The Court Report
Richard Blassberg

Family Court and Supreme Court-Matrimonial Part

Judges Must Reconcile The Inequities Inherent In The Monied Litigant v. The Pro Se Litigant
Westchester County Family Court, White Plains Support Magistrate Rosa Cabanillas-Thompson Presiding

Wednesday June 13th Marc Warnock, and Suzanne Stephans, formerly Mrs. Suzanne Warnock, both of Irvington, appeared in Westchester County Family Court, White Plains, with regard to an Order To Show Cause filed by Mr. Warnock’s attorney, Clifford George Kleinbaum of White Plains. The purpose of the filing was to initiate compliance by Stephans with regard to child support payments she must now make to Mr. Warnock for their three children, ages 6,7, and 11, who are no longer in her “residential, joint legal and physical custody,” as of May 1, 2007.

The children who had resided with Stephans, their mother, for some five years, following Mr. Warnock’s departure from the marital household, and subsequent divorce, attend school in Irvington. Their residential, and joint legal and physical custody was taken from their mother, and given to their father who has remarried, as “sole legal and physical custody”, following a recent 13-day trial before State Supreme Court Justice William Giacomo. Giacomo who had initially stated from the bench, “These are great kids. They are doing great in school. They are healthy, and someone is obviously doing something right with these kids,” apparently had no problem, however, tearing them away from that “someone,” their mother, to accommodate the questionable
agenda of appointed Law Guardian Theresa Malach.

That mother, Suzanne Stephans, charged, “Malach did not have the best interest of the children, or their relationship with their father, and mother in mind when she wrongfully charged their mother with parental alienation.”

She added, “This has devastated our children.” According to Stephans the law guardian came to court with, and left with, her former husband, held private meetings with him outside the courtroom during their trial, and acted
as though she was Mr. Warnock’s private attorney, treating Stephans as the “enemy,” rather than maintaining neutrality between the opposing parents while working in the interest of the children.

Stephans, who appeared pro se, (representing herself) no longer having funds to retain an attorney, came out of last Wednesday’s court session concerned because the child support formula to which she will be held, for at
least two months before the next scheduled hearing, is outdated and inaccurate as pertains to her actual income. It was obvious to this reporter that Mr. Warnock’s high-powered attorney was behaving aggressively, almost belligerently, toward the mother of his client’s children, scarcely allowing her the opportunity to respond to his allegations. At one point when Ms. Stephans, who is employed full-time, attempted to inform the Court of the fact that she actually presently earns approximately $40,000, and not the $60,000, including bonuses, that she had once earned more than a year ago, Mr. Kleinbaum told the Court, “Perhaps she’s under-employed.”

Magistrate Cabanillas-Thompson acknowledged the financial hardship to Stephans that she was about to set in motion, but expressed her powerlessness to rectify so recent an order imposed by Supreme Court Judge William Giacomo, declaring, “I don’t have the jurisdiction or the authority to alter it.”

Court Report:

Weissman V Weissman

Debra C. Weissman
Armonk, New York 10504

Justice Jonathan Lippman
Chief Administrative Judge
Justice of the Supreme Court
New York State Supreme Court
Westchester County Courthouse
111 Martin Luther King, Jr. Blvd.
White Plains, New York 10601

Re: Emergency Request for Criminal Investigation Regarding

Judge Silbermann’s Unethical Interference and Influence Over Judge Scarpino’s Judicial Authorities I am writing you an open letter requesting that you intercede in a criminal activity that is currently taking place in the Matrimonial Part of the Westchester Supreme Court. I am requesting that you place a temporary stay on all of my pending proceedings in front of the lower and appellate court until we can meet and you can hear the tapes that I have regarding Justice Silbermann’s interference by inappropriately contacting and directing the honorable Judge Scarpino as to how to proceed. I am requesting that you handle the investigation because Judge Silbermann reports directly to you and we are no longer dealing with unethical referees but one of the highest judges in our court system. I sent Judge Silbermann a letter last week before I realized that she, not Judge Scarpino, was the culprit. A- er you hear my tapes, you will agree that she must be handled immediately and must refrain from intimidating judges who are overseeing my case.

