Shereen Bobrowsky, the disabled Yonkers woman, a senior, who claims there’s an ongoing attempt to wrongfully foreclose on her property-and to harass and intimidate her-wants to know why Judge Paul I. Marx, who’s presiding over the case hasn’t sanctioned the opposing party for violating deadlines set by the court for delivery of documents.

Separately, after reviewing some of the documents that are on the docket in the State Supreme Court, Westchester County, White Plains, New York, in light of past reports about compromised records in various court jurisdictions, in New York and elsewhere, this reporter is curious as to why there were no decisions and orders of the many motions Ms. Bobrowsky entered that requested important items such as “the accounting” and the Pooling and Servicing Agreement (PSA).

Ms. Bobrowsky, who is in her 70s, also believes a campaign to intimidate her has escalated and now become dangerous. Recently, after a short drive from her home, she realized she had a flat front tire. When she got out to inspect the flat, she discovered that a nail had been stuck into the tire.

“It’s one thing to send someone to snoop around my property or to steal my garbage,” Ms. Bobrowsky says, describing past incidents. “But to start puncturing my tire, knowing that I have to drive down a steep slope as soon as I leave my property, that’s something else,” she says.

Ms. Bobrowsky was sued by US Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee for REO Trust 2017-RPL1, in the New York State Supreme Court, Westchester County, White Plains, New York.

This is a second article by Black Star News covering her ordeal, which she says keeps her awake at night and leaves her sick with a migraine headache, sometimes for days.

Ms. Bobrowsky says she has not missed a single mortgage payment since January 2003, and she has her records as proof. Yet, she is facing what she calls a third “wrongful, fraudulent, and illegal foreclosure” lawsuit. The first two-one in 2016 and the second in 2020-were both voluntarily discontinued by the bank, for no reason except to stall, causing her harm, Ms. Bobrowsky says. “In December, governor Hochul signed a bill into law called the foreclosure abuse prevention act that’s meant to prevent the type of abuse I’m enduring,” she says.

Ms. Bobrowsky previously complained of harassment by a man who comes to her home monthly to “inspect” the property, purportedly for the mortgage servicer (Nationstar dba Mr. Cooper), who Ms. Bobrowsky believes is behind the three lawsuits based on the same allegations. The man, whose identity she does not know, has taken her picture occasionally and one time even peered into her home from the window, she says.

Max Saglimbeni, an associate with Knuckles Komosinki & Manfro, LLP., the firm representing the plaintiff, didn’t respond to an earlier e-mail message from Black Star News asking him if the unidentified man works for his client. Ms. Bobrowsky said the man has not shown up since the first Black Star News article.

Also, Mr. Saglimbeni’s firm billed Ms. Bobrowsky $30,000 in legal fees for the work that they say they’ve done for their client. Mr. Saglimbeni didn’t respond to an earlier e-mail message by Black Star News inquiring about the bill and whether Judge Marx was aware of it.

Then recently, on two separate occasions, Ms. Bobrowsky’s green garbage bags disappeared. She suspects whoever stole them is fishing for evidence and she filed a police report after the first incident. “Now I put my dog’s pooh-pooh on top of the bag,” she says.

However, the tire incident suggests that whomever is trying to intimidate her is getting desperate, Ms. Bobrowsky says. One recent morning, accompanied by her 85-year-old cousin, the two were driving downhill to head to the farmers’ market when she realized she had a flat. After discovering the nail, she took her vehicle to a nearby repair shop.

Ms. Bobrowsky is confident justice will prevail if the court goes by the evidence alone. Yet, she’s troubled, she says, by the fact that Judge Marx didn’t sanction the plaintiff, through Saglimbeni, after they failed to deliver to her all the documents by the deadline as instructed by the court.

At an Aug. 21, 2024 hearing covered by Black Star News reporter Colin Benjamin, Judge Marx had directed Saglimbeni to produce the following documents to Ms. Bobrowsky by Sept. 30, 2024: her complete payment history; a copy of the promissory note and of all assignments and the attached allonges; a copy of the mortgage; a copy of all default notices, including the 90 day notice prior to initiating foreclosure as required by New York law; a copy of the affidavit of service, and; any documents that Saglimbeni intended to use for the summary judgment motion he told the judge that he intended to file.

The Sept. 30 deadline came and went, and the plaintiff hadn’t produced all the documents as directed by Judge Marx, including the critical complete payment history, and the promissory note and all assignments and the attached allonges, Ms. Bobrowsky says.

Yet, the court still allowed Saglimbeni to file a summary judgment motion which Ms. Bobrowsky was required to respond to-and did-by Dec. 20. “I’m the only one who’s supposed to play by the rules?” Ms. Bobrowsky says. “I’m also very concerned that the court has not provided any written decision and orders on my motions requesting the vital accounting, as well as the pooling and servicing agreement. This deprives me of my right to appeal.”

Judge Marx didn’t respond to questions about these two purported orders.

Ms. Bobrowsky also noticed what she called two “strange” orders on the court docket. The purported orders are attributed to Judge Marx. One is stamped on the upper right corner of a letter that Ms. Bobrowsky submitted to the court, and; the second one is stamped on the lower right hand of the letter. The first order, bearing a signature attributed to Judge Marx, stated, in part, “…the court accept’s plaintiff’s counsel’s representation in his letter dated 11/12/24 that the full payment history has been provided and that the Note and Allonges have been made available to the defendant…”

“This is nonsense. Why would I be requesting for the full payment history if they were provided,” Ms. Bobrowsky says. “Just like I said last time, I may be old and appear slow at times, but I’m no fool. I wonder how many other vulnerable homeowners are treated this way.”

“Instead of taking plaintiff’s word, ex parte, that plaintiff complied, Judge Marx should hold a hearing so both sides can be questioned and have the plaintiff produce the documents in open court,” Ms. Bobrowsky says. “I am being egregiously prejudiced by the withholding of documents with no sanctions against plaintiff. I have been requesting various documents for over one year now to no avail while discovery and depositions are also being withheld.”

“I demand sanctions for plaintiff’s failing to disclose the documents I have been requesting for over a year. But I also request the court to allow for full discovery for which I am entitled. I initially had an attorney but the court allowed him to be relieved as counsel over my objections. Now, all my requests seem to be for naught in this third foreclosure action that is based on clear fraud,” Ms. Bobrowsky adds.

The second order, on the lower right portion of Ms. Bobrowsky’s letter, also bearing a signature attributed to Judge Marx, stated: “The court apologizes. The documents which were to be delivered for in camera inspection, were in fact, delivered, timely, but through oversight, have not yet been reviewed.”

This was in reference to the un-redacted Pooling and Servicing Agreement (PSA), which Ms. Bobrowsky has been denied a copy, she says. The version Saglimbeni sent her is so redacted that it’s illegible, she said. Ms. Bobrowsky was informed previously that the court also hadn’t received an un-redacted copy; yet the purported order attributed to Judge Marx claimed a copy was indeed submitted.

“By saying I’m not entitled to an un-redacted Pooling and Servicing Agreement is akin to saying I’m not entitled to a defense. Plaintiff, and the court, are also refusing to supply the name of the Pooling and Servicing Agreement, which is on the SEC website, but cannot be looked up without a name,” Ms. Bobrowsky says.

Ms. Bobrowsky says Judge Marx is wrongfully denying her access to Pooling And Servicing Agreement (PSA).

