After the ‘appellate fourth’ had ruled that they were unaware of the merits of my case. I had to take appeal to the New York State Court of Appeals. I was appealing the decision that I was not allowed to proceed based on the merits of my case, while simultaneously the appellate fourth wasn’t allowing my case to be heard on its merits.
My support violation proceeding had commenced at this time, seeking my incarceration. Therefore, I was attempting to get the support order stayed before the county put me in jail. As a result, days mattered, so I hand-wrote this motion on-top of a template. This was faster then neatly superimposing text over the templates, as I had done so in the past. Doing this saved me a few days so it was worth it.
As of now these people have yet to put me in jail for refuting that they may enforce their dictations onto me, it’s to bad that this didn’t work out for them.
I didn’t make $20,000 a year, I was making effectively $0. The self support reserve was disregarded (while being referenced so it could be said that it was applied), so I could be made into a criminal. I’m presently on probation from this same order from this same proceeding.
As of January 12, 2018, the New York State Court of Appeals had yet to make a ruling on my motion to be heard in their court. As it can be seen in my motion above, the return date (the date for hearing/ruling) was November 27, 2017.
Just out of curiosity, where are you living if you made $0?
I was living with my parents. There was a great deal of media coverage about it…
…and now we get to the meat of the thing. In our last exchange, I pointed out the obvious problem with your filing:
“You are trying to misuse the appellate court to shoehorn new evidence and new arguments into the record. Yet you offer no legal explanation for why the court was in error to exclude them, you merely announce that they show your side of the story. So?
Look at what real filings are like, citing specific statutes, precedents, and pointing the court toward the important parts of the record: https://www.jdsupra.com/legalnews/attorneys-affirmation-in-support-of-mot-63929/
You just make bald declarations that the lower court is wrong and then hope some judge will make the time to go spelunking through pounds of paperwork and be your lawyer. It doesn’t work like that. You filed an appeal that offers the court absolutely nothing substantive to work with.”
The Fourth told you exactly the same thing. Verbatim from your own documents:
“…with leave to renew upon submission of a new motion that includes…an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained.”
They did not rule that you cannot be heard. In fact, they specifically invited you to be heard. They never denied the merits of your contentions, only that you had failed to state what it actually is that you contend.
Yet your response was to appeal further, on the grounds that it was “described quite vividly in my briefs”, briefs which you seem to admit were excluded at trial and which constitute some portion of the fifty-one pound (!!!) box of documents you shipped to the courthouse. As I said previously, nobody is going to wade through your convoluted “briefs” to figure out what your argument might actually be and whether or not any errors might have occurred. As your own attorney, it’s your job to state plainly in the motion what the legal problem is and where in the record it can be found so that the judge can determine whether or not you have a point.
It doesn’t take legal training, or even psychological training, to realize that you chose this route because, on some level, you knew your motion is beyond repair. You know damn well that you had no point, and were just doing this to vindictively harass the judge and your ex, hoping a higher court would acknowledge your inherent greatness and bully the lower court into giving you your way on your say-so alone. You fully reveal your mentality in your bizarre, agitated rants in Part 3, telling everyone who brings this to your attention to “move to North Korea”.
You paint yourself as a victim deserving of our sympathy for obsessively investing “day after day, for almost a year, trying to figure out what on earth a visitation order was”, a problem that only you seem to have. It is only you who somehow re-imagines getting fired from Best Buy for being a feckless, argumentative employee into gender discrimination. It is only you who has to be evicted from the family home because you just can’t figure out that you’re not supposed to be there anymore and handle it on your own. It is only you who feels the need to call 911 because someone prank-called you and uttered the word you cannot bear to hear: “loser”. You spend your time smugly trying to manipulate judges and police officers into forcing the world give you everything you want without earning it, yet play victim and cry foul when the long-established rules of the game you were so eager to play and thought you had hacked are explained to you.
You – and you alone – are the problem, squandering the precious hours of your life trying to discover a Konami code that you can punch into the system through some ludicrous handwritten motion and automatically win at the game of life without putting in the effort. Look at it. Look what you wrote. Plainly asked to state a reason this case is important and the appeals court should care, what did you say?