You are well aware of my case, in which you intervened more than two years ago, when my attorneys contacted you regarding the former Referee Montagnino’s unethical behavior toward me, a battered wife and ward of the Court. His rulings against me were so blatantly biased and egregious that I was forced to file a grievance against him in the latter part of 2004. When my attorneys accused him of having ex-parte relationships with Mr. Joel Bender, the defendant’s attorney, during my entire matrimonial proceedings, he had the audacity to sanction us approximately $70,000 for even broaching the subject in open court. For getting too close to the truth, I was punished while my ex-husband was granted an illegal Conversion Divorce without a grounds trial, and was allowed to retain 99% of the marital assets worth over $30 million dollars.

Fast forward to March 28, 2006, when Mr. Bender finally admitted under oath that he did have many meetings with James Montagnino and his wife because of his desire to become a Supreme Court Judge. Now, more than 3 years later, I have spent over $100,000 in legal fees trying to rectify the nancial damage done by these two co-conspirators, the former Referee Montagnino, and Mr. Bender, that transpired throughout the divorce proceedings.

I am experiencing déjà vu. However, this time it is with the head of the matrimonial division of the New York State Supreme Court, Jacqueline Silbermann, Judge Scarpino, it had never been presented to a lower court to rule on. Judge Scarpino knew it was not possible in terms of the sequence of events, for the issue of ex-parte communications, meetings, etc. between the former Referee Montagnino and the law firm that represented the defendant to be included in my appeal. Mr. Bender and Montagnino conspired and intentionally concealed their relationship until Mr. Bender, who was taken by surprise at a sanction hearing and placed under oath, was finally forced to reveal the truth after concealing it for months.

The issue of these meetings between Mr. Bender and former Referee Montagnino are significant for several reasons. These ex-parte meetings took place during a period that Mr. Bender was appearing in front of former Referee Montagnino involving contested matrimonial cases. These meetings took place in Mr. Bender’s offices after hours. It is mandatory that these types of meetings be brought to the attention of those who appear in front of a Judge or hearing officer to insure that if a party feels they may be prejudiced by the relationship they can have the official recused. Not only was the relationship not presented by those individuals, but they intentionally concealed and lied about there being any ex-parte communication when directly questioned. Further, the purpose of these ex-parte communications was intended to support the former Referee Montagnino in his well-known attempt to obtain a nomination to become a Supreme Court Judge. Additionally, it was only after October 9, 2006 in his own affirmation that Mr. Bender finally confessed to having these clandestine meetings, but added details incriminating several other prominent Westchester attorneys also having meetings by naming names.

It was only after the damage was done and the defendant had obtained an illegal conversion divorce, was able to obtain all the marital assets and all the other assets he had hidden from me, tricked me, and manipulated the legal proceedings forcing me into an unconscionable stipulation (a stipulation which was clearly intended to have been formalized by a written agreement) that the former Referee Montagnino made me a ward of the Court. Another unbelievable act which was meant to further control and destroy me was to instruct his hand-picked court-appointed guardian to take the limited funds that I received from the defendant and put them in trust to be dispersed with the assistance of the defendant. How corrupt is that?

Facts About My Case

I initiated my matrimonial action against my ex-husband, Ronald H. Weissman, MD following 25 years of abuse including many brutal physical beatings. The most serious of these beatings occurred in August 1998 when the defendant, punched me repeatedly in the face with such force that my brain was thrust against the inside of my skull many times, with such severity that he ruptured -literally ripped apart- the bridging veins between my cortex and my venous sinuses. The defendant, in an attempt to coverup this beating, began treating me as a patient, put me to bed, prescribed and administered medications which were contraindicated and failed to summon emergency medical attention or to notify my own personal physician. As a direct result of the trauma, I suffered several strokes, which further weakened me physically and added to the damage caused during the beating. The strokes prevented part of my brain from getting the blood and oxygen needed thereby causing part of it to die.

Only belatedly did I receive medical treatment, and that was only when a friend came by the house several weeks later and demanded that I be taken to the hospital immediately.

I have provided to the Court certified medical records of over 1,000 pages from three nationally recognized medical centers which have certified that my medical diagnosis is that of Traumatic Brain Injury. These certified records also contain admissions by the defendant, Dr. Ronald H. Weissman, that the cause of my Traumatic Brain Injury was the beating which he alone had administered. Despite the voluminous documentation and undisputable written proof by physicians and by independent medical providers, the defendant, the defendant’s attorneys and the former Referee continue to deny that there was ever any spousal abuse, and that I suffer from Traumatic Brain Injury.

