Foreclosure Hamlet

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Today I received my motion back from the New York  Court of Appeals with the Following letter:   On Oct. 15 2009 and May 11 2010 the Court Determined your motions seeking leave to appeal in the   abo…

Today I received my motion back from the New York  Court of Appeals with the

Following letter:

 

On Oct. 15 2009 and May 11 2010 the Court Determined your motions seeking leave to appeal in the   above entitled matter.  The court also denied you motion for reargument.

 

(Chief Judge Jonathan Lippman’s October 15th 2009 decision states

      Motion for leave to appeal dismissed upon

      The ground that the order sought does not finally determine

      The action within the meaning of the Constitution.)

 

I went back to the 1st dept of the Appellate Division for a final determination within the

Meaning of the Constitution  and their decision  on Feb. 23, 2010 was-

 

“Motion to determine action within the meaning of the Constitution  for purposes of an appeal to the to the Court of Appeal(s) denied.

                  Before Saxe, J.P. Friedman, Moskowitz, Friedman, Richter ,J.J.

 

This are the  Judges that wrote a 5 page opinion changing all the dates and facts and refused to follow the the law pursuant to:

     U.S. SUPREME Court case Elliot v. Piersol

                       1 Pet. 328,349 26 U.S.328,340 (1828)

                       Under Federal Law which is applicable to all states

                     The United States Supreme Court stated that if a                                      

                      Court is “without authority” it’s judgments and orders

                      Are regarded as nullities.  They are not voidable, but

                      Simple void, and form no bar to recovery sought, even prior

                      To reversal in opposition to them.  They constitute no

                      Justification and all persons concerned  in executing such

                      Judgments or sentences are considered in law as trespassers

 

 

I was in Federal Court May 8 1997 thru July 29 1997  when the NY State Court judge without jurisdiction signed the two void ab initio judgments on June30  1997 ( making them a nullity  and without latches.)

 

If I had been in front of honest Judges, the clients with their forged and fraudulent deeds   of corrupt attorney Thomas P Malone of  Fidelity National Title and of corrupt attorney David K Fiveson of a sham title company he called Coronet Title  would have been ousted from my two condos    

   

And if Judge Jonathan Lippman had wanted the Judges in the courts below to

to uphold their oath to the Constitution  he had Discretionary Jurisdiction of

taking this appeal.  Turns out his  grandstanding speeches  are a lot of garbage

 like a lot of politicians. 

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Comment by marilyn lane on July 6, 2012 at 8:45pm

The Honorable Andrew M. Cuomo
Governor of New York State
NYS State Capitol Building
Albany, NY 12224

                         

 

Dear Governor Andrew Cuomo:

                                        Below a copy of my letter to Chief Judge Jonathan Lippman.

                                        Excuse the bad word but I am sure you have used it once or

                                       twice in your life.

 

 

 

 

 

 

                                                                                        June 25 2012

 

                          Chief Judge Jonathan Lippman          

                          20 Eagle Street

                          Albany, New York 12207

 

                          Judge Lippman:

                          I am in receipt of Andrew W Klein’s  letter returning my motion

                          papers asking for the Court of Appeals Discretionary Jurisdiction

                          in an appeal for Constitutional justice against five f---ing lying

                          1st department appellate judges. (better get use to that language

                          that is how the citizens of the country are talking about the judges

                           on the Internet and with good reason.)

 

                          Are these five judges Saxe, Friedman, Moskowitz, Freedman, Richter

                          going to say sorry we lied in our first decision about the dates the case 

                          Marilyn Lane v. Astoria Federal S & L was in federal court

                          May 8 1997 thru July 29, 1997 and the two  void ab initio foreclosure   

                          Judgments of June 30,1997 signed in NY State Court and tell the truth

                          No they are going to keep covering their lies. They made a fool of you

                          in their one word decision and you still trust them. Amazing.

 

                           The Constitution pursuant to Elliot v. Piersol says these two condos are

                            still my two condos., although the NY Court of Appeals doesn’t care

                            whether their judges war with the Constitution.

 

                           Procedure wasn’t the problem.  If your judges had the smarts and ethics

                           of Judge Arthur Schack, I would have been back in my two properties

                           many motions back.

 

                            Your court stole hundreds of thousands of dollars from me  with their

                            Fraud, so you don’t have to fake the court’s honesty about  $65.

 

                            Your judges destroyed the integrity of the New York courts.

                           

                                                           Truthfully but not respectfully submitted

 

 

   (DO GIVE ME YOUR  COMMENTS - THAT STOP FOLLOWING MESSAGE IF FROM THE CREEPS AT ASTORIA FEDERAL S & L WITH A SECOND COMPUTER ILLEGALLY USING MY IP                                                                                            Marilyn Helyn Lane

Comment by marilyn lane on June 25, 2012 at 4:13am

our NY courts are labeled differently than other states.