A second document that Ms. Bobrowsky discovered on the docket, a “Court Notice,” dated Nov. 13, 2024 stated in part: “The court has reviewed the Pooling And Servicing Agreement (“the Agreement”) which was submitted by Plaintiff’s counsel, as directed. Defendant’s request for an unredacted for an unredacted copy of the agreement is denied.” Ms. Bobrowsky states that since this was not a decision and order but merely a Court Notice, she cannot appeal the denial.

“I don’t know whom and what to believe anymore,” Ms. Bobrowsky says.

Judge Marx did not respond to an e-mail message from Black Star News seeking confirmation that the purported ex parte orders were authentic and that the two signatures belong to him. The judge also didn’t respond to a question seeking confirmation that he did in fact receive and review an un-redacted copy the PSA, and a question as to why Ms. Bobrowsky can’t be provided with a copy.

The questions sent to Judge Marx were also copied to New York State Attorney General Letitia James, Yonkers Police Commissioner, Christopher Sapienza, the plaintiff’s lawyer Saglimbeni, and Judge Anne E. Minihan, the District Administrative Judge.

“Your e-mail is received,” Judge Minihan’s office responded, confirming receipt of the copied questions.

As reported in the earlier Black Star News article, the plaintiff also failed to provide the complete payments history when directed on Dec. 21, 2023, to be supplied within three weeks to do so by court attorney referee, Sheila Gabay, when the matter was in settlement conference, Ms. Bobrowsky says.

Ms. Bobrowsky previously alleged that the signature attributed to Ms. Theresa Barrett, as the person who signed and notarized that she witnessed Ms. Tamara Sulea execute an assignment of mortgage on September 6, 2019 is “a forgery”-an allegation which has since been confirmed by the authorities in Los Angeles, Ca., where Ms. Barrett’s notary oath is kept, Ms. Bobrowsky says.

What’s more, Ms. Bobrowsky claims, the purported assignment of mortgage filed in the Westchester County Clerk’s office is also fraudulent. The document states that it was executed on Nov. 6, 2019, which is two months after Notary Public Ms. Barnett’s signature-the same signature Ms. Bobrowsky claims was forged.

Mr. Saglimbeni also didn’t respond to questions about this allegation. “I’m perplexed as to why the Westchester County Clerk Timothy Idoni has not referred the filing of a false instrument for investigation by the District Attorney or the Attorney General,” Ms. Bobrowsky says. “When a fraud is brought to the head of the county clerk, they have a duty to maintain the laws in its government entity. Filing a false document is a misdemeanor, but when it affects a deed, it is a felony.”

If you’ve been the victim of an illegal or wrongful foreclosure and have documentation please reach the reporter at mallimadi@gmail.com

The post Elderly Yonkers Homeowner In Alleged “Wrongful Foreclosure” Questions Why Judge Marx Won’t Sanction Plaintiff for Violations appeared first on Black Star News.

Photos: Above Frank Cassisi: Cassisilaw.com\Below Ashmeen Modikhan: Ashmeen Modikhan\Bottom Darren Aronow: Aronowlaw.com

A lawyer who works with the New York State Grievance Committee, involved in reviewing complaints filed by a former client against two attorneys, has referred the cases “for appropriate action” to the office of the Chief Counsel, according to at least three people familiar with the matter. 

The complaints by Ashmeen Modikhan against Frank J. Cassisi, who’s alleged to have filed multiple forged documents in two court proceedings, and, separately, against  Darren A. Aronow, who’s alleged to have steered her into a loan modification scheme, were referred for the “appropriate action” in a letter dated Sept. 26, 2024 to the Chief Counsel. 

A spokesperson for the Grievance Committee wouldn’t comment on whether there would be any action taken against Cassisi and Aronow when contacted by Black Star News. 

Cassisi didn’t respond to an e-mail message seeking comment; Brian Isaac, an attorney representing him in another matter involving Modikhan also didn’t respond. 

Aronow also didn’t respond to an e-mail message seeking comment; Richard Artura, who represents Aronow in an alleged malpractice action in the bankruptcy court by Modikhan also didn’t respond. 

Modikhan had complained to the Committee in a letter dated Sept. 6, 2024.

The complaint by Modikhan, a former American Airlines employee, stated that she’d hired Cassisi to represent her after the door of a bus operated by Golden Touch Transportation of New York Inc., a vendor for the airlines, shut prematurely and crushed her right hand and arm in 2014. “I live in constant pain in my right hand, arm, shoulder 

neck and back as a result of the internal and external injuries sustained. I was also subsequently diagnose[d] with Complex Regional Pain Syndrome (CRPS),” Modikhan’s complaint stated. 

After the lawyer filed a $5 million lawsuit against Golden Touch, “Cassisi kept me in the dark and offered no reason why the case dragged on for years. It is only through recent reporting by Black Star News…” the complaint stated, “that I became aware of Cassisi’s schemes.”

Attached to the Grievance Committee complaint is a Black Star News articles detailing how, over the years, Cassisi filed multiple forged documents in New York State Supreme Court; he also filed a forged retainer—without a date on it and with a signature that doesn’t match the signature on the dated version in Modikhan’s possession—in the U.S. Bankruptcy Court, Eastern District of New York, where it remains on the docket. 

In the complaint, Modikhan informed the Committee that while dealing with the  personal injury case she’d also been fighting “illegal foreclosure” against her two Queens properties initiated by two law firms, Rosicki Rosicki and Associates, and Berkman, Henoch, Peterson, Peddy & Fenchel P.C., respectively, in 2010 and in 2012. Rosicki, the complaint noted, was later sued by the federal government for engaging in widespread fraudulent foreclosure practices and fined $6 million.

The complaint outlined how Modikhan hired Aronow in 2019, to represent her in the alleged wrongful foreclosure matters that led her to bankruptcy. The complaint stated that Aronow “steered” Modikhan into a “loan modification scheme” in the Bankruptcy Court, Eastern District. “When I hired Aronow in 2019, I was unaware that he had been sanctioned by the State of Maryland. He took money from 44 homeowners and never delivered on the loan modifications he promised them. He had to refund $122,661.50,” the complaint, with a copy of the Maryland settlement attached, stated. “The Consent order he signed ordered him to cease the practice of illegally collecting monies for loan modifications, yet he continued in New York as my case shows,” the complaint stated, referring to Aronow. 

According to Modikhan’s complaint, judges presiding over the foreclosure cases allowed fraudulent forged proofs of claim (POC) to be introduced in the State court and later in the Bankruptcy court. The complaint stated that, therefore, since there are actually no legitimate creditors of record with standing, the current presiding judge Jil Mazer-Marino never should have lifted the stay on sale of her two properties. For the same reason—absent legitimate creditors with standing—her personal injury case never should have been attached by the Bankruptcy court, the complaint stated. 

“Since 2022 Black Star News has been reporting on my cases and publishing articles,” Modikhan’s complaint added. “The most recent article outlines how Cassisi colluded with the Chapter 7 Trustee, Alan Nisselson, in my bankruptcy case and filed several documents with forged signatures in my personal injury case in the State court and in the Bankruptcy court.”

“Both the presiding Judge Jil Mazer-Marino and the trustee Alan Nisselson have ignored Cassisi’s illegal activities. The forged/fraudulent documents remain on the court’s docket and the Committee and law enforcement can review. Judge Mazer-Marino also allowed purported creditors to file fraudulent Proofs of Claim (POC) 5.1 and 6.1 for my properties. I now wonder how many more forged/fraudulent documents in other cases are also on the court’s docket today in light of my experience,” the complaint added. 