The certified proof I have submitted establishes that the defendant and his attorneys are liars. They must be held accountable for their intentional misrepresentation of the facts and the abuse I have been subjected to by the Court for the past six years, and they must be disciplined for years of malicious conduct which is unbecoming Officers of the Court. Every statement, every allegation I have made can be supported by written, certified, evidence. Every piece of evidence has been in both the Matrimonial Division of the Westchester Supreme Court, and the Second Department of the Appellate Division since 2001. The only ‘evidence’ the defendant and the defendant’s attorneys have to present is his “denial” that there was ever any spousal abuse.

Yet, despite all the evidence and all the motions and court proceedings, the former Referee Montagnino and many of the former matrimonial judges have found ways to have ruled in the defendant’s favor at every opportunity they could. The have allowed him to control, from day one, over $30 million of marital assets. They have allowed him to submit almost blank Net Worth Statements from 2001 to the present.

They have refused to prevent him from moving or selling assets which he continues to do in an obvious attempt to prevent their tracing. The defendant continues to buy major Westchester real estate properties and distributes our marital wealth unilaterally to others (See attached). All of these “Officers of the Court” continue to ignore the 800- lb. gorilla in the room, of a victim of spousal abuse who has been left with permanent physical and brain injuries as well as the testimonies from legal and medical experts/institutions on domestic violence. The former Referee Montagnino has gone so far as to ignore his own hand-picked law guardian’s findings and recommendations and has actually accused me of making up this diagnosis in anticipation of my matrimonial
action (Please see attached two decisions and orders dated 11/2005.)

Defendant’s brutality against me robbed me of a life and career that I worked my entire life to obtain. Despite the years of abuse, I was a dutiful wife and mother and worked hard to improve my husband’s career and our family’s life. In a cruel brutal and clearly criminal instant, my life was taken away from me. I will never be able to accomplish the goals I had aimed for in my life. While the defendant reaps the benefits of our marriage, I am left to face an uncertain future with serious physical disabilities and brain injury. I will never fully recover from the injuries I suffered. The defendant and his attorneys continue to mischaracterize and misrepresent, in a demeaning and disrespectful manner, the disability I suffer and the cruel and unconscionable treatment they have subjected me to during this litigation. Instead of obtaining the assistance of the courts to allow me to end an abusive marriage and leave with sufficient assets to be able to take care of myself and obtain the medical care I still desperately need, I have had to endure six years of fighting through the fraud and corruption with seemingly no end in sight.

My sources have informed me that Judge Scarpino will allow me to sell the house but put the proceeds in escrow and yet not direct that the defendant place $30 million in escrow as well. How fair is that? According to the fraudulent outline of settlement placed on record, I already have the right to sell the house but for the fact that the
defendant sued my former realtor and by doing so, terrorized every other realtor in Westchester. It is not bad enough that I can’t get on with my life but that the courts support my ex-husband in his actions that clearly violate the law.

While this is going on, I am still responsible for paying my own legal fees although there is a clear disparity between the income levels of the defendant and myself. Instead of taking the judicial action this case calls for, in fairness and equity, and considering the years of abuse, and the fraud and misconduct which the defendant and counsel have carried on for over six years, Judge Scarpino suggested that I file a Plenary Action to obtain
relief. This is quite upsetting given the fact that I can’t afford to pay for my own medical coverage, and this action would be another legal expense, another waste of judicial resources and would give the defendant more time to continue his lavish lifestyle while manipulating the marital assets and blocking me from getting the proper medical attention I still need. I want to be able to plan for my future which now includes planning on how to manage with a severe disability. You should be outraged that as a battered wife and a ward of the Court, Judge Scarpino did not afford me the legal protections mandated by state and federal laws and constitutions. Additionally, Judge Scarpino has failed to replace the Guardian Ad Litem who personally told me she was withdrawing because she could not deal with Mr. Bender’s unethical shenanigans, thus denying me the ability to have equal access to the courts and be able to protect myself and my property.

Although this case is in Judge Scarpino’s hands, he is apparently being coerced by Judge Silbermann to not rule, but to defer a decision until the Appellate Court rules on the separate issues before it. As a Judge in the Supreme Court of New York State, he has a responsibility to follow the rules, laws and Constitutions of both New York State and the United States. It is his responsibility to protect those individuals who need protection. In this case, I not only need the protection of the Court, but sought it out. It is now time for Judge Scarpino to do the right thing and rule on the evidence he has before him.