 

The trial court, the lowest court is named NY Supreme Court

The comes the Appellate Division with the 1st, 2nd, 3rd & 4th division depending on where you live.

Then our highest Court is the NY Court of Appeals.

 

Lippman is chief of the Court of Appeals

 

The Chief Judge of every state has the responsibility that all the judges below him follow the Constitution and Federal Law decided by the US Supreme Court .

 

On October 15, 2009 Lippman ruled that the decision by the 1st department

Is not a final determination within the meaning of the Constitution .

 

The NY Court of Appeals can take the case in three instances

                        if it is a final determination

                       a Constitutional issue

                       or discretionary jurisdiction when an injustice occurred          

                       (such as review or sua sponte (meaning on their own as what happened recently in the Pino case at the Florida Supreme Court. That ruling could effect people

In Florida that had property stolen by fraud. 

 

Here in New York,in response to my going back to the 1st dept of the Appellate division

Asking for a final determination within the meaning of the Constitution-

 the appellate division on February 23 2010 –referring to Lippman’s OCT 15 2009 ruling said:

  final determination within the meaning of the Constitution for purpose of an appeal to the court of appeals, denied.

 

This is ruling against A case decided by the US SUPREME COURT (Elliot v. Piersol)

 

Absolutely illegal..   NY needs a Chief Judge with b----- that protects our US Constitution.  This ruling by the Appellate Division really makes a fool of our Chief judge Lippman,  and he still sides with them, expecting me to make another motion

To five appellate court judges that lied about the dates and the law in my first motion to the appellate court.

 

No way are those five appellate judges going to say, oh we lied now we are going to tell the truth.  It is only a gimmick to get more fees for the court.

 

Florida has it bad NY has it worse. The Constitution says judges with bad behavior can be removed.  I would think what is going on in the Court is pretty bad behavior

 

. We really need to petition for a chief  Judge WITH THE QUALITY, BRAINS  AND ETHICS OF Judge Arthur Schack.

PLEASE i want comments..forget the stop following message, that keeps showing up because of the 2nd computer tied to my IP by the crooks at Astoria Federal S & L.

Comment by Phred Maldonaldo on June 24, 2012 at 9:27pm

hmmm .... odd that only 1 Appellate judge signed. Here in CA the Appellate rules used to say all three have to sign. I had them reconsider and they reviewed the pleadings and came up with a different finding looking at exactly the same material. They actually got a third shot at the pleadings, and sure enough, I have 3 different findings for the exact same pleadings and body of facts.

I'm sorry your atty didn't think to request a statement of decision for a trip to Supreme.

Comment by marilyn lane on June 24, 2012 at 5:53pm

JUDGES SHOULD NOT BE ALLOWED TO OWN PROPERTY.

 

It makes them bias and always ruling for  companies like Fidelity NATIONAL Title and its subsidiaries, and Banks they might be a customer of,  in cases before them.

 

Lets hope the kids of this fraudulent foreclosed generation become the Judges AND Senators of tomorrow and  get kama back on  the JUDGES and their family when they get old, and feeble and looking for Justice.

 

We know all the Presidents of this great nation.

 

Let’s Remember every CHIEF judge that ultimately destroyed this nation. the stop following me message comes from the creeps at astoria federal s & l with a second compuer linked to me ip

 

send me your comments please. 

Comment by marilyn lane on June 24, 2012 at 4:40pm

One side of me is very sad and distraught BUT this making me more of a fighter.

I am angry at this damm NY Chief JUDGE Jonathan LIPPMAN who certainally knows

that every judge in this country gets their position in life because of the Constitution and he

doesn't give a damm whether they follow the law or not.

 

I'm older than probably most of you.  I started out my painting career over fifty years ago at the NY Washington Square Outdoor artshow on the corner of Waverly Place and Macdoogal in Greenwich Village,  the street where somesone recently told me  is where Judge LIPPMAN lives.

 

I assume Judge LIPPMNAN owns his property and doesn't rent.

 

wELL I worked very hard for over fifty years  to accumulate two luxury condos in New york City that possession has been stolen by fraudulent and forged deeds. 

He got his so the heck with the rest of us.  He has absolutely no interest in running a just Court system.   Obama thinks he is wonderful  Figures.

 

As I said before don't pay attention to the Stop Following message  It comes from the creeps at astoria Federal SAVVINGS AND LOAN ASSOC.

 

Comment by Sharon on June 24, 2012 at 4:12pm

Not surprising but I'm sorry for you. This is all the more reason for us to stand up for our rights.

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