“I am still fighting the illegal foreclosure on my properties, the wrongful sales of my properties, the pending illegal evictions Civil Court Housing Part, and the illegal attempt by the bankruptcy court trustee to seize control of my personal injury case even though there are no creditors of record whom I owe money,” the complaint stated.

Modikhan copied her Grievance Committee complaint to: Governor Kathy Hochul; Attorney General Letitia James;  U.S. Attorney Damian Williams Jr.; Queens DA Melinda Katz; Judge Marguerite A. Grays (New York State Supreme Court); Judge Alan Trust (U.S. Bankruptcy Court Eastern District of New York); Judge Vijay M. Kitson (Housing Court); Cassisi; Aronow; and two publications. 

The post Grievance Committee Counsel Refers Complaints Against Two Attorneys—Cassisi And Aronow—For “Appropriate Action” appeared first on Black Star News.

NEW YORK – On the first day of Gun Violence Awareness Month, New York Attorney General Letitia James today took action to crack down on firearms sellers illegally selling and advertising gun parts that are used to create homemade, untraceable firearms, known as ghost guns.

An investigation by the Office of the Attorney General (OAG) found that 28 firearms sellers across the state advertised and/or offered to sell one or more unfinished frames, receivers, and/or kits containing both. The OAG’s investigation found that a majority of these gun sellers were located in Western New York and on Long Island. New York law prohibits the sale, exchange, or disposal of unfinished frames and receivers. In cease-and-desist letters to all 28 dealers, Attorney General James ordered these businesses to immediately stop advertising and selling the prohibited parts and warned of the legal consequences, including imprisonment, if they do not comply.

“Ghost guns are fueling the flames of the gun violence epidemic, and we will not sit idly as they proliferate in our streets and devastate communities,” said Attorney General James. “Across the nation, too many lives are being lost because of these untraceable and unregistered weapons that anyone can get their hands on without a background check. We are not going to wait for another tragedy, my office is taking action to crack down on gun sellers that are illegally advertising ghost guns. If gun sellers do not comply with the law, they will face the full force of my office.”

The OAG’s investigation found that most of these firearms sellers advertised the prohibited unfinished receivers, frames, and kits online or at gun shows. They advertised them on their websites, with some allowing consumers to buy online and others telling consumers to call and ask for the price. Today’s enforcement action is the result of the Jose Webster Untraceable Firearms Act and the Scott J. Beigel Unfinished Receiver Act, which recently came into effect and criminalizes the sale of ghost guns and requires gunsmiths to register and serialize all such firearms.

Nine of these businesses are in Western New York, six on Long Island, five in Central New York, four in the Hudson Valley, two in the Southern Tier, and one in the Capital Region.

Unfinished receivers and frames, also known as 80 percent frames, do not have serial numbers and can easily be used to make untraceable guns, or ghost guns, at home using basic tools. Unfinished receivers hold the upper, lower, and rear portions of a semiautomatic rifle together. Purchasers of unfinished receivers only have to make a few small changes with a common drill press to transform an unfinished receiver into a fully operational one. Once milled, a receiver may be readily turned into a fully-assembled, illegal assault weapon. Similarly, a purchaser of an unfinished frame can use commonly available tools to finish the frame, which may then be readily assembled into an untraceable handgun.

Some of the businesses identified by OAG were selling kits that contained unfinished frames and the tools needed to put a finished gun together at home. They advertised “blank serialization plates,” which makes the firearms untraceable.

The OAG identified the following illegal products advertised by these gun dealers.

In her cease-and-desist letters, Attorney General James reminds the gun sellers that it is illegal in New York for any person not licensed as a gunsmith or dealer in firearms to knowingly possess an unfinished frame or receiver, and false or misleading advertisements about the legal risks of buying an unfinished frame or receiver could subject them to disgorgement, restitution, and penalties of up to $5,000 for each violation.

“For too long, ghost guns have been haunting our streets and taking lives. I have been warning about these dangerous gun kits for years, and we must take more aggressive action now to stop them from further proliferating,” said U.S. Senator Charles Schumer. “The new federal rule issued by the Department of Justice earlier this spring will help keep ghost guns off our streets, but there is still more to be done. That’s why I’m proud to support Attorney General James in cracking down on New York gun dealers who are illegally selling and advertising ghost gun parts. The time is right now to take action on these ghost guns because they are too easy to build, too hard to trace, and too dangerous to ignore.”

“It is chilling that anyone — including convicted felons and domestic abusers — can bypass the background check system and purchase individual, untraceable gun parts to build a homemade assault-style weapon,” said U.S. Senator Kirsten Gillibrand. “We have to do more to combat the epidemic of gun violence in New York, and I thank Attorney General James for taking this decisive action to crack down on firearms dealers.”

“Uvalde. Buffalo. Sunset Park. New Yorkers are sick to their stomachs from bearing witness to horrific tragedies because of our federal government’s failure to properly regulate guns,” said State Senator Brad Hoylman. “In the federal void, New York is leading the way. Last year, we made ghost guns illegal. They are dangerous, untraceable firearms bought by people looking to evade New York’s robust background check requirements. Thanks to the leadership of Attorney General James, now the 28 firearm sellers across the state advertising or offering to sell these ghost gun parts are looking at serious consequences if they do not comply. I am proud of the progress we made and are continuing to make throughout New York state to help prevent further gun violence.”

“We passed the Scott J. Beigel Unfinished Receiver Act last year because too many people were exploiting a loophole in our gun laws and getting their hands on dangerous, untraceable ghost guns without ever going through a background check,” said State Senator Anna M. Kaplan. “I’m proud that the law I sponsored is now being used by Attorney General James to crack down on gun sellers who were selling these dangerous weapons in our community, and I applaud her efforts to hold these individuals accountable and keep our communities safe from the epidemic of gun violence.”

“Gun violence is ravaging communities across our state and country,” said Assemblymember Charles D. Lavine. “The last thing New Yorkers need is more untraceable guns flooding our streets and devastating communities. I am proud to have sponsored the Scott J. Beigel Unfinished Receiver Act to protect New Yorkers, and I thank Attorney General James for taking action to enforcing it.”

“No one is above the law. Contrary to the belief of many gun enthusiasts, that extends to firearms sellers now that my law to ban the sale, possession, and exchange of unfinished frames and receivers went into effect,” said Assemblymember Linda B. Rosenthal. “In the aftermath of the devastation wrought by guns in Buffalo and Uvalde, we must continue to take every action we can to protect every single New Yorker against preventable gun violence. I applaud Attorney General Letitia James for taking swift and aggressive action to crack down on firearm sellers and get ghost guns off the street. I look forward to continuing to provide her office, and law enforcement across the state — with powerful tools to get guns and the dangerous criminals who use them off the street.”

“Gun manufacturers and shops that flout the law by selling untraceable ghost guns are a central cog in the gun violence epidemic,” said Zeenat Yahya, policy director, March For Our Lives. “While gun shops and producers chase profits at any cost, children suffer the consequences. This last year guns became the leading cause of death for children in America, for the first time outpacing motor vehicle deaths. That horrifies us and scares us. We’re pleased that Attorney General Letitia James is taking this important step to ensure that our laws aren’t just paper tigers, and that they actually serve to protect young people and our communities.”

“When gun manufacturers and dealers break the law and flood our communities with illegal ghost guns, New Yorkers pay the price with our lives,” said Nick Suplina, senior vice president for law and policy, Everytown for Gun Safety. “We’re grateful that Attorney General James is taking these lawbreaking members of the gun industry to task for their role in facilitating our gun violence epidemic.”