“I…”
You. An autistic narcissist, both self-important enough to believe that you are always right and that the courts are supposed to bow to your wishes, and socially oblivious enough to burn down your own life and make a complete mockery of yourself in the process of trying to make it happen. I’m sorry to say, but this is why nobody wants you anywhere near your son, and they’re right. Your values are a toxic ideology that glamorizes the relentless and predictable tidal wave of failure sewage you’ve rained down upon yourself as some sort of heroic quest. Stop it. Get some help.
Those briefs you mentioned were only sent to the appellate fourth, that’s the same court that “invited me” to make my case; after they had sent that same case back…
And I disagree with you that my contentions are without merit. This post is a good example of how they in fact, do have merit, and all that other stuff you say to the alternative is untrue. The unlawful support violation proceedings of Michael J. Rotondo in Onondaga County NY. (Part 2)
Finally, in response to your procedural objections, I think I did a pretty good job in that regard… Maybe we can just agree to disagree?
…and now we get to the meat of the thing. In our last exchange, I pointed out the obvious problem with your filing:
“You are trying to misuse the appellate court to shoehorn new evidence and new arguments into the record. Yet you offer no legal explanation for why the court was in error to exclude them, you merely announce that they show your side of the story. So?
Response: You can put whatever you want in your briefs. They were police reports they should have been allowed. The appellate court could have stayed the resulting orders, and ordered the case retried, so that same and other evidence could have been entered.
Look at what real filings are like, citing specific statutes, precedents, and pointing the court toward the important parts of the record: https://www.jdsupra.com/legalnews/attorneys-affirmation-in-support-of-mot-63929/
Response: So? Flings show the merits of your contentions.
You just make bald declarations that the lower court is wrong and then hope some judge will make the time to go spelunking through pounds of paperwork and be your lawyer. It doesn’t work like that. You filed an appeal that offers the court absolutely nothing substantive to work with.”
Response: I send them my case, I linked the posting on it.
The Fourth told you exactly the same thing. Verbatim from your own documents:
“…with leave to renew upon submission of a new motion that includes…an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained.”
They did not rule that you cannot be heard. In fact, they specifically invited you to be heard. They never denied the merits of your contentions, only that you had failed to state what it actually is that you contend.
Response: I send them my case, I linked the posting on it.
Yet your response was to appeal further, on the grounds that it was “described quite vividly in my briefs”, briefs which you seem to admit were excluded at trial and which constitute some portion of the fifty-one pound (!!!) box of documents you shipped to the courthouse.
Response: It was ¼ of the 51 pound box.
As I said previously, nobody is going to wade through your convoluted “briefs” to figure out what your argument might actually be and whether or not any errors might have occurred.
Response: But they’re required to…
As your own attorney, it’s your job to state plainly in the motion what the legal problem is and where in the record it can be found so that the judge can determine whether or not you have a point.
Response: They could pick any one thing, like the police reported that weren’t allowed to be entered, or how the court wouldn’t enforce the Custody/Visitation order.
It doesn’t take legal training, or even psychological training, to realize that you chose this route because, on some level, you knew your motion is beyond repair.
Response: Took the route of appeal? What was my alternative? I was a poor person, they sent back my case… Was I supposed to resend it with “the police reports weren’t entered, here’s one of them, give me my son back.”? You have to make a complete case; that’s what a case is…
You know damn well that you had no point, and were just doing this to vindictively harass the judge and your ex, hoping a higher court would acknowledge your inherent greatness and bully the lower court into giving you your way on your say-so alone.
Response: Read my content here
You fully reveal your mentality in your bizarre, agitated rants in Part 3, telling everyone who brings this to your attention to “move to North Korea”.
Response: Hey just curious, what are your thoughts on a residency there?
You paint yourself as a victim deserving of our sympathy for obsessively investing “day after day, for almost a year, trying to figure out what on earth a visitation order was”, a problem that only you seem to have. It is only you who somehow re-imagines getting fired from Best Buy for being a feckless, argumentative employee into gender discrimination.
Response: We’ll get to that case, don’t you worry…
It is only you who has to be evicted from the family home because you just can’t figure out that you’re not supposed to be there anymore and handle it on your own.
