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Now after I had my appeal send back to me, the next thing that I had to do was file for permission to take my appeal as a poor person. The reason for this, was that I could not afford to proceed otherwise.

When you’re granted permission to proceed as a poor person, you don’t have to send as many copies of your filings to the court and also, other costs are eliminated as well. This was something that I needed, because otherwise I could not afford to proceed. The reason that I had filed all my papers without requesting for poor person relief beforehand, was that I would have had to wait for the approval of the request, and I didn’t want to wait for that extra month or so before filing something that could get my son back into my life.

As for the following order posted below; the “merit of the contentions”, were themselves described quite vividly in my briefs and stipulated record on appeal. So, I have a really hard time trying to understand how this denial, which characterizes the merits of my contentions as being unavailable to the court, to be substantiated by anything other than considerations which are exclusively academic. I had sent them my case. Mailing it back to me does not mean that they never received the contentions of an appeal that was sitting on their bench.

Motion to proceed as a poor person denied

When the ‘appellate fourth’ denied my motion to proceed as a poor person, they denied both that I was poor and, that my cases had merit. This is because when a motion to proceed as a poor person is heard by a court, it is also required that the merit of the contentions of the movant be considered as well. This is because, allowing a party to proceed without filing fees and the otherwise required filing copies, would allow a party to advance a proceeding without nearly any financial burden, and thereby allowing the possibly for a party, to burden another party, with a frivolous proceeding. This is why discretion needs to be taken when a party asks to proceed as a poor person, it isn’t simply a matter of if they are in fact unable to pay for the costs associated with a proceeding.

Luckily for me, I had been fighting for my right to due process for the past year or so, and had not gotten around to getting a job and had instead been learning the law. From this same lack of income, it was impossible for a court not to find that I qualified to proceed with the court fees waved; from this same lack of income alone.

By denying my motion to proceed as a poor person, I could use that dismissal to take subsequent appeal from, as it spoke to a denial of the merits of my contentions and not the denial of my represented inability to pay filing fees.

Without this facet of law, I would not have had anything to take subsequent appeal with, as the ‘appellate fourth’ was both refusing to hear my case, and also failing to issue a decision stating that.

I am very doubtful that this is the nature in which an attorney would have applied the law if I had hired one… They would have likely said “well you’ll have to pay me”, which I would have been unable to do; and then the case would have been dead.

30 comments

  1. I had also filed to proceed as a poor person for my son’s case, but I can’t find that denial letter from the court. I’ll post it when I find it but I don’t expect this to be any time soon.

  2. Your not a poor person when your parents own a home in the suburbs…you are not a poor person with a classic car in storage and a vw on the road…you are not a poor person who gets on infowars. You are a dumbass person…and your website is becoming rambling and spammy. Kill yourself. You wont post this.

  3. How about get a job AND learn the law. It sounds like you have plenty of time.

    Lots of people work AND go to school, study, etc.

    You ought to try it. Yes, it can be hard. But everything that is worthwhile is usually difficult.

    1. It sounds like you have plenty of time.
      Response: How? Do you have any idea how much time I had to spend on these cases in an attempt to both learn the law and apply it? Not to mention spending day after day, for almost a year, trying to figure out what on earth a visitation order was so that it could not be enforced as an order supposedly needed to be and also, trying to figure out what representations were needed to be made to the court to get them to enforce it (in which I had inadvertently, thoroughly disgraced myself through that(those) same act(s), of taking my pleadings to those courts), so that I would no longer have to endure the harassment, coercion and intimidation of my son’s mother regarding my son’s visitation.

      1. Just to clarify, I had inadvertantly disgraced myself, through the act of taking my pleadings to those courts; and through no other or separate act either in part or collectively.

    1. Just to clarify, I had inadvertantly disgraced myself, through the act of taking my pleadings to those courts; and through no other or separate act either in part or collectively.

  4. Lol did it occur to you the reason I keep saying you won’t post is because I want you to post and I know you will do the opposite of what I say

  5. When are you going to take this down…the whole thing is an embarrassment not just to you…but for me….you…as a poor person apparently can afford to put this crap in google search results. Im already unemployed and..it is scrolling my name past some worst stuff…but seriously…you need to take this shit down this is going to get you hurt…..you wont post this

  6. As I’ve told employees, while people can and do change, the best indicator of future behavior is past behavior.

    And your behavior is one of not working, and coming up with excuses why you can’t.

    Right now it’s the court case. After it’s over, or your son grows up, you’ll have a different excuse or reason

    Everyone makes time for things that are important to them; for you, it’s not working.

    I just hope you realize that one day you’ll be unable to work. But unfortunately, at that time you’ll have no assets on which to fall back upon.

    And Social Security will be just about non-existant, as you will not have made any contributions to speak of.

    Great example for your son. I hope you prove me wrong. But I wouldn’t bet on it.

