court regarding the same child, a formal application for the coordination of litigation is necessary.

Readers. Thank you.

2008-10-21T13:35:00.003-04:00

First and foremost, Readers, Thank you so much for your support. I appreciate your comments, now off to doing what I do best, that is supporting us the Pro Se - Indigent ONLY on how important it is to be judicially and socially aware FIRST IN THE COURTS

IT IS A GOOD FEELING TO BE HEARD

2008-10-21T12:49:00.010-04:00

I learned over two years ago the New York State Unified Court System revised the custody and visitation petitions to the extent that it gives the trier of fact information that determines the the paternity of the child. How does this affect a case?

Now the trier-of-fact is aware of the marital status of both parties, the familial breakdown on both sides between both litigants before application and analysis.

You have no idea how many children that will save from the suffering my child and my family have suffered before this change was made. Thank you for making this change to adjudicate cases in the "Childrens' Courts" throughout the Entire New York State Unified Court System.

An impactful implication for live cases:

The Abuse of process.
The Application and Analysis of the "Best Interests of the Child"
Dereliction of duty and a Malicious Law Guardian and the "Best Interests of the Child"
The overt commission of malfeasance
The overt activity of judicial misconduct
The Pro Se Litigant and the Denial of Access to Justice in the Courts.

Before this change was made a litigant could deny paternity to the child and admit paternity of a child all in one court between the same parties regarding the same child.

I have no idea who instituted the change system-wide, but thank you for taking steps to insuring the "Best Interests of Children" are met when adjudicating cases for children in the family courts, that is a giant step in the right direction in any and all New York Family Courts throughout the entire New York State Unified Court System. Now lets see inconsistent Rulings in the custody/visitation and support parts Stop between the same litigants in the same court regarding the same child! "HE WHO SEEKS EQUITY MUST DO EQUITY".

But what do we do for the cases actively operating while in error and the complications made from those errors?

A Bonafide what ??? Wait a minute...Come again?

2008-10-21T12:29:00.013-04:00

Your an absolute Joke of a litigant with a retained attorney that is what that is described as PERIOD.

I am a living example of a litigant actively engaged in the Staten Island Family Court against a litigant who pays an attorney upwards of anywhere from $350 .00 - $500.00 per hour for legal representation, who then files papers intermittently claiming to be "Pro Se" Litigant.

Readers, please do not ever walk into to any court and claim you are a Pro Se litigant after having a retained attorney for an extended period of time (I mean over 2-3 years time). State the facts as they are knowing that inside and outside of the court you are still represented, and a litigant with a retained attorney perpetrates a fraud when staking claim as a on "self-represented" while, calling their retained attorneys for advice, having their retained attorneys do legal research to support their petitions and/or motions, and read over their legal papers; all the while WE "REAL Pro Se Litigants" do all the work ourselves, no shoulder to lean. Get a grip, stop perpetrating your fraud!!!!!!! if you pay somone a certain amount of $$ to represent your best interests in the court, you have some audacity to claim you are representing yourself to a trier-of-fact. I didn't say you couldn't do this, I do not make up these kind of rules of engagement; "BUT YOU ARE UNEQUIVACABLY NOT A PRO SE LITIGANT".

Shelter Expense

2008-05-06T23:42:00.004-04:00

Housing should take about 25% of your gross pay or 35% of your take-home pay. How many people have more than this percentage of their salaries go to shelter expense?

Staten Island Civil Court - Landlord Tenant Tidbit

2007-11-16T17:59:00.005-05:00

Noticing a minor child on the pleading. There is no way in hell in a tenant/landlord action does the tenant have to allow the landlord to place the child in the pleading as a party of the case. Placing a minor child on the pleading and as a party of the case leaves the child at risk to the legal ramification of the proceeding.

Protect your children's rights and priveleges at all times, do not hesistate to shoot off an email to me. I can swiftly assist.

A Coalition Initiative - Telephone contact

2007-11-15T17:39:00.003-05:00

Another coalition initiative currently available for all parents in the Staten Island Family Court. Assistance in telephone contact with the non-custodial child. I will facilitate court ordered phone calls with the non-custodial child in your case. Just send an email.

A Coalition Initiative - Legal Representation in Civil Support in The Staten Island Family Court

2007-11-15T17:33:00.000-05:00

A coalition initiative is underway. Please click on this link to sign the petition and support the cause. http://www.petitiononline.com/atrisk/petition.html. There is a program which operates under the auspices of New York City. The program provides civil support litigation for single parents. The attorneys representing clients of the program are not 18B LawPanel attorneys, but attorneys with a base salary.