Response: I wanted a 6-month notice to quit, instead of a fast-track to the street. The details of that are on this site too…
It is only you who feels the need to call 911 because someone prank-called you and uttered the word you cannot bear to hear: “loser”.
Response: There weren’t any subsequent calls like that after, in part because the police told me to block restricted numbers; it was good advice.
You spend your time smugly trying to manipulate judges and police officers into forcing the world give you everything you want without earning it, yet play victim and cry foul when the long-established rules of the game you were so eager to play and thought you had hacked are explained to you.
Response: I have rights and cause. Asking that they are recognized isn’t a “hack”. The courts made it as difficult as possible for me to get rulings on my contentions because, those same contentions have merit. If my contentions didn’t have merit, then why didn’t they just do what they were supposed to and then, after hearing my contentions, rule against me?
You – and you alone – are the problem, squandering the precious hours of your life trying to discover a Konami code that you can punch into the system through some ludicrous handwritten motion and automatically win at the game of life without putting in the effort.
Response: When you ask for the appropriate remedy, you’re supposed to get it…
Look at it. Look what you wrote. Plainly asked to state a reason this case is important and the appeals court should care, what did you say?
“I…”
Response: “I…”?
You. An autistic narcissist, both self-important enough to believe that you are always right and that the courts are supposed to bow to your wishes, and socially oblivious enough to burn down your own life and make a complete mockery of yourself in the process of trying to make it happen. I’m sorry to say, but this is why nobody wants you anywhere near your son, and they’re right. Your values are a toxic ideology that glamorizes the relentless and predictable tidal wave of failure sewage you’ve rained down upon yourself as some sort of heroic quest. Stop it. Get some help.
Response: If I didn’t have some time waiting for my lunch to cook I wouldn’t have made this more thorough response to your comment, which your comment itself was quite long and more or less quashed through martial already available on my website…
“Response: But they’re required to…”
No, they’re not, and you choose, willfully, not to understand. This isn’t “Miracle on 34th Street”. You can’t just dump buckets of paper on an appeals court and demand that they do something because you’re sure something went wrong somewhere and you want them to find a way to decide in your favor. It’s your job at trial to show that your evidence is admissible, and to object on specific grounds if you believe it’s being wrongly excluded.
Things that don’t get into the trial record are generally irrelevant on appeal, and unfortunately for you, police reports are almost always inadmissible hearsay evidence. You keep mentioning them, but in all likelihood, they were handled correctly: you should have subpoenaed the witness who provided any information in the report you felt would be relevant so that they could provide sworn testimony to the facts you wanted the court to consider and then be cross-examined by your opponent. The report itself is just a piece of paper recording that someone made a claim, not evidence that the claims made within it are accurate, nor even evidence that the report itself is authentic until the author appears in court to testify to that fact.
https://www.law.cornell.edu/rules/fre/rule_803
“Response: Took the route of appeal? What was my alternative? I was a poor person, they sent back my case… Was I supposed to resend it with “the police reports weren’t entered, here’s one of them, give me my son back.”? You have to make a complete case; that’s what a case is…”
An itemized list of the legal errors you believe were made, the legal precedents which support your position, and where the record of these errors could be found in the box would have precisely the right thing to do, and is exactly what they asked you to provide in a new affidavit.
Instead you stomp your feet and appeal, on the bizarre notion that they’re making your case unduly “difficult” by simply asking you to offer one.
“Response: …If my contentions didn’t have merit, then why didn’t they just do what they were supposed to and then, after hearing my contentions, rule against me?”
They helpfully instructed you on how to proceed. You refused. They weren’t “supposed to” do anything else. There was no reason to waste more taxpayer-funded clerk hours on your wholly insufficient filing. It was disposed of efficiently and almost certainly correctly.
Response: “I…”?
Yes, you. Rather than offering any rationale whatsoever for why your case is significant and warrants the attention of an appellate court, all you could think of was your wants.
You don’t understand what you’re doing at all. I can understand not being able to afford a private attorney, but you should have gone to Legal Aid or similar before you wasted your day in court.
“Response: But they’re required to…”
No, they’re not, and you choose, willfully, not to understand.