  7. Micheal Rotondo and Hunter Falck are in LOVE!!!
    Maybe someday you two will practice law together!

    “Rotondo and Falck ( ‘Fat’ & ‘Fuck’ ) Attorneys at Law”

  8. Im not in love. I actually live in the Syracuse area and if I see this prick I’m going to make him take this s*** down

  9. Rod ive tried to get jobs where he is …there are none…the unemployment rate of 3.7 percent is a lie. Its more like 30 percent in the city of Syracuse. New york pads its numbers….like making duplicate city/town names.

  10. He mentally ill and non agreeable…admits to crimes online…is why he lost in court. The media wants to make this a work issue when its not. And he probably wont post this because its against his agenda of making ppl feel sorry for him.

  11. Its not about working .. Rod… Social security…900 a month….is a pittance. You cant live a normal life on it. Everybody should get it in my opinion. It puts a roof over your head. This is NOT a work issue. There is no work unless u work for nys government. He is profiting off peoples ridicule for being mentally ill. Just like he had the water bottle on TV. This guy is fake news.

  12. Is it really that difficult to just do what the courts ask of you if you really want to see your son?
    If they ask you to go on meds and see a psychiatrist, do it.
    If they say you can only see your son every other weekend, do it.
    If they want it to be supervised, agree to it, whenever, wherever, and however often they want to provide it because they would never require the supervision and then not provide it.
    If they say pay your child support, do it.
    A person that really wants to see their child would do anything asked of them in order to see their child, and the things I mentioned above are MINIMAL requests. Do not be difficult just for the sake of being difficult or because you think “it’s not fair.” Do not provide them excuses because in their minds there are no valid excuses. If you want to see your kid, you will do what they ask of you regardless of whether or not it is fair because the ultimate result will be time spent with your child. LIFE IS NOT FAIR. Once they see that you are willing to put forth effort and abide by their rules that they have created for the best interest of your child, you MIGHT begin to have more independence with him and assist in making decisions. Unless you have a job or court ordered community service or something, you don’t get to make decisions about which days work best for you for visitation right now, suck it up and take it if you want to see your son.
    If you can’t do the things the court is asking of you GIVE UP CUSTODY and leave the poor child and his mother alone so they can move on with their lives and attempt to give him a stable childhood.

    1. Is it really that difficult to just do what the courts ask of you if you really want to see your son?
      Response: Yes, because if I let them treat my son and myself like their property; then honestly, what’s the point? “Give me liberty or give me death” isn’t an example of someone who was being stubborn…
      If they ask you to go on meds and see a psychiatrist, do it. If they say you can only see your son every other weekend, do it.
      Response: This is ridiculous, go to North Korea; they make it really easy for you to live this way you’ll be in paradise.
      If they want it to be supervised, agree to it, whenever, wherever, and however often they want to provide it because they would never require the supervision and then not provide it.
      Response: They didn’t provide it, and they knew I didn’t have the money to pay for it. Have you seen the content of this website???
      If they say pay your child support, do it. A person that really wants to see their child would do anything asked of them in order to see their child, and the things I mentioned above are MINIMAL requests. Do not be difficult just for the sake of being difficult or because you think “it’s not fair.” Do not provide them excuses because in their minds there are no valid excuses.
      Response: Who cares what they think? So it’s your belief that my interpretation of the situation is illegitimate, because I’m not a judge? Lawyers and judges are the same as you and I and in case you forgot, those people make mistakes and do things like execute people without just cause all the time.
      If you want to see your kid, you will do what they ask of you regardless of whether or not it is fair because the ultimate result will be time spent with your child.
      Response: If you had read my content you probably wouldn’t think this. It’s pretty clear my family court matters aren’t legitimate proceedings. And I did everything I could to try and see him, after they made it so I couldn’t.
      LIFE IS NOT FAIR. Once they see that you are willing to put forth effort and abide by their rules that they have created for the best interest of your child, you MIGHT begin to have more independence with him and assist in making decisions.
      Response: I have rights, I don’t need their approval for the kind of person that I am in order to see my child.
      Unless you have a job or court ordered community service or something, you don’t get to make decisions about which days work best for you for visitation right now, suck it up and take it if you want to see your son.
      Response: That doesn’t make sense, what of I want to see him on a weekend-day? Are you acknowledging that “my name is mud” in the court’s eyes? If so, is that is a relevant finding? You’re making me feel that responding to your comment was a waste of my time…
      If you can’t do the things the court is asking of you GIVE UP CUSTODY and leave the poor child and his mother alone so they can move on with their lives and attempt to give him a stable childhood.
      Response: Poor child, because I want to see him?!? What exactly is your concern here with my beliefs regarding my rights and how I demand them? Is it that you don’t like that I oppose the decisions of the court? You think after all the courts that I’ve fought for what’s turning into years now, that you’re comment is going to make a difference to me? And you’re calling me unreasonable, and telling me that I’m fighting an empty fight…

  13. Jay C, you have Excellent Words of Wisdom. I don’t hold much hope that he’ll avail himself of it, but yours words had much truth to them.

    I’ll repeat what I commented earlier: people make time for things that are important to them. I often tell myself I’ll work out more, but if truly having a toned body was important to me, I’d make time for it.

    Mr. Rotondo is not going to do any of what you suggested, because in the end his son is not all that important to him.

    If he was…he’d be doing everything you said, and then some.

