Professional Documents
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APPELLATE DIVISION
STATE OF NEW YORK
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EXHIBITS C Pursuant to Kevin Patrick Brady v People of New York and Craig Doran Administrative Judge and eleven [11]jurisdictionally VOID criminal convictions
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EF
JJ.
V
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT-RESPONDENT. Index No:2012107593
Appellant having applied for a writ of coram nobis/vobis and a writ of extraordinary
errors, and having moved for permission to merge said application with his appeal from an order
of Supreme Court, County of Monroe, dated November 7,2012, and for other relief,
Now, upon reading and filing the affidavit of Kevin Patrick Brady sworn to May 2,2013,
the statements of Kevin Patrick Brady received May 30, 2013, and the notice of motion with
proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED
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APPELLATE DIVISION
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PE.PLE.FNEWY.RK
ADM|NTSTRATIVE JUDGE CRAIG
DORAN
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As to an action to vacate eleven [11]jurisdictionally void criminal conviction. tfrlg.in'$.i" Court on or about February 20,2014, due to circumstances beyond my controTl'musf amend the Notice and affidavit of Service as follows
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This matter is made returnable on March '17,2014. Answers, if any, to be filed in the Court on or before March 14,2014 with simultaneous copies provided to defendant
TO THE COURT
I herby depose that the following parties were each served true and exact copies of the PETITION FOR WRIT OF ERRORS on the dates identified.
February 21,2014 JUDGES CRAIG DORAN, ALEX RENZI, VINCENT DINOLFO MONROE COUNW HALL OF JUSTICE Rochester, NY 14614
Fei.,;'uary 25,2014
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NEW YORK DEPARTMENT OF LAW 144 Exchange Bvd Rochester, NY 14614 MONROE COUNW DEPARTMENT OF LAW 39 W. Main Street Rochester, NY 14614
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KAREN
A.
SMITH
NOTARY PUBLIC-STATE
OF NEW YORK
February 19,2414
Judge Joseph Vale s u p re m e c o u runp #i[1" o, u,., o " 50 East Ave Rochester, New York 14604 Judge Valentino and Staff
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this record to the Fourth Department and the parties below to verify the merits for unconditional relief I have sought from Monroe County courts from the inception. It is, admittedly, voluminous. However, in the final analysis it will take an experienced legal practitioner no more than twenty [20] minutes to confirm the patently fatal defects I allege. They have been repeatedly confirmed by New York's appellate divisions including the Fourth Dept and Court of Appeals. I also include on point commentary by Eric H. Sills, Esq., Albany Criminal Defense Attorney,
These infinitely offensive and prolonged government intrusions [and others like it], have cost me a twenty [20] year career in financial services, personal and family relationships and nearly two [2] decades of my life. I have consistently tried to attack them in the procedurally correct manner only to be obstructed. As a matter of record I have been cheated, denied, degraded, dismissed, and abandoned by my judiciary at EVERY opportunity that has presented itself.. ln fact, I have been punished unanimously for simply and lawfully exercising my First Amendment right. I now realize that for me there is no procedurally correct manner. My lawful petitions have been exercises in futility.
will not sub;ect myself to anymore abuse. I respectfully request this honorable court to purge these lawless stains from my personal and professional record now bv any means necessary. The only party who can be prejudiced in this matter is me. To make a man live his life knowing he has been serially cheated, criminally convicted, abandoned and destroyed for exercising a fundamental right is cruel and inhuman beyond my ability to articulate.
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Copies"
NEW YORK DEPARTMENT OF LAW
144 Exchange Bvd Rochester, NY L46L4 MONROE COUNTY DEPARTMENT OF LAW 39 W. Main Street Rochester, NY 14614
JUDGES CRAIG DORAN, ALEX RENZI, VINCENT DINOLFO MOROE COUNTY HALI OF JUSTICE Rochester, NY
14614
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APPELLATE DIVISION
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BE IT KNOWN As to an action to vacate eleven [11]jurisdictionally void criminal convictions filed in this Court on or about February 20,2014, due to circumstances beyond my control I must amend the Notice and affidavit of Service as follows
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This matter is made returnable on March 17,2014. Answers, if any, to be filed in the Court on or before March 14,2014 with simultaneous copies provided to defendant
TO THE COURT
I herby depose that the following pafties were each served true and exact copies of the
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3B
JUDGES CRAIG DORAN, ALEX RENZI, VINCENT DINOLFO MONROE COUNry HALL OF JUSTICE Rochester, NY 14614
February 25,2014 NEW YORK DEPARTMENT OF LAW 144 Exchange Bvd Rochester, NY 14614 MONROE COUNTY DEPARTMENT OF LAW 39 W. Main Street Rochester, NY 14614
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KEVINPATRICK BRADY 508 Locust Lane New York 14445 585 381 2063
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A.
