Thursday, December 13, 2007

Janet Difiore.

The Court Report
By Richard Blassberg

Citizen Sherry Bobrowski Hauls City Of Yonkers And Westchester DA’s Office Into Federal Court
United States District Court
300 Quarropas Street, White Plains
Judge Stephen C. Robinson Presiding

After allegedly suffering at the hands of the Yonkers Police Department, Yonkers Corporate Counsel, and the Westchester District Attorney’s Office, getting kicked out of her own home, yet being compelled to pay the mortgage and the taxes, while being rendered virtually homeless, Sherry Bobrowski, a disabled medical doctor, hauled her opponents and detractors into United States District Court in White Plains last Wednesday, December 5. She was seeking a Temporary Restraining Order and injunctive relief from a reported ongoing series of violations of her civil rights under the Constitution of the United States by state actors under Color Of Law.

Ms. Bobrowski, a middle-aged woman, appeared before District Court Judge Stephen C. Robinson, accompanied by Attorney Anthony John Messina, of Messina & Associates, White Plains. At the Defendant’s
table, Attorney Raymond Schmidt represented Lawrence A. Porcari and the Office of Yonkers Corporate Counsel; Attorney Susan Ansbach of the New York State Attorney General’s Office represented the Yonkers
City Court and Judges Wood and Klein; and, Attorney Jane Felix represented the Westchester District Attorney’s Office and Assistant DAs Smith and Hogan.

Judge Robinson opened the proceedings by acknowledging how very pleased he was that the Plaintiff, Ms. Bobrowski, had retained counsel, and particularly Attorney Messina. He then stated, “We are brought here today by the filings of Ms. Bobrowski, seeking a Temporary Restraining Order and injunctive relief. I believe
there was a second filing by Ms. Bobrowski seeking an Order To Show Cause.”

Turning to Plaintiff ’s counsel, Robinson asked, “Mr. Messina, what is your pleasure with regard to Ms. Bobrowski’s filings? And, please advise whether she is seeking relief that this Court is capable of providing.”

Attorney Messina told the Court, “There has been a psychological stigma attached to my client, Your Honor, that the medical record establishes does not exist. Furthermore, she has been removed from her home on which she continues to make mortgage and tax payments.”

Messina went on to tell the Court that false accusations, particularly regarding the mental health of his client, had created a “domino effect since May 6, 2006.” He alluded to activities by her brother, who reportedly is attempting to take her home from her with fraudulent papers.

Robinson then asked, “Where does she want to get here; to enjoy the home?” Messina responded, “She wants to enjoy her home. She has been examined by a doctor, Your Honor, who concluded that she was suffering with stress from not being able to get into her home because of an Order Of Protection issued by Yonkers City Court.”

Taking into account the fact that Attorney Messina had just come into the case within the last several days, Robinson inquired, “Would you want this Court to grant you time to fully familiarize yourself with the record?”
Attorney Messina came back with, “Your Honor, here is the problem; my client has no place to live, so I would respectfully ask for the second week in January.”

The Judge then said, “I just want to give the Defendants as much time as they need.” He then remarked, “I am hearing, ‘I am paying for a house that I am not able to live in because of an Order Of Protection, and I’m being
forced to pay, through my Social Security, for a house I can’t live in.’”

He then stated two obvious options: that either the Plaintiff resumes residence in the house and continues to pay for it, or accepts that she will not live there but is no longer compelled to pay for it.

Robinson then said, “As a very practical matter, it seems Ms. Bobrowski is saying ‘I need some place to live but my money is being used to pay for a place I’m not permitted to live.’” He then asked, as if rhetorically, “Why should it be this way? Why shouldn’t she have a place to live?”

At that point, Jane Felix, attorney for the Westchester District Attorney’s Office, represented to the Court that Bobrowski’s brother owns the house and that the Plaintiff had obtained a quitclaim deed that she supposedly used to get a home equity loan. The Court set January 8th for a conference on the matter.

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