This program is only in Bronx County. I would like to bring this program here to Staten Island. There are number of reasons to support this cause.

1. The better a parent can support the children, the more fruitful are the lives of children.

2. Supporting the child to the Standard of living keeps the child from falling into the category of " risk".

3. Preventing a child from falling into this category promotes stability in the home of a single parent where the child resides. Housing, food, extracurricular activities, preschool, intermediate, junior, and High School, of course eventually college.

4. Pushing for support of this cause is a possibility to assist all children, in many income levels and across every socio-economic makeup. Please support the parents, that support their children. Give children a chance to be support at standard of living and nothing more.

When you help the children now, you help the children of later generations. The better opportunity you give your children now, the better outcome at they have for life.

The happier the child. Please support the cause by signing the petition on the link provided above.

Please forward this link via email to everyone you know.

Dan! Dan! Dan! Whoa $$ could have been saved on Yard signs alone, they weren't needed!

2007-11-07T07:53:00.001-05:00

By a landslide! As was expected. I know my D.A. means well and does the right thing by Staten Islanders. Congratulations Dan!! Let it be known, Dan has the best ADA's in his administration and they are at the heart of the successes in the agency.

Moreover, it takes time within any administration to make changes, hopefully throughout the agency staff, paraprofessionals and ADA's will become more representative of the different cultures within Staten Island.

Consideration of all applicants for the positions of public service. Take initiatives to give staff, paraprofessionals and ADA's race sensitivity training, Acceptance of other cultures and races within your office. Stating other cultures and/or peopole are "unacademic" is not an acceptable thing in this day and age. Get the heart of the real problem.

I am so happy Mr. Molinaro's advertisement did not make a dent, not that I expected it to, but more importantly to voter turn out.

That was a bad move for your political career Mr. Molinaro. I think it is understood your emotional involvement in your grandson's best interests, but seeking special favors does not look good in the eyes of many in the Staten Island community. Just like any other defendant that does the crime, must do their time. Laws are in place for a reason Mr. Molinaro. This comment will also be posted on my blog. tsicjsa.blogspot.com

Message from me to my readers

2007-10-21T13:31:00.000-04:00

Readers . . . although I am involved in other things right now, I cannot help but to inform and comment about happenings in this borough and other places. I will be posting despite the fact i am involved in other obligations.

To the readers of my site

2007-09-27T10:23:00.000-04:00

At this time and since 2003 I have been heavily involved in litigation in the family courts. I am at this time preparing for trial and have not been updating the blog as often. I will still be updating the blog on a consistent basis, please know my concentration must be this trial and can only answer questions via email for now. Feel free to contact me at my email address tsicjsa@gmail.com if you have any specific questions for me.

Burden of Proof

2007-06-26T16:16:00.003-04:00

The three standards of "Burden of Proof".

Rebutting "prima facie evidence" is crucial. It is crucial to rebut with various
levels of proof to persuade a trier of fact that the prima facie evidence is indeed
[false] and should include the affirmative defenses.

Typically, most countries have two levels of proof: the balance of probabilities
(BOP), called:

Preponderance of evidence in the U.S., (which is the lowest level, generally thought to be greater than 50%, although numeric approximations are controversial)
Beyond a reasonable doubt (which is the highest level, but defies numeric approximation). In addition to these, the U.S. introduced a third standard called
Clear and convincing evidence, (which is the medium level of proof).The highest level of proof is ordinarily used in criminal cases.

Balance of probabilities, also known as the "preponderance of evidence", this is the standard required in most civil cases. The standard is met if the proposition is more likely to be true
than not true. Effectively, the standard is satisfied if there is greater than 50% chance that the proposition is true. Lord Denning in Miller v. Minister of Pension described it simply as "more probable than not".