SMITH
NOTARY PUBLIC-STATE
OF NEW YORK
ALAN
L. Ross
March 1,2074
Kevin P. Brady 508 Locust Lane East Rochester, New York 14445
Re:
Dear Mr. Brady: Enclosed please find the above-referenced notice of petition and supporting papers, which cannot be accepted for filing for failure to comply with the requirements of 22 NYCRR 1000.9' Moreover, you must obtain prior permission from the Court to commence any proceeding.
NEWYORK STATE SUPREME COURT APPELLATE DIVISION, FOURIH DEPARIMENT M. DOLORES DENMAN COURTHOUSE 50 EAST AVENUE, SI.IITE 2OO ROCHESTER, NEW YORK 1 4604 (595)i539t100 Fax (s8s) s30 3247
FRANCES
E.
CAFARELL
ALAN L. RoSs
DEPUTY CLERK OF THE COI,]RI
March 24,2014
Kevin P. Brady
508 Locust Lane East Rochester, New Yo?k
Re:
Matter of Brady
v-ffi;il
Dear Mr. Brady: Enclosed please find the above-referenced notice of petition and supporting papers, which cannot be accepted for filing for failure to comply with the requirements of 22 NYCRR 1000.9. A notice of petition must include a retwn date of submission, and the filing fee is $315. Moreover, you must obtain prior permission from the Court to commence any proceeding.
Attorney General
NEW YORK STATE STIPREME COURT APPELLATE DIVISION, FOURIH DEPARTMENT M. DOLORES DENMAN COURTHOUSE 50 EAST AVENUE, SUITE 2OO ROCHESTER, NEW YORK 14604 (585) 530-3100 Fax (585) s30-3247
FRANCES E. CaTARSUCLBRI( OF THE COURT
ALAN
L.
ROSS
March 7,2014
Re:
Dear Mr. Brady: Enclosed please find your documentation entitled "notice for writ of errors" that was
fonrvarded to the Clerk's Office from the chambers of Justrce Joseph D. Valentino. Please be
advised that the above referenced documentation is being returned to you because your motion fails to comply with this Court's rules.
You have failed to provide an original and one copy of your coram nobis motion papers and supporting exhibits (see 22 NYCRR'1000.13 [a] [5] [iii]). Also, you have failed to provide an affidavit of service establishing when and how you served your coram nobis papers upon the necessary parties (see 22 NYCRR 1000.13 [a] [2]). Furthermore, you have failed to designate a return date. A motion shall be made returnable on a Monday (or if Monday is a legal holiday, the first business day of the week) (see 22 NYCRR 1000.13 [a] t1l).
A formal motion on notice must include an original and one copy of each of the following documents: (1) a notice of motion containing a specific return date (any Monday, orthe first business day of the week if Monday is a legal holiday, after the required notice period); (2) a supporting affidavit and any exhibits; and (3) proof of service of a copy of the motion papers and all exhibits on all parties at least 13 days priorto the selected return date if the copies were served by regular mail (8 days if served personally; 9 days if served by overnight mail). Please be advised that your documentation entitled "notice of petition affidavit of service" has been forwarded to the area of this office that handles this type of documentation for the Court. Enclosed is a copy of this Court's rules to assist you. Vgry truly yours,
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The petition for coram nobis with exhibits was duly served by local US Mail cn the dates indicated on the original Notice and Affidavit of Service AND by the enclosed USPS confirms'^ lnsofar as I have requested a hearing for this matter numerous times below without success, expected this Court would set a date as its earliest convenience and notify the parties.
I amended that expectation approx 13 days later as shown by the attached and notified all
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parties simultaneously by US Mail. Apparently you had not yet received the amended papers
when we spoke on Monday. The originalwas filed to the attention of Judge Valentino on or about March 5,2414.
I am including here an addition copy of the petition and exhibits.