A review of the papers the defendant and defendant’s counsel have submitted do not address the issues of fraud and misconduct that the plaintiff motion papers go into detail describing. Why is it that Mr. Bender does not submit an affirmation denying the allegations? The reason the defendant’s papers do not address the issues in the motion is because they already know the outcome. Reading the Order to Show Cause that Judge Scarpino signed May 1, 2007, it is clear what the outcome of the proceedings will be.

I am asking you to immediately investigate the actions of the judicial personnel in my case who have denied my rights, continue to deny my rights, and continue to victimize me for what appears to be both a fear of doing the right thing, and an expectation that the unethical thing will be advantageous for them personally. I now turn to you and request that on behalf of all victims, that you do the right thing by addressing this blatant and unconscionable treatment of an abused spouse and send a message in no uncertain terms to the judges and the attorneys and court personnel in Westchester that fraud, corruption, and brutality will not be tolerated

Yours Truly,

Debra C. Weissman
cc: The Westchester Guardian

Westchester Divorce Courts Under Federal Scrutiny.

FBI Looking Into Allegations of Steering and Fraud in Westchester Supreme Court, Matrimonial Part.

It’s increasingly obvious that New York State’s Chief Judge, Judith Kaye is more than “a day late and a dollar short,” in her professed desire to retain her position on the Court Of Appeals, supposedly to clean up and reorganize the State Court System, at least with regard to the Westchester Courthouse. Reliable confidential sources have informed The Westchester Guardian that numerous individuals involved in divorce litigation in Westchester Supreme Court, mostly women, and male, non-monied spouses, have gone to the FBI to report a long-standing pattern of behavior between certain attorneys, from influential law firms, and judges sitting in the Matrimonial Part. Allegations of Gender Bias, and Case Fixing, by steering and fraud, similar to those lodged in June, that brought about the so-called “Historic Rotation” of four sitting judges, are reportedly under federal investigation, with possible RICO Charges forthcoming.

Additionally, The Guardian has learned that within the past several days Judge Kaye, as well as Sherrill Spatz, Special Inspector General, Office of Court Administration, each received a complaint implicating Administrative Judge Francis Nicolai, and alleging steering and case fixing, and that, “all Hell has broken loose on the 16th floor of the County Courthouse.” Not long ago Judge Donovan, one of the judges removed in June, was severely criticized by the Appellate Division, Second Department, State Supreme Court, for having forced a female non-monied party in a divorce action to use an attorney who he knew had been suspended from practice for appearing in court under the influence of illegal drugs.

Under 18 U.S.C.A. Section 1961 both criminal and civil actions may be brought under RICO statutes. Those who have brought their complaints to federal investigators have maintained that there exists a particular, and distinguishable, group of attorneys engaged in matrimonial litigation in Westchester, who, for some time, acting in concert with certain Supreme Court Judges, have engaged in a business enterprise against the interests of a particular class of individuals, resulting in an exchange of funds from said attorneys to said judges. It’s important to note that a number of aggrieved parties who recently elected to bring their complaints to Federal authorities, hadpreviously complained to Westchester District Attorney Janet DiFiore without result.

Analysis :For several years the Westchester Supreme Court, Matrimonial Part, has been the subject of severe scorn and criticism by overwhelming numbers of litigants who have charged blatant Due Process violations, disappearance of documents, forgery, and fraud in the distribution of marital assets, in addition to severe personal, and financial injury, and emotional distress to children and adult parties to custody actions prejudicially administered. It has been well known, for as many years, that certain law firms have wielded overreaching, and in some instances, unlawful, influence over the outcome of numerous matrimonial disputes, with tentacles reaching up into the Appellate Division.

It would now appear that the charges and countercharges that emerged last summer between Jim Montagnino and Frank Nicolai are continuing to reverberate. Furthermore, it does not appear that the mere removal of four judges by Nicolai is going to quell the years of anger and discontentment that have been the hallmark of far too many divorce cases adjudicated in the Westchester County Courthouse. No “band-aid solution” is going to make this problem go away. There’s been a “good old boys” environment around that building for so long, it’s going to take some serious surgery to finally purge the infection. Perhaps, “ Doctor” Michael Garcia, and his team of surgeons willbe needed to perform the operation.