Clear and convincing evidence Clear and convincing evidence is the intermediate level of burden of persuasion sometimes employed in the U.S. civil procedure. To prove something by "clear and convincing evidence", the party with the burden of proof must convince the trier of fact that it is substantially more likely than not that the thing is in fact true. This is a lesser requirement than "proof beyond a reasonable doubt", which requires that the trier of fact be close to certain of the
truth of the matter asserted, but a stricter requirement than proof by "preponderance of the evidence," which merely requires that the matter asserted seem more likely true than not. Beyond a reasonable doubt, this is the standard required by the prosecution in most criminal cases within an adversarial system. This means that the proposition being presented by the government must be proven to the extent that there is no "reasonable doubt" in the mind of a reasonable person that the defendant is guilty. There can still be a doubt, but only to the extent that it would not affect a "reasonable person's" belief that the defendant is guilty. If the doubt that is raised does affect a "reasonable person's" belief that the defendant is guilty, the jury is not satisfied beyond a "reasonable doubt". The precise meaning of words such as
"reasonable" and "doubt" are usually defined within jurisprudence of the applicable country. In the United States, it is usually reversible error to instruct a jury that they should find guilt on a certain percentage of certainty (such as 90% certain). Usually, reasonable doubt is defined as "any doubt which would make a reasonable person hesitate in the most important of his or her affairs."

"Prima Facie" or . . .

2007-06-26T16:16:00.000-04:00

The Definition:
Prima facie is a Latin expression (which originates from Middle English) meaning "on its first appearance", or "by first instance" used in common law jurisdictions to denote evidence that is sufficient, if not rebutted, to prove a particular proposition or fact. In most legal proceedings, one of the parties has the burden of proof, which requires that party to present prima facie evidence of all facts essential to its case. If that party fails to present prima facie evidence on any required element of its case, its claim may be dismissed without any response by the opposing party. A prima facie case may be insufficient to enable a party to prevail if the opposing party introduces contradictory evidence or asserts an affirmative defense. Sometimes the introduction of prima facie evidence is informally called making a case or building a case.

The Desparation of an unrepresented litigant

2007-06-21T17:04:00.001-04:00

In Family court, an unrepresented litigant is placed in a desparate situation. Needing guidance on procedure. All of a sudden having to try and figure out where they can receive assistance. Finding a closed door at many turns, or limitations to assistance. This is just one of the desparatons of an unrepresented litigant undergoing litigation with the court clock ticking and never waiting for anyone -- unless ofcourse you have an attorney. . .

18B Law Panel Attorneys

2007-06-21T17:04:00.000-04:00

It is not news to any litigant of the family court to realize that their 18B Law Panel attorney is not zealous about their case. Their pay out of court is $45/hour, in court $75/hour. Some 18B Law Panel attorneys can make a decent living if all they accept are indigent cases. Some can make an excess of 100K per year, that is a nice little income on the side of any other litigation they might take on and is worth it for an 18B Law Panel attorney to extend a case longer than it should.

Why does an attorney argue false claims to win a case?

2007-06-21T03:02:00.006-04:00

Why does a layperson have to make it point to correct procedural issues, legal issues, and then the very same court that is supposed deliver justice is the exact same court that rebuffs legitimate legal arguement. Why at the trial level do triers of fact come to decisions and rulings without a fact finding hearing.

Harassment/Abuse from an opposing counsel along with thier client

2007-06-21T03:02:00.005-04:00

There is no litigant in any court in the U.S. that must tolerate any litigants harassing counsel in addition to their client. There are ethical issues involved which can be reported to each respective Bar Association of [that] state.

Exparte Hearings - How?

2007-06-21T03:02:00.004-04:00

How does a court enter a judgement ex-parte in a custody and visitation case? When an attorney presents prima facie evidence and the other party is not present to rebut.

Exparte Communication with a Law Guardian

2007-06-21T03:02:00.003-04:00

Is exparte communication allowed? NO.

Both attorneys have the responsibility to notify the each other, express the need to involve the law guardian, and then speak with the law guardian at once, not individually.

Is exparte communication allowed by the litigant(s) of the "retained" attorney? NO.

Both litigants are not allowed to contact the law guardian under no circumstance.

Best Interests of the Child and Paternity

2007-06-10T17:03:00.000-04:00

The Best Interests of the Child and Paternity of the Child. It is in the best interests of the child to establish paternity first. This must be the first order of business.