Regardless of any defect in service, neither I nor apparently this Court has received any objection as of this day. I attribute this, in part, to government attorneys inclination to scoff at
pro se litigants expecting to be taken seriously, AND, contrary to common misinformation,
I
am not prohibited from requisitioning this Court for relief. [Order Judge John Lane]. Note however, that the Department of Law has 'officially' been relieved of responsibility for responding to any of my 'frivolous' challenges by the order of Judge Richard Dollinger. [annexed] despite that ABA Rule 1.6 already mandates the same. Although the service defects at issue here have been corrected they are nevertheless waivable issues. The constitutionaldefects alleged in the petition are not. There is no cognizable defense to fatalfy void prosecutions. I submit that no party has been or could be prejudiced by unilateral rules and breeched CPL mandates, but me.
for CA13-02202
March
17
,2014
Amy M Bogardus
Supreme Court/ Appellate Division
50 East Ave
Rochester, NY 14614 Ms. Boyardus
As per your correspondence of 317114. The petition for coram nobis with exhibits was duly served by local US Mail on the dates indicated on the original Notice and Affidavit of Service AND by the enclosed USPS confirms.,
lnsofar as I have requested a hearing for this matter numerous times below without success, expected this Court would set a date as its earliest convenience and notify the parties.
I amended that expectation approx 13 days later as shown by the attached and notified all
I
parties simultaneously by US Mail. Apparently you had not yet received the amended papers when we spoke on Monday. The originalwas filed to the attention of Judge Valentino on or
Regardless of any defect in service, neither I nor apparently this Court has received any objection as of this day. I attribute this, in part, to government attorneys inclination to scoff at pro se litigants expecting to be taken seriously, AND, contrary to common misinformation, am not prohibited from requisitioning this Court for relief. [Order Judge John Lane]. Note however, that the Department of Law has 'officially' been relieved of responsibility for responding to any of my'frivolous'challenges by the order of Judge Richard Dollinger. [annexed] despite that ABA Rule 1.6 already mandates the same. Although the service defects at issue here have been corrected they are neveftheless
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waivable issues. The constitutionaldefects alleged in the petition are not. There is no cognizable defense to fatally void prosecutions. I submit that no party has been or could be
prejudiced by unilateral rules and breeched CPL mandates, but me.
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As to my docs having been forwarded to the office handling such matters. I reiterate that I am entitled to a hearing by responsible judicial officers of this Court, not merely rubber stamped and dismissed as my pro se papers have unanimously been in the past.
rauBy
Copies to Judges Doran, Renzi, Donofrio NY Department of Law, Monroe County Dept of Law
I hereby depose that everything contained herein is correct and truthful except for matters alleged on
information and belief, and I believe those matters to be true. I further depose that nothing alleged here is intended to be frivolous, embarrassing, harassing andlor completely without merit.
TONILC@N
Lic. #01C0050144
in
At
of the Supreme Court of of the State New York, held in and for the County of Monroe, at the Hall of Justice, Rochester, New York on the 8th day ofNovember, 2013.
a Term
-vs-
Petitioner,
Petitioner, having instituted a proceeding by a Notice of Petition and affidavit, dated and
filed on June 26, 2013, seeking to render null and void previous judgments;
And Respondents, by their afforney, Eric T. Schneidefinan, Attorney General of the State of New York, Hillel Deutsch, Assistant Attomey General of Counsel, having submitted a Notice
of Motion, Affirmation and Memorandum of Law all dated July 18,2013, seeking to dismiss the
Petition and requesting sanctions; And the Court, having dismissed the Petition with prejudice by Order dated October 7,
2013 and ordered the Petitioner to shoe cause as to why sanctions should not be imposed for his
And on Noyembcr S, 2013. thc Court having considsrccl the argumcnls of Pctitioncr and
failed Rcspondent. b-v llillel Deursch. Assistant Attorney Gcneral, and lbund that Pctitioner has
tc sho,"v cause
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to'rvly sanctions should not be imposetl against hirn fbr his failurc ta abid* b1'
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"' at thc ratc ol'$50.00 per dav. ORDnRI,ID. rhar pctitioner is d{i".i#hpFGteffi4
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it is heretry
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liorn the commencemcnt olthc aclion to the datc oJ'tlris (lourt's prior'Order of Oetohcr+' 2013'
rvhich is 100 clal's. lbr a total al-$5"(X)0.0(r-
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ORDdRfi,D, that Peritioncr is held in contcmpt of court and. trpon motion t:1'ths
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additional: Itespondents or their counsel. or upon dererminarion of the Court, mal' bc subja+t to
sanclion$ r,p to aiid including '-withour limitation
Iirss of
incarccration: and
ORI)}]RnD, rhat Respondenrs and their counsel arc nol to rcspond tlr an!' papers f'rled or
served by Petirioner- in this or an). other action hc has previottsly l'ilcd or rna-v unlcss such
t-rl,-'cl
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anti scrvetl papcrs incluclc an Ordcr. signed bv thc Adnrinistrativc Judgu or the
Superlising Juilge lbr thc Civil I'erm in rhe Scvcnth Ju<Jicial l)istrict. dirccting a rcsFotrsc tiotrt
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l{ rPIlti.\IU CO{,iR"I OF ft{E SI.\IE t]F \UlV YORK C0{,' xTY OF },101\iRi}ii
K-[iVI]\ P;\'l RICK SRAD\'.
vs.