“There’s no reason why anyone should have access to untraceable, unserialized ghost guns — and when companies illegally sell those ghost guns, they’re putting our lives in danger,” said Nathalie Arzu, volunteer, New York chapter of Moms Demand Action, and a member of the Everytown Survivor Network whose 16-year-old brother, Jose Webster, was shot and killed in the Bronx in 2011. “Attorney General James has been a leader in getting ghost guns off our streets and going after those who put them on our streets in the first place, and New Yorkers are safer as a result of her decisive action.”

Today’s action is the latest example of Attorney General James’ commitment to cracking down on ghost guns and combatting gun violence in New York. In April 2021, Attorney General James sent a letter to U.S. DOJ urging them to strengthen federal regulations on ghost guns. In February 2021, Attorney General James led a coalition of 21 attorneys general from around the nation in filing an amicus brief in the case Grewal v. Defense Distributed before the U.S. Supreme Court, where the coalition fought a lawsuit that seeks to stop states from enforcing their laws against a company disseminating dangerous 3D-printed gun files on the internet.

In September 2019, Attorney General James sent cease and desist letters to the companies behind a number of websites selling incomplete weaponry pieces to New Yorkers that could be easily assembled into illegal assault weapons. In July 2020, Attorney General James announced that all the companies behind the sale of these firearms or firearms components had complied with her cease and desist letters and ended the sale of these weapons to New Yorkers.

To date, Attorney General James has taken more than 3,000 firearms, including dozens of ghost guns, out of communities through gun buyback events and takedowns of violent drug and crime rings since taking office in 2019.

The post AG James Cracks Down On Gun Sellers Illegally Selling Ghost Gun Parts appeared first on Black Star News.

[Speaking Truth To Power Column]

It’s obnoxious and cruel that a State Supreme Court Judge, in Queens county, is dangling a seven-year-old child as hostage until her father pays $82,728 to his wife’s lawyer even though the couple has a prenuptial agreement.

The prenuptial agreement precludes Dr. Robby Mahadeo from paying for his wife Priya Mahadeo’s legal fees in a divorce proceeding. Yet, for the last five years, two judges have been arm-twisting Dr. Mahadeo, threatening him with jail time, to force him to pay his wife’s lawyer, Alyssa Eisner. The lawyer was aware of the existence of the prenuptial agreement when she was retained. 

The judge currently handling the case, William Viscovich, has issued a warrant for Dr. Mahadeo’s arrest unless he pays the fees. He’s also suspended Dr. Mahadeo’s twice-a-month visit with his seven-year-old daughter. Dr. Mahadeo hasn’t seen two of his older children for five years, based on a lie that could have been quickly exposed and which, Viscovich—so focused on getting Eisner paid—could address in one day.

I’ve been writing about Dr. Mahadeo’s plight since 2019, but in recent months, Viscovich has kept me out of his courtroom, fearing scrutiny. 

On Jan. 4, 2022, Judge Viscovich sent me an e-mail message at 12:58 p.m. stating: “Canceled: Mahadeo v Mahadeo 712027/2021. This event has been canceled.” On that date, Viscovich was supposed to rule on an emergency motion filed by Eisner, to be relieved as counsel. Dr. Mahadeo had filed a motion for Eisner to be sanctioned for allegedly filing false fraudulent affidavit of personal service. Yet, the proceedings went on as scheduled at 2:30 p.m. Viscovich didn’t relieve Eisner as Mrs. Mahadeo’s counsel. Instead, he ordered Dr. Mahadeo to pay her the $82,728 in legal fees or face jail time. 

Judge Viscovich seemed to resent Dr. Mahadeo’s professional success. “I suspect, if I asked the gentleman what kind of car he drives today, it is, would not be a Datsun, okay?” Viscovich said, referring to Dr. Mahadeo, according to the transcript. “By the way, it would not be a 2007 Hyundai like the one I have, okay?” 

At one point Viscovich asked Eisner how much money she’d received out of attorney fees that Mahadeo says he’s already paid, she responded: “Zero.” Mahadeo says he has canceled checks to show he’s paid Eisner at least $18,000 in fees when the case was previously handled by another judge, Margaret McGowan, who’d also threatened to throw him in jail. Viscovich, at the hearing also said he would consider Eisner’s request to have Dr. Mahadeo’s passport suspended; he also said he would consider suspending his driver’s license and license to practice medicine. 

Dr. Mahadeo appealed Viscovich’s order for the payment to Eisner and deposited a bank check of $153,978 with the clerk, to cover the amount awarded to Eisner with the balance going to Mrs. Mahadeo. Dr. Mahadeo got an automatic stay on Jan. 13, at 4:45 p.m. However, Judge Viscovich decided to work overtime. He issued a sua sponte order—this is when a judge takes action without a motion by either party—at 5:30 p.m., lifting the stay. The court date for the payment to Eisner was Jan. 14, at 9:30 a.m., giving Dr. Mahadeo no time to take any action. What’s more, on Jan. 4, 2022, Judge Viscovich had issued an order barring Dr. Mahadeo’s lawyer from filing any motions without his permission. Judge Viscovich ordered the clerk to reissue the $153,978 check to Eisner and ordered Dr. Mahadeo to come up with an additional $106,000. He also issued a warrant for Dr. Mahadeo’s arrest. 

Judge Viscovich previously blocked me from covering an earlier hearing involving Eisner, on Nov. 16, 2021. On that occasion, his law clerk sent me an e-mail message stating: “At a virtual conference today on the record with the attorneys and the parties, J. Viscovich denied the application on the basis of the best interests of the children.” 

Best interest of the children? More like in the best interest of Eisner.

The purpose of that conference was for the judge to decide on a motion by Dr. Mahadeo through his attorney, Ioannis P. Sipsas, for a traverse hearing to determine whether Eisner had lied about properly serving Dr. Mahadeo with a contempt motion. Eisner claimed her process server Mark Wasserman, had served Dr. Mahadeo on July 27, 2021; Dr. Mahadeo says he was at a doctor’s appointment. The judge denied a hearing on Dr. Mahadeo’s motion. Had it been established on the record that she’d lied, It would have vacated Viscovich’s entire order, including Eisner’s fees.

Subsequently, Mahadeo claims Eisner filed another false affidavit, claiming her process server Brian Hamid, personally served him on November 30, at 6:17 p.m. with Judge Viscovich’s order granting her fees. Mahadeo says this was a lie, unless Hamid had been aboard TAP Portugal Airlines, Flight TP 209 from Portugal to the U.S.; Dr. Mahadeo was on that flight, which didn’t land at JFK until 8 p.m. 

Sipsas had filed a motion of perjury on Dec 20, 2021, stating, if it was proven Eisner lied, then “… all involved must be held in contempt.” Sanction against attorneys who file false affidavits include disbarment. So Viscovich has decided to turn two blind eyes. 

Readers can’t understand Judge Viscovich’s vendetta against Dr. Mahadeo without some history about this case. 

The campaign against Dr. Mahadeo started five years ago when the case was assigned to Judge Margaret McGowan, also in Queens county. The judges, it appears, always side with the Attorneys For the Children (AFC), even when they blatantly lie, Dr. Mahadeo says. On Dec. 15, 2017, Mrs. Priya Mahadeo and AFC Rayaaz Khan, alleged, without any proof, that Dr. Mahadeo had fed peanuts to their youngest child—who was then three years old—even though he knew she was allergic, leading to a medical reaction. 