Equitable Estoppel

2007-06-10T17:01:00.000-04:00

Equitable Estoppel must not stand if the petitioning party's claim of concealmnt, false representation and concealing of material facts is not true. He must prove concealment. equitable estoppel. where a court will not grant a judgment or other legal relief to a party who has not acted fairly; for example, by having made false representations or concealing material facts from the other party. This illustrates the legal maxim: "he who seeks equity, must do equity." Example: Larry Landlord rents space to Dora Dressmaker in his shopping center but falsely tells her a Sears store will be a tenant and will draw customers to the project. He does not tell her a new freeway is going to divert traffic from the center. When she fails to pay her rent due to lack of business, Landlord sues her for breach of lease. Dressmaker may claim he is equitably estopped

Consistent Rulings on Matters of Law

2007-06-10T16:55:00.000-04:00

In any court of law consistent rulings must be made in matters of law. A trier of fact cannot circumvent what is law and make up what is not law. Inconsistent Rulings are matters for either the trial court to fix or for the Appellate Division to review and overturn. One trier of fact in a custody and visitation proceeding between the same parties in the same court regarding the same child cannot rule one way, while the trier of fact in a support proceeding rules by the rule of law.

Professionalism, Work ethic, Level of knowledge from a Clerk

2007-06-09T12:44:00.000-04:00

It is horrifically scary to approach a clerk with questions and/or requests and receive in return a puzzled look as though you are speaking another language. It is horrifically scary to approach a clerk and understand what question you asked of this clerk and/or request and they do not identify with what you ask. This reflects poor training and creates a difficulty in communicating with the clerk. The clerk becomes diffucult and frustrated because you are causing them to perform duties that (1) they do not want or feel like doing (2) they must inquire of an immediate supervisor or other clerk about your request and/or questions, which sometimes with person(s) do not want to appear to their supervisor or co-works as if they do not know such information. It would seem to me that training, apathetic attitudes is extremely unprofessional in any court, especially a family court where adjudication of very serious issues and emotions are involved for the litigant unrepresent or represented.

Communication with the Trier of Fact

2007-06-09T12:38:00.000-04:00

Recently I learned that only an attorney can contact the trier of fact via facsimile regarding rescheduling adjournment dates or any other issues. That is a serious disadvantage to a litigant that is unrepresented. The matter of fact is that if a represented party is able to make contact and an unrepresented party is not, this in and of itself sets an impression onto to the trier of fact of [that] litigants level of responsibility and their willingness to actively participate in the litigation. If an unrepresented litigant does not answer in a timely fashion, it makes the unrepresented litigant look foolish before [that] trier of fact and indeed does set a first impression that is bias. By the time an unrepresented litigant sends a letter by mail, it is of course past the dates that were being suggested for possible hearing.

Legal Representation in Civil Support Matters

2007-05-13T18:18:00.000-04:00

There will be several petitions for certain changes in the Staten Island Family Court. For this particular petition, I will need the support and signatures of litigants on Staten Island who have been before a Support Magistrate without representation. This petition will be available online and I will be walking around with a paper petition as well.

There is what began as a pilot program in Bronx County where under the auspices of New York City. Attorneys with base salaries and state benefits packages represent indigent single parents in civil support cases. This program is highly successful. I would like to bring this program to Staten Island. There are many women that need assistance here on Staten Island. That is my first of many battles with this court for change in judicial processes, professionalism from court staff and judiciary as well as create an unbiased environment for litigants.

I have contacted the Bronx County program and currently am in talks with regards to how this program came about, apparently it is soley for Bronx County. I was told that there are more single parents in Bronx County than any other. However, is that fair to single parents on Staten Island? NO.

The Rule of Law

2007-05-13T17:22:00.000-04:00

I can appreciate a respectable trier of fact that follows the rule of law rather than the spirit of the law, one such example is the Support Magistrate Weir-Reeves of the Staten Island Family Court. I have first hand witnessed her decisions and come to the realization that Ms. Weir-Reeves is the type of trier of fact that sticks to that rule. I would like to see Ms. Weir-Reeves assume a position in the judiciary on Staten Island wherein she can make a difference just as a recently retired Judge Porzio of this family court accomplished when appointed by Mayor Guliani.

Dereliction of Duty and Malicious Law Guardian

2007-05-13T17:19:00.003-04:00

In the Staten Island Family Court it is common for women to face bias from 18B Law Panel Attorneys PERIOD. Whether these Law Gardians represent children of litigants in the custody part primarily.

Law Guardians do in fact appear to represent the child's best interests in child support hearings. Who said they do not? There is plenty of case law to support this statement.

Decisions are not made in the best interest of children as is thought. Let me take a moment today 5/2/08 to expound on this post about law guardians.

A position where they are paid by the state and governed by the state. Everyone is on the same payroll.

This by virtue is so manys ways is very much like owning your own business and co-mingling the funds.

Legal representation is one of zealousness

2007-05-01T11:38:00.000-04:00

Moblog