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T[{Oh{AS fu{. VA\STRYDONCK, JSC, C..\RLOS RODRIGLIEZ. Assistant Attomey Ceneral, S TEVNN R. SIRKT}I, JSC, n IANA 1RIZ,,\RRY, l{earing Ex am iner, RAY\,1 OND CO Ri\TELruS. JSC, SHFRRI E. WOOD. fulCCSE(-i,I
Rcspondents.
BEFORE: .UIPEARANCIIS:
Dd\lEL
V{. DEI.AUS, JR., MC}NROE COUNTY ;\'ITOR\,Ty ,\ftorney lor Respondent Woad ily tr{ichael E. Davis, S*nior Deputv Cr:untv ,\rt*nrcv
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iltt'.1 ,t cause of rction,rnri is rtthenvise trivolotts. ;\llcging that she has uniltrvfirllv,:rrg2u*d in
ti'rud in her eni'orcemcnt activitres, petitioner seeks an orcler directing respondent Wooil, rn
cntploysc olthe I,lCCSEtf. tn uease enlorcemcnt tctivitl,on support orders made in rhe pest ,urd
rcftrnd all
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appiu'rn{lv relates to an lpplicatrtrn madc in ,\usust 1004 ta ftrmily court for ln intcnnetliate rppc:rl ol;.t sr-tpport r:rder, '"vhich hatl bcen tleni*d, or to certily th* record tor direct;ippeal to thc ^,\ppcllatc
I,]ivitl..rtt. l.he pctilitlrl d{lcs not :itate rnv cr:gnizabie cu*se of ;:cticn under article 1$
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APPELLATE DIVISION
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BE IT KNOWN
As to an action to vacate eleven [11]jurisdictionally void criminal convictions filed in this Court on or about February 20,2014, due to circumstances beyond my control I must amend the Notice and affidavit of Service as follows
18 19
20
2"1
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This matter is made returnable on March 17,2014. Answers, if any, to be filed in the Court on or before March 14,2O14 with simultaneous copies provided to defendant
TO THE COURT
I herby depose that the following parties were each served true and exact copies of the PETITION FOR WRIT OF ERRORS on the dates identified.
February 21,2A14 JUDGES CRAIG DORAN, ALEX RENZI, VINCENT DINOLFO MONROE COUNTY HALL OF JUSTICE Rochester, NY 14614 February 25,2014 NEW YORK DEPARTMENT oF LAW 144 Exchange Bvd Rochester, Ny 14614 MONROE COUNTY DEPARTMENT OF LAW 39 W. Main Street Rochester, NY 14014
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The petitioner in the above-captioned action having filed a motion to certif,i the record in the
of
with
or Coram Vobis"; and the motion having been heard before the undersigned on papers; and this
Courl having found that the proposed record which was submitted with the instant motion by the
petitioner, consisting of 105 pages, is not the same set of papers as the "Notice of Action" filed by
the petitioner in the Monroe County Clerk's Office on July 10,2012, in that the Court's copy in its
file does not contain pages delineated "50 - 105" on the copy submitted with petitioner's motion;
and that, fuither the remainder ofthe record which should be contained therein as required by statute
NOW, THEREFORE, it is hereby ORDERED, that petitioner's motion to cerlify the record
hereby denied.
, in its present form, is
Hoff. C
Dated:
J.
pre
Court Justice
*--F
i"'
-
NEW YORK STATE SUPREME COURT APPELLATE DIVISION, FOIIRIH DEPARTMENT M. DOLORES DENMAN COURTHOUSE 50 EAST AVEN['E, SIJITE 2OO ROCHESTE& NEW YORK 14604 (585) 530-3100 Fax (585) s30-3247
FRANCES
CLERK OF TI{E COURT
E, CATENBII,
ALAN
L.
ROSS
August 22,2A13
. '::.::
Re:
Brady v Doran
Dear Mr. Brady: ln response to your letter of August 1 B, 2013, please refer to the order of Justice Gorski entered March 5, 1996.
Very truly yours,
/Fj.
a
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