Doctors at the hospital where the child was treated provided Dr. Mahadeo with a letter stating the child had suffered from a strep infection and not an allergic reaction to peanuts. McGowan rejected the letters and, according to Dr. Mahadeo, said “all doctors lie.” She scheduled a trial to determine the truth of the allegations but then canceled it at the request of the AFC Khan, who clearly feared the hoax would be exposed, Dr. Mahadeo says. Yet, on the basis of the peanuts allegations, McGowan stripped Dr. Mahadeo of his parental rights. As a result, since 2017, he hasn’t seen a daughter who was 14 and is now 18, and a son who was 12 and is now 17. 

McGowan was also determined to get Eisner—who was already Mrs. Mahadeo’s lawyer—paid. She held a trial to determine the validity of the prenuptial agreement and upheld it. Then Khan and Mrs. Mahadeo came up with a ruse, Dr. Mahadeo says. Judge McGowan went along with it. She vacated her order upholding the prenuptial agreement, claiming a “confidential informant” came forward and told her Dr. Mahadeo had bribed a witness to testify on his behalf. Khan took the “informant” to the Queens county DA’s office to be interviewed and McGowan even testified before a grand jury in an attempt to get Dr. Mahadeo indicted for the alleged crime of bribery. The grand jury did not indict. 

Guess who the “confidential informant” was? It was Mahadeo’s own son, who was then 12 years old. When the grand jury rejected the attempt by Khan, Mrs. Mahadeo, and Judge McGowan to railroad Dr. Mahadeo and have him indicted for a phantom crime, the judge had no option but to uphold the validity of the prenuptial agreement. 

Even after demonstrating her clear bias against Dr. Mahadeo, McGowan continued presiding over the case as if she were an impartial judge. After Black Star News published a series of articles about McGowan’s biased rulings against Dr. Mahadeo, the judge finally recused herself. Yet, in essence she merely made a lateral pass to her friend and colleague in Queens county, Judge Viscovich. He’s also presiding over another contentious case previously handled by McGowan, where she also recused herself–and ruled on the same case after her recusal–following a series of articles by Black Star News. (McGowan vacated one of her biased rulings after I reported the matter to the office of the governor and the attorney general). 

If Viscovich was truly interested in justice, he would have started off with a trial to determine the validity of the peanuts allegation, which was the basis on which McGowan stripped Dr. Mahadeo of parental rights. Instead, he threw some crumbs on the table for Dr. Mahadeo, allowing him to start seeing his youngest daughter, who’s now seven years old, two times a month. 

But he’s very determined to get Eisner the money, so he’s set a May 9, 2022 trial date to determine—yet again—the validity of the prenuptial agreement. Yet, even though he knows the prenuptial is valid as of now, he’s already ordered Dr. Mahadeo to pay Eisner the fees. He’s clearly revealed that he’s already made up his mind about the agreement. 

Yesterday, a spokesperson for the New York unified courts system, Lucian Chalfen, didn’t respond to a question from Black Star News inquiring about the payment ordered by Judge Viscovich. The question was resubmitted today and copied to the Chief Administrative Law Judge, Lawrence Marks, and the Administrative Law Judge, Marguerite Gray.

On Jan. 10, 2022, I sent Viscovich a letter asking for an explanation for ordering Mahadeo to pay Eisner the fees when there’s an existing prenuptial agreement. I also asked why he hadn’t held a trial to determine the truth behind the peanuts allegations, and whether he intended to permanently block me from covering the Mahadeos’ case and other matters before him. Previously, his colleague, McGowan had also barred me from her court room “in the interest of the children.” 

The interest of the children? 

On Jan. 14, 2022, Judge Viscovich suspended Dr. Mahadeo’s bi-monthly visits with his daughter to force him into paying Eisner’s fees. The tyrannical out-of-control judge is penalizing a seven-year-old girl and depriving her of the joy of spending a few hours a month with her father, and eating ice cream and pizza, due to his personal animus toward Dr. Mahadeo.

This is beyond cruelty.

Where are the adults in State Supreme Court, Queens county?

Note to readers: If you’ve been subjected to biased proceedings in any court by any judge and have documentation please contact mallimadi@gmail.com Follow me @allimadi on twitter.  Also see the Petition asking for the governor to remove Judge McGowan from the bench. 

The post Divorce: NY State Supreme Court Judge, Viscovich, Dangles Child “Hostage” To Force Wrongful Fees Payment by Father appeared first on Black Star News.

[Speaking Truth To Power]

New York State Supreme Court judge Margaret Parisi McGowan threw me out of her courtroom in Queens County, Wednesday morning. 

When a judge blocks a reporter from a courtroom to prevent him or her from covering a case you know it’s no good. You know something smells. You know something is rotten. 

With Judge McGowan, the rot stinks from Queens to Mutukula.

There are many people who’ve come to Black Star News complaining about this judge. They say she’s biased. They say she picks a side and rules in their favor regardless of the facts before the court. They say she’s heartless and doesn’t care about the impact her decisions have on children involved in the middle of divorce cases. They say she orders forensic reports and that if she doesn’t like the results she simply ignores them. They say Judge McGowan thinks she’s above the law. 

I’ve covered a number of cases involving Judge McGowan and the allegations against her are compelling. Two prominent stories in Black Star News involves the divorce case of a doctor named Robby Mahadeo and another case involves a doctor named Siranush Cholakian.

Here’s just one of many egregious incidents involving Dr. Cholakian’s case. After a series of articles about her case, Judge McGowan finally recused herself. 

Yet, afterwards, she still made one more adverse ruling against Dr. Cholakian. When I inquired from a court spokesperson if it was proper for a judge to take additional action on a case after recusal, he didn’t respond. I made a second inquiry—however, this time I copied then Governor Andrew Cuomo’s office and State Attorney General Letitia James’ office. 

The very next day Judge McGowan vacated the improper ruling she had made after recusal from Cholakian’s case. 

So let me tell you why McGowan threw me out of her courtroom Wednesday. She even had the audacity to claim she was doing it in the “best interest of the children.” Nonsense. Those words were for the purpose of the transcripts. 

Here’s the story I was covering. 

A man and woman marry in Russia in 2010. The couple come to the U.S. They live in a Manhattan apartment in 2015. They had two children. The man, Dimitri Bourianov is a busy man. Always at work. The super of their building, Alvaro Rodriguez, starts visiting the Bourianov resident when Dimitri is away. He’s not visiting to fix the electrical wiring. He’s lover number one. 

The Bourianov’s move to Forest Hills, Queens. The husband is busy as usual. Working late. Traveling sometimes. His wife starts visiting a neighbor in their building named Michael Rogers. She’s not there to borrow a cup of sugar. Lover number two. Bourianov’s wife would leave the children alone at home while she was busy with Rogers. Sometimes the action was in the Bourianov home, with the children in the bedroom, separated by a wall. 

The wife wants to get a real estate license. She takes a class taught by a lawyer named Robert Lovell. He’s 68. She’s 39. They start trading raunchy messages. Eventually, while Bourianov is away at work or traveling, Lovell starts visiting their home, not to discuss her license. Lovell, who is married, is lover number three. 

Bourianov says Lovell and his wife don’t even have the decency to shield the Bourianov children from their extramarital sex. In one of the several e-mail messages they exchange, Bourianov’s wife confirms that she occasionally gave the children headphones and iPads and told them to stay in the bedroom of their one-bedroom home, watching cartoons, while she and Lovell got busy. On one occasion, reportedly, one of the children stumble into their mother and Lovell in the living room. 

Dimitri Bourianov eventually discovers hundreds of raunchy and salacious e-mail messages exchanged between his wife and Lovell. Bourianov says some of the messages were exchanged on iPads that their children had access to. 