    I don’t mean to be rude, but it’s the truth

      1. It is, in fact reflective of the nature of the situation, Mike. If seeing your son was really the MOST IMPORTANT THING, you would do what is asked of you and the sue them for whatever you think is unfair or illegal afterwards. Because this ISN’T North Korea, you are able to do that. They aren’t making unreasonable demands, you’re just upset that they have control over the situation and you don’t.
        Your son doesn’t see this as you fighting for liberty, he just sees you as unwilling to do what is necessary to see him and not even loving him enough to provide for him financially. He sees it this way now and he will see it this way when he is old enough to understand more too. You’re not only ruining your relationship with your son, you are damaging him by making him feel like he isn’t good enough for you to want to do what is necessary to see him.

        1. It is, in fact reflective of the nature of the situation, Mike. If seeing your son was really the MOST IMPORTANT THING, you would do what is asked of you and the sue them for whatever you think is unfair or illegal afterwards.
          Response: It doesn’t work like that. You have no idea what you’re talking about.
          Because this ISN’T North Korea, you are able to do that.
          Response: Right, but they have already taken my son without just cause so, what you’re saying that because this isn’t North Korea I can corroborate their wishes, then ask for them afterward to change their position…? How, could it be considered that they would agree with me, that second time around…?
          They aren’t making unreasonable demands,
          Response: Neither am I, so why aren’t they just meeting them?
          you’re just upset that they have control over the situation and you don’t.
          Response: I’m upset about what they did. So, yeah, I agree…
          Your son doesn’t see this as you fighting for liberty,
          Response: Uhhh, what? Are, are you making things up, about what my son himself thinks, to support your argument?
          he just sees you as unwilling to do what is necessary to see him and not even loving him enough to provide for him financially.
          Response: Ok do you see how the court is acting as if my son and I are their property? The government doesn’t have the power to manipulate me as they are in a way that is supported by law thereby, if you disagree, you should move to North Korea it’s where you belong.
          He sees it this way now and he will see it this way when he is old enough to understand more too.
          Response: Have you considered that maybe you’re imparting you own opinions onto my son, in an attempt to support your own opinion? Maybe you’re doing that just a little?
          You’re not only ruining your relationship with your son,
          Response: No, that’s what the court is doing… The court made it so I can’t see him, and I’m fighting it. How is parenting time, supervised by a mental health professional, a thing? How could it possibly be considered that after years of spending time with my child unobstructed, that for absolutely no reason, without the police, or a medical professional having any involvement with me, that following my family court matters the only way that the court can feel comfortable with myself being with my son, is if my son and I are in the presence of a mental health professional? How could they have the consideration that there’s something wrong with my parenting, that the only way that it can be properly identified is by a genuine mental health professional?!? It is completely absurd Jay C, especially considering that if that is genuinely reflective of the facts, then how could the court have possibly known this without myself having been seen by a mental health professional or even a doctor, in years! Do you yourself believe, that the wisdom of the court is so immaculate that they have that insite? If they really were that wise Jay, then they would have made it legal for them to do this prior to it. One of the rules of evidence is that you need some… In summation, how can they find that a mental health professional is required, without first having the opinion of a mental health professional beforehand.
          you are damaging him by making him feel like he isn’t good enough for you to want to do what is necessary to see him.
          Response: Nope, wrong. I hope you read my responses and I hope I made myself clear. Thank you for your comment.

  14. Look man. The internet is evil. the internet is a hole. It will not help you. It will only magnify the naysayers. Get your name and every trace of it off the internet while you still can. You admitted to crimes on this site thats why you lost custody. I’d swear my left arm on it. They have people who just troll the computer on taxpayers’ money. Get your name OFF the internet and they can’t say you did anything wrong, say, 3 years from now. you werent on the internet. They have nothing against you!

    1. Look man. The internet is evil. the internet is a hole. It will not help you. It will only magnify the naysayers. Get your name and every trace of it off the internet while you still can. You admitted to crimes on this site thats why you lost custody.
      Response: No, I didn’t.
      I’d swear my left arm on it.
      Response: You don’t have to do that.
      They have people who just troll the computer on taxpayers’ money. Get your name OFF the internet and they can’t say you did anything wrong, say, 3 years from now. you werent on the internet. They have nothing against you!
      Response: Ok, thanks for your comment.

    1. If you’re saying that I (people) need to work in general, then yeah I agree with that but, if you’re saying that I needed to get a job because that’s what the court wanted me to do, then I disagree because it doesn’t work that… The court consists of regular people like you and I. The judges who run the courts don’t have the ability to use the police, etc., to enforce their wishes onto the rest of us.

  15. Are you on drugs? Also, how exactly did you become the father to your son? Was it a one night stand thing or were you actually in a relationship? What is she like? What is your son like?

    Nobody cares about your legal troubles. Everybody is looking for a human side to this story.

    And drop the patriotic ‘live free or die’ whatever. Is that your main identity, Tea Party Patriot? Why? Do you associate with these people outside of the internet?

    Do you have any friends? Have you seen your parents since you were evicted?

    What do you do all day?

    Just curious.

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