Response: Steve, the courts are required to hear your pleadings, because one has the right to make their case.
This isn’t “Miracle on 34th Street”. You can’t just dump buckets of paper on an appeals court and demand that they do something because you’re sure something went wrong somewhere and you want them to find a way to decide in your favor.
Response: Except it’s crystal clear that there’s something wrong with the actions of these courts… My demands, I suppose, were to be heard; did you happen to overlook that?
It’s your job at trial to show that your evidence is admissible, and to object on specific grounds if you believe it’s being wrongly excluded.
Response: I had shown that I was entitled to what I was seeking, they didn’t want to recognize that; that’s why they sent my papers back… I’m not saying you have to agree with me, I’m only saying to you now, that you would do yourself a great service to recognize that you are wasting your time trying to convince me of something different. You can think that I’m being “completely unreasonable” or something similar for this, but, there is a possibility that you may just have to reconcile those feelings amongst yourself, without any concession from me whatsoever regarding my opinions on my matters – and that’s something you may need to bring yourself to, over the course of some time and through a little effort. Or don’t do that it really makes no difference to me…
Things that don’t get into the trial record are generally irrelevant on appeal,
Response: Citation?
and unfortunately for you, police reports are almost always inadmissible hearsay evidence.
Response: Citation…
You keep mentioning them, but in all likelihood, they were handled correctly: you should have subpoenaed the witness who provided any information in the report you felt would be relevant so that they could provide sworn testimony to the facts you wanted the court to consider and then be cross-examined by your opponent. The report itself is just a piece of paper recording that someone made a claim, not evidence that the claims made within it are accurate, nor even evidence that the report itself is authentic until the author appears in court to testify to that fact.
https://www.law.cornell.edu/rules/fre/rule_803
Response: Steve I’m very busy, but it looks like the link above describes evidence which is admissible (meaning it can be entered into evidence), in spite of any consideration that it may be hearsay (which, I don’t think you know what that is…) , for FEDERAL cases. The New York State Court of Appeals is a state court Steve. Here, have fun; I sure as hell did link…
“Response: Took the route of appeal? What was my alternative? I was a poor person, they sent back my case… Was I supposed to resend it with “the police reports weren’t entered, here’s one of them, give me my son back.”? You have to make a complete case; that’s what a case is…”
An itemized list of the legal errors you believe were made, the legal precedents which support your position, and where the record of these errors could be found in the box would have precisely the right thing to do, and is exactly what they asked you to provide in a new affidavit.
Response: My papers had shown, with supporting evidence, that the court had done the wrong thing…
Instead you stomp your feet and appeal, on the bizarre notion that they’re making your case unduly “difficult” by simply asking you to offer one.
Response: But they sent my papers back, which was my case; lookup “legal briefs”, they’re the case. I sent it to them.
“Response: …If my contentions didn’t have merit, then why didn’t they just do what they were supposed to and then, after hearing my contentions, rule against me?”
They helpfully instructed you on how to proceed. You refused.
Response: But they sent my papers back, which was my case; lookup “legal briefs”, they’re the case. I sent it to them.
They weren’t “supposed to” do anything else.
Response: What about perhaps, read the case that I sent them?
There was no reason to waste more taxpayer-funded clerk hours on your wholly insufficient filing. It was disposed of efficiently and almost certainly correctly.
Response: It really doesn’t look that way…
Response: “I…”?
Yes, you. Rather than offering any rationale whatsoever for why your case is significant and warrants the attention of an appellate court, all you could think of was your wants.
Response: I had prepared a thorough appeal; you know this…
You don’t understand what you’re doing at all. I can understand not being able to afford a private attorney, but you should have gone to Legal Aid or similar before you wasted your day in court.
Response: Wrong. Thanks for your comment…
I commented earlier but it didn’t show up. Maybe I filled the form wrong.
Anway, here’s my question: if you earned nothing, where and how are you living? I remember there was a story on you living at an AirBnb and the host let you stay for free in exchange for work around the house.
I work. I had already mentioned that it’s on this site somewhere.
Michael Retardo lost his 1ppeal once again says the oldest and most consistent newspaper in history