Bourianov sues for divorce on Sept. 26, 2018. The lawyer he initially hires lives on Staten Island so he files in Richmond County. Some of the e-mail messages exchanged between Bourianov’s wife and Lovell are included as exhibits in the complaint. In one message dated June 20, 2017 his wife told Lovell that she “struggles” with her “anger” because one of the children was sick which meant the lawyer couldn’t visit her to carry out their extracurricular activities. 

Dimitri Bourianov’s case eventually shifts to Queens County where they live. Bourianov has the misfortune of having the case assigned to Judge Margaret Parisi McGowan. Bourianov says his case is simple. His wife’s behavior—not only carrying out an affair with three men at the same time, but in their own home while their young boy and girl were home—showed that she had no regard for their children’s welfare.

Bourianov wants Judge McGowan to award him primary custody with regular weekday visitation for the wife and alternate overnight weekends. Judge McGowan has been insisting on 50/50 custody. She even said she’d make Bourianov pay his wife’s legal fees if the case went to trial. The wife filed papers asking for $100,000 in legal fees. 

Bourianov says McGowan brushed off his complaint about his wife having sex with her lovers in their living room while the children were home. “So, she likes sex,” McGowan reportedly said, implying that the activities had no bearing on parenting. “Imagine if the roles were reversed and I had been having sex with a lover in the living room while the children were in the bedroom,” Bourianov says. “I wouldn’t even be allowed to see the children.” 

Nearly a year into Bourianov’s lawsuit, Lovell, the lawyer, was seen entering McGowan’s chambers where he reportedly remained for more than an hour. When Bourianov’s previous lawyer asked McGowan to recuse herself to avoid conflict of interest, or an appearance of conflict, she refused, saying Lovell had seen her on “unrelated business matter.” Sure. 

Bourianov wouldn’t budge and the trial started Sept. 22. I went to report on the case. I waited. The sergeant in charge of court officers finally told me Judge McGowan said reporters weren’t allowed in the courtroom. “She wants to keep me out so I don’t see what she’s doing,” I told the sergeant. I was halfway on my way back home when I got a text message that McGowan had reversed herself.

Conveniently, I’d missed lover number one, Rodriguez’s testimony. I returned in time for the afternoon session. Speaking for the benefit of the transcripts Judge McGowan said she’d erred in the morning. Reporters, after all, were allowed to cover the trials. Thereupon Bourianov’s wife’s lawyer, John Gemelli, made a motion to have me precluded from covering the case, due to its “sensitive” nature, he claimed. The attorney for the children, Steve Forbes, joined in, claiming news coverage could harm the interest of the children.

Judge McGowan—again speaking for the transcripts—denied the motion. She stood up for First Amendment rights and said the documents were public record. 

Then Judge McGowan denied a motion by Sari Friedman, Bourianov’s lawyer, to introduce some of the hundreds of e-mail messages exchanged between Lovell and Bourianov’s wife into evidence. Bourianov believes McGowan wants to weigh the scales of justice against him and to protect Lovell.

On Oct. 8, I wrote an article about the case. 

I referenced some of the e-mail messages exchanged between Bourianov’s wife and Lovell that had been part of the complaint filed in Richmond County. Some of the messages are also part of a forensic report by Dr. Nicole Berman, a psychologist who testified for Bourianov—some are part of a previous motion filed by Bourianov’s previous counsel, and Friedman, the lawyer will try to enter them again. So Judge McGowan is aware of the salacious e-mail messages. 

Wednesday morning, Gemelli, Bourianov’s wife’s lawyer, waving a copy of my Black Star News article again again asked Judge McGowan to preclude me from covering the case. He brought up the e-mail messages, even though they are public record. Forbes, the attorney for the children again joined in the motion. Forbes said if the children—now ages six and nine—Googled the family name “Bourianov” they would see my Black Star News article because it ranked as the 5th item.

So Judge McGowan—who on Sept. 22 denied a similar motion—agreed that the Black Star News article was harmful to the welfare of the children; not the mother having sex with lovers in the living room of their home while the children were in the bedroom or leaving them alone at home to pursue the extramarital relations. 

Lovell was supposed to testify Wednesday. 

McGowan threw me out of her courtroom to prevent me from hearing what he had to say.

Follow the author @allimadi on twitter. If any reader has encountered egregious rulings by any judge reach me via mallimadi@gmail.com 

The post Supreme Malice: Why Judge Margaret McGowan threw me Out of her Courtroom appeared first on Black Star News.

New York and national elected officials today welcomed the conviction of Derek Chauvin the former Minneapolis police officer on all three charges in the murder of George Floyd.

Chauvin was convicted of second-degree murder, third-degree murder, and second-degree manslaughter after the jury deliberated for about 10 hours.

“The verdicts delivered today were a powerful statement of accountability. George Floyd’s family and his loved ones got well-deserved closure, and all of us who deeply and personally felt his loss gained hope in the possibility of progress,” said New York governor Andrew M. Cuomo. “But while I’m grateful that the jury returned these verdicts, accountability is not the same as justice. It doesn’t make an unacceptable situation acceptable, and it doesn’t bring Gianna’s dad back. But it must fuel our continued march towards equity.”

Cuomo added: “Emmett Till. Medgar Evers. Rodney King. Amadou Diallo. Sean Bell. Trayvon Martin. Eric Garner. Michael Brown. Philando Castile. Ahmaud Arbery. Breonna Taylor. George Floyd. Daunte Wright. Adam Toledo. Our country has never fully lived up to its founding ideal, of liberty and justice for all. Still, our greatest attribute has always been our optimism, our belief in an ever better future, our faith in the strength of humanity. We saw that faith in streets across the country last summer and over the last 11 months. Our charge now is to channel our grief, our anger, our righteous energy, and make real, positive, and long-overdue change happen.”

Letitia James, the New York state attorney general said Floyd’s family and communities across the U.S. were torn apart by George Floyd’s murder. “We all watched in helpless desperation as a man was mercilessly killed by the knee of a police officer. Today, there is finally accountability for this atrocious crime that stole the life of a father, brother, son, and friend,” said Letitia James, the New York Attorney General. “I pray that the Floyd family finds some semblance of justice and peace for this horribly unjust act. While true justice will never be served as long as Black men and women are subjected to such inequality, today, we are one step closer to a fairer system.”

Rep. Hakeem Jeffries, who represents New York’s 8th Congressional District said, “In the aftermath of the killing of George Floyd, people of good will throughout America spoke up, stood up and showed up to demand justice. The jury has spoken and delivered a just verdict by convicting Derek Chauvin of murder. It’s now time for America to come together, elevate the principle of equal protection under the law and continue this country’s march toward a more perfect union.”

Cori Bush, who represents Minnesota’s 1st Congressional District said, “This trial has been nothing short of a traumatizing, painful and gut-wrenching reminder of how difficult it is to hold police accountable when they murder members of our community. Over the last month, we’ve been re-traumatized, over, and over again as we watched eight minutes and 46 seconds become nine minutes and 29 seconds. We watched George Floyd’s brother weep on the stand, we watched a young person share the horror of witnessing this murder and we watched the character of George Floyd be put on trial, despite this being the trial of Derek Chauvin.”

Bush added, “And as we were bearing this pain, we witnessed a police officer murder 20-year-old Daunte Wright just miles from the courthouse. We witnessed militarized police invade the Minneapolis area, dropping tear gas and shooting rubber bullets upon people expressing their right to protest. All of the conditions that led to George Floyd’s death, to Daunte Wright’s death, to Adam Toledo’s death remain in place. Listening to the verdict today, I wanted to be overjoyed. But the truth is we should not have to wait with bated breath to find out whether accountability will be served. We live in a country where less than 1% of police officers are convicted for murdering civilians. The officers who murdered Breonna Taylor were not convicted. The officer who murdered Mike Brown Jr. was not convicted. The officer who murdered Stephon Clark was not convicted. The list goes on and on.”

“George Floyd’s name became an international rallying cry in the wake of his murder. Millions of people took to the streets demanding justice, calling for systemic change, and chanting with a unified voice that Black Lives Matter. Those protests catalyzed a wave of reforms across the country, including here in New York, and awakened Americans of all races, colors, and creeds to the profound injustices people of color face every day,” said Eric Adams, the Brooklyn borough president and candidate New York City mayoral candidate. “Today’s verdict is a victory for justice. But as recent events have reminded us, the work of ending police abuse – a cause to which I have dedicated my life – is far from over. We mourn the untimely deaths of Daunte Wright and Adam Toledo. Just today, we also recognized Army 2nd Lieutenant Caron Nazario, a Brooklyn native who had guns drawn on him and was pepper-sprayed by police in Virginia during a traffic stop in December. Let us recommit to pursuing justice and fighting for accountability, so no more families know the pain of seeing a loved one mistreated or killed at the hands of law enforcement.”

Andrew Young, who’s also a New York City mayoral candidate said, “For nine minutes and twenty-nine seconds last summer, our nation watched in horror as George Floyd’s life was taken from him in an unconscionable act of police brutality. As is every death caused by those who are trusted to protect our communities and keep us safe, George Floyd’s murder wasn’t just injustice, it was inhuman.”

“Police mistreatment of Black and Brown Americans is both a painful, deadly reality for too many, and a moral stain on our society,” Yang added. “We have a long way to go. We must all remember that today’s verdict is the first step towards healing in our communities, not the accomplishment of deep and lasting reform to police culture.

As we have every day since his murder, today is yet another day to mourn George Floyd’s passing. But we must also use this moment to  begin a relentless pursuit of justice for the countless Black and Brown women, men, and trans people who have been killed at the hands of the police. In Minneapolis, in New York City, and across the country. We must continue to hold George’s family very close, and the family of Daunte Wright, and every other family who has lost a loved one at the hands of the police. There are far too many other families who have borne the brunt of grief and loss who have not yet seen justice, but today’s verdict is one step in the right direction.”

Ray McGuire, another candidate in the New York City mayoral race said, “Today, justice was served. Our family and community have a hole that will never be filled and our nation will continue to grieve because while some justice is available today in the case of George Floyd’s murder, his family, and the countless Black and brown people killed by police may never receive the same opportunity.” McGuire added, “Mother Gwen Carr and I went to Minneapolis to stand with the Floyd family because there is much more work to be done to fundamentally reform how we conduct law enforcement in every city, including our own. Police officers across the entire chain of command must be held accountable for the actions of their department, not just the one whose knee took a man’s life. Today, we are solemn, so that tomorrow we can make change. Let us all stand and pray with the family of George Floyd and celebrate not the verdict but George’s life and memory.”

New York City comptroller and mayoral candidate Scott Stringer said, “The fact that this verdict was anything but a foregone conclusion tells you everything you need to know about how our justice system devalues Black lives. Because anyone who’s watched the horrifying final minutes of George Floyd’s life knew that Derek Chauvin was guilty. Make no mistake: no outcome today could change the fact that our system remains deeply broken across the country. A justice system that marginalizes, criminalizes, and dehumanizes is not justice. When communities of color are forced to fear law enforcement rather than work with them, when the color of your skin or where you live makes you a target, when it can be a crime to be who you are — that is not justice.” Stringer added, “And so while today’s verdict is commendable, our fight for justice is far from over. That includes right here in New York, where time and again political leaders have promised reform but delivered nothing but excuses. As mayor, I will not be held hostage by the police—and I won’t back down from upending the status quo when I encounter resistance. George Floyd and the loved ones he left behind deserve nothing less.”

Andrea Stewart-Cousins, the New York Senate Majority Leader, said, “While I’m heartened by this verdict and believe it’s an important step towards accountability, we must remember that this verdict is not true justice. True justice would mean that George Floyd would have walked away from that encounter alive. It would mean that he would be able to watch his daughter grow up. If we had true justice in this country, the kind that lives up to our ideals, countless other Black men and women wouldn’t see the same fate as George Floyd. While we cannot change the past, we can change what happens next. We can decide that we can no longer tolerate a policing system and a justice system that only serves some and not all. We can commit to real reform, to real justice, and to a better system of policing that truly keeps our communities safe instead of tearing them apart. My thoughts are with the Floyd family and the mostly Black and Brown families across this country who have lost a loved one to police violence.”

Kyle Bragg, leader of the union, 32BJ SEIU, said: “We hope this ruling brings a sorely needed measure of relief and peace to the family of George Floyd, and that it signals a step in the right direction towards repairing our broken policing and judicial systems. Televising the horrific play-by-play of George Floyd’s murder forced viewers to face the ugly truth about pervasive racism in policing that leads to wholesale murder in Black and Brown communities. As a union representing mostly Black and Brown workers, our members cannot escape a dangerous reality that they too could become a victim of police brutality, even as they risk their own lives keeping us safe on the frontlines as essential workers who clean and secure buildings. Many must travel to and from work during off-hours and fear being harassed and brutalized by the police. While justice was delivered today, we must never forget Ahmaud Arbery, Breonna Taylor and Michael Brown and all of the victims for whom justice was denied. The fact still remains that police shootings are a leading cause of death among Black men, yet few officers are ever charged and even fewer are convicted. While today’s decision is a step in the right direction, we are far from where our nation needs to be in order to live up to our own ideals.We must ensure this ruling signals an end to the cycle of violence against our Black and Brown communities, and the beginning of long overdue reform of our broken policing and criminal justice systems.”

The post New York and National Elected Officials Hail Conviction of Derek Chauvin on All Murder Charges appeared first on Black Star News.

New York governor Andrew Cuomo has asked the state’s attorney general Letitia James and the Janet DiFiore chief judge of the court of appeals to jointly select an independent panel to investigate the escalating allegations of sexual improprieties against him.

The governor had previously asked a former federal judge to handle the investigation but she too will now step aside so as not to present the impression that the governor was trying to influence the outcome. 

“The Governor’s Office wants a review of the sexual harassment claims made against the Governor to be done in a manner beyond reproach. We had selected former Federal Judge Barbara Jones, with a stellar record for qualifications and integrity, but we want to avoid even the perception of a lack of independence or inference of politics,” Beth Garvey, the governor’s special counsel and senior advisor said in a statement. 

“Accordingly we have asked the Attorney General of New York State and the Chief Judge of the Court of Appeals to jointly select an independent and qualified lawyer in private practice without political affiliation to conduct a thorough review of the matter and issue a public report. The work product will be solely controlled by that independent lawyer personally selected by the Attorney General and Chief Judge. All members of the Governor’s office will cooperate fully.  We will have no further comment until the report is issued,” the statement added.

The governor has been on the defensive since two former staffers accused him of sexual improprieties, in articles published in The New York Times of sexual improprieties.

A former state economic development official, Lindsey Boylan, accused the governor of sexual harrassment between 2016 to 2018 and claimed he’d also kissed her on the lips on one occasion in his Manhattan office. A second former employee, Charlotte Bennett, who is 25, said the governor asked her about her personal private life and told her he was willing to have sexual relations with a younger woman. She also accused him of asking her whether she’d had sex with an older man.

The post Attorney General James and Appellate Judge Will Appoint Panel To Probe Sexual Accusations Against Governor Cuomo appeared first on Black Star News.

The New York State Department of Health undercounted Covid-19 nursing home deaths by as much as 50% a report issued by Attorney General Letitia James, after a 10-month investigation shows. 

The investigations also revealed that nursing homes’ lack of compliance with infection control protocols put residents at increased risk of harm, and facilities that had lower pre-pandemic staffing ratings had higher COVID-19 fatality rates. Based on these findings and subsequent investigation, James is conducting ongoing investigations into more than 20 nursing homes whose reported conduct during the first wave of the pandemic presented particular concern.

“As the pandemic and our investigations continue, it is imperative that we understand why the residents of nursing homes in New York unnecessarily suffered at such an alarming rate,” James said. “While we cannot bring back the individuals we lost to this crisis, this report seeks to offer transparency that the public deserves and to spur increased action to protect our most vulnerable residents. Nursing homes residents and workers deserve to live and work in safe environments, and I will continue to work hard to safeguard this basic right during this precarious time.”

In early March, James’ office received and began to investigate allegations and indications of COVID-19-related neglect of residents in nursing homes. At the direction of Governor Andrew Cuomo, on April 23, the attorney general set up a hotline to receive complaints relating to communications by nursing homes with family members prohibited from in-person visits to nursing homes and formally initiated a large-scale investigation of nursing homes’ responses to the pandemic. The office received more than 770 complaints on the hotline through August 3, and an additional 179 complaints through November 16. The office also continued to receive allegations of COVID-19-related neglect of residents through pre-existing reporting systems.

The report includes preliminary findings based on data obtained in investigations conducted to date, recommendations that are based on those findings, related findings in pre-pandemic investigations of nursing homes, and other available data and analysis. Based on this information and subsequent investigation, OAG is currently conducting investigations into more than 20 nursing homes across the state. Here are some findings: 

1. A larger number of nursing home residents died from COVID-19 than DOH data reflected;

2. Lack of compliance with infection control protocols put residents at increased risk of harm;

3. Nursing homes that entered the pandemic with low U.S. Centers for Medicaid and Medicare Services (CMS) Staffing ratings had higher COVID-19 fatality rates;

4. Insufficient personal protective equipment (PPE) for nursing home staff put residents at increased risk of harm;

5. Insufficient COVID-19 testing for residents and staff in the early stages of the pandemic put residents at increased risk of harm;

6. The current state reimbursement model for nursing homes gives a financial incentive to owners of for-profit nursing homes to transfer funds to related parties (ultimately increasing their own profit) instead of investing in higher levels of staffing and PPE;

7. Lack of nursing home compliance with the executive order requiring communication with family members caused avoidable pain and distress; and

8. Government guidance requiring the admission of COVID-19 patients into nursing homes may have put residents at increased risk of harm in some facilities and may have obscured the data available to assess that risk.

Preliminary data obtained by the attorney general suggests that many nursing home residents died from COVID-19 in hospitals after being transferred from their nursing homes, which is not reflected in DOH’s published total nursing home death data. Preliminary data also reflects apparent underreporting to DOH by some nursing homes of resident deaths occurring in nursing homes. In fact, the OAG found that nursing home resident deaths appear to be undercounted by DOH by approximately 50 percent.

The office asked 62 nursing homes (10 percent of the total facilities in New York) for information about on-site and in-hospital deaths from COVID-19. Using the data from these 62 nursing homes, OAG compared: (1) in-facility deaths reported to OAG compared to in-facility deaths publicized by DOH, and (2) total deaths reported to the attorney general compared to total deaths publicized by DOH.

In one example, a facility reported five confirmed and six presumed COVID-19 deaths at the facility as of August 3 to DOH. However, the facility reported to OAG a total of 27 COVID-19 deaths at the facility and 13 hospital deaths — a discrepancy of 29 deaths.

The New York State Health Commissioner, Dr. Howard Zucker, released a statement that in part read, “The New York State Office of the Attorney General report is clear that there was no undercount of the total death toll from this once-in-a-century pandemic. The OAG affirms that the total number of deaths in hospitals and nursing homes is full and accurate. New York State Department of Health has always publicly reported the number of fatalities within hospitals irrespective of the residence of the patient, and separately reported the number of fatalities within nursing home facilities and has been clear about the nature of that reporting. Indeed, the OAG acknowledges in a footnote on page 71 that DOH was always clear that the data on its website pertains to in-facility fatalities and does not include deaths outside of a facility. The word “undercount” implies there are more total fatalities than have been reported; this is factually wrong. In fact, the OAG report itself repudiates the suggestion that there was any “undercount” of the total death number.”

The post New York Under-reported Nursing Home Covid-19 Deaths By 50% Attorney General James Says appeared first on Black Star News.

Statement by New York Attorney General Letitia James.

The example Mayor David Dinkins set for all of us shines brighter than the most powerful lighthouse imaginable. For decades, Mayor Dinkins led with compassion and an unparalleled commitment to our communities. His deliberative and graceful demeanor belied his burning passion for challenging the inequalities that plague our society.

Personally, Mayor Dinkins’ example was an inspiration to me from my first run for city council to my campaigns for public advocate and attorney general. I was honored to have him hold the bible at my inaugurations because I, and others, stand on his shoulders.

The voice that gave birth to the “gorgeous mosaic” is now at rest. New York will mourn Mayor Dinkins and continue to be moved by his towering legacy.

The post Dinkins Dead At 93: Voice of “Gorgeous Mosaic Now At Rest”—Letitia James. appeared first on Black Star News.

Today the world saw the United States’ president Donald Trump at his imbecilic best, claiming falsely that the presidential election was being stolen from him while former Vice President Joe Biden personified leadership and calm.

Biden, who seems on course to becoming the next president of the United States make brief remarks this afternoon calling for the nation to remain calm as all the votes are still being counted. “Each ballot must be counted, and that’s what we’re going through now,” Biden said. “Denocracy is sometimes messy. It sometimes  requires a little patience as well.” 

CNN, The New York Times and other media outlet project that Biden has now won 253 electoral votes to Trump’s 213. The winner needs 270 electoral votes. Trump, in an angry rambling speech in the White House today said the election was being stolen from him by “corrupt” Democratic machines, alleging a vast conspiracy against him with no evidence at all.

Trump also blamed the media and “fake” pollsters for working to undermine his electoral victory. “If you count the legal votes, I easily win,” Trump claimed. After it became clear that the president’s false statements would continue, NBC, ABC, and CBS all cut off their live broadcast of Trump’s White House remarks.

“Regardless of Trump’s inflammatory, misleading, and divisive rhetoric, Americans across the country should be assured that this election was administered fairly and securely by state officials of both major political parties,” said Letitia James, New York State Attorney General. “Election workers around the nation are hard at work counting all legal votes, just as they have done in every election before. In America, the people choose their president; the president doesn’t choose his or her voters. To suggest it be done otherwise is a blatant power grab and an attempt to steal this election. Each state will continue to count all legally cast ballots. The will of the people will be heard.”

Trump announced that his team of lawyers has already launched several lawsuits challenging the integrity and validity of the votes. He’s called for counting of votes to “stop” in States where Biden has closed the gap and is gaining on him, such as Georgia and Pennsylvania, while he wants the votes to continue being counted in Arizona where he’s gaining on Biden.  

The post New York Attorney General James Condemns Donald Trump’s Lies About Election “Fraud” appeared first on Black Star News.