Theres another round of big changes coming to Westchesters matrimonial courts.
Administrative Judge Alan Scheinkman tells me that he is the midst of reorganizing the court, which handles divorce cases. The court is losing one of its four judges to the Bronx, he said, leaving three to take on an overwhelming caseload.
Right now, the four matrimonial judges handle 150 to 200 cases. Each. Its causing divorces to drag on for years and years, Scheinkman said, and that has to stop. He wants to speed up the process by eliminating unnecessary motions filed by lawyers and keeping discovery deadlines firm. Not only would this save time, he said, but would reduce the financial and emotional costs for litigants.
Scheinkman, who oversees the 9th Judicial District, which includes Westchester, Rockland, Putnam, Orange and Dutchess counties, said he would have a better idea in a week or two of how the changes would work for matrimonial ""judges Linda Jamieson, Bruce Tolbert and Sam Walker"".
The last shake-up for the matrimonial courts was in 2006, when the state court system replaced three judges following complaints of mishandled divorce cases.
It began in the wake of a feud between Francis Nicolai, then the administrative judge of the 9th Judicial District, and special referee James Montagnino. Montagnino, a former county prosecutor and longtime court system employee, was accused by several litigants of treating them unfairly. Several female plaintiffs took particular offense at a lecture he gave at Pace Law School two years ago in which he discussed the 10583 Syndrome, a reference to Scarsdales zip code. He was talking about the mentality of stay-at-home mothers in upscale communities having a sense of entitlement to huge divorce settlements from their wealthy husbands.
Montagnino insisted that the comment was taken out of context from a discussion of the distribution of assets and that he was not biased against women and treated all litigants appropriately. He questioned the timing of the investigation, saying it was in response to his own criticism of Nicolai.
Whatever the reasons, Surrogate Anthony Scarpino was named supervising judge of the divorce courts and several judges handling matrimonial cases were reassigned. The role of special referees who mediate divorces also was curtailed; they can mediate custody cases or financial cases, but not both for the same litigants.
Montagnino was transferred to the 3rd Judicial District in Albany. Nicolai stepped down as administrative judge this year and became the presiding justice of the state Supreme Courts Appellate Term for the 9th and 10th districts.---------------------------------------------------
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Jury Exacts $8 Million Liability Against Phil Amicone in Freedom of the Press Lawsuit
By Hezi Aris
White Plains, NY, NY -- Sixteen plaintiffs shared in the jury award shy 60 cents of $8 million in which the City of Yonkers was exonerated from any liability in the freedom of the press lawsuit. The firm of DelBello Donnellan Weingarten Wise & Wiederkehr, LLP lost the suit in argument against Lovett & Bellantoni, LLP before the courtroom of the Hon. Cathy Seibel late afternoon on October 13, 2010. Judge Seibel was oftentimes solicited by counsel to maintain liability against the City of Yonkers but the Hon. Seibel denied the motion advising that Phil Amicone was personally liable for the actions he caused to take place. The argument taken against Richard Blassberg, et al, was meant to challenge the veracity of the written allegation within the pages of The Westchester Guardian in which it was written that Sassy performed a lap dance for Mayor Phil Amicone. Mayor Amicone denied the occasion took place. The jury did not believe him.
The jury believed the conduct perpetrated by mayoral edict, that is to deny The Westchester Guardian the ability to dispense its papers because its content offended Phil Amicones sensibilities was accepted by the jury and was the catalyst by which the almost $8 million in damages were awarded the former editor and the 15 other plaintiffs.
Justice Seibel did not make the jury privy to the fact that Yonkers Law100-35 was deemed unconstitutional in its written form. Judge Seibel, in agreement with counsel from both parties, believed the issue of the Constitutionality of Yonkers Law 100-35 was immaterial to the central issue before the court and jury, that is, whether the content of The Westchester Guardian was the catalyst for Phil Amicone engaging the largesse and might of the City of Yonkers to steal the blue, steel newspaper stands by which the weekly newspaper was dispensed. DPW Commissioner John Liszewski stated he was directed to remove two such newspaper stands by Mayor Amicone. The jury did not believe Mayor Amicone. In fact, Mayor Amicone perjured himself a few times.
The jury ruling is likely to be challenged within the 20 allotted days in which such a challenge may be consummated.
The Westchester Guardian Publisher Sam Zherka vowed to News 12 Westchester reporter Grace Noone that he will bring suit against Phil Amicone in favor of Yonkersites for the $1 million plus in taxpayer spent expenses to defend the illegal conduct put into action under the aegis of Mayor Amicone. Mr Zherka further advised that he would attain the best legal team available to collect the almost $8 million award.
Judge Cathy Seibel said, Freedom of the press is alive and well! And so it is.
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http://exposecorruptcourts.blogspot.com/2008/07/westchester-guardian-westchester-courts.html
Westchester Courts Exposed!
The Westchester Guardian - VOL.II NO. XXXXVIII (Thursday, July 03, 2008)
Judge Candidates Startling Allegations About Westchester Courthouse
Editors Note: The following White Paper statement by Court Attorney/Referee James Montagnino, candidate for Saratoga City Court Judge, originally forwarded to the Saratogian newspaper and published as a Readers View feature, is produced here with the authors consent for the relevance of its claims with regard to the Westchester Courthouse.
By James Montagnino
I worked my way through law school as a mechanic and a truck driver. My legal career began 22 years ago in the Bronx D.A.s Office, after which I served as an assistant D.A. in Westchester County. I prosecuted cases that ranged from DWI to the murder of a Yonkers police officer. Later, doing public defense work, I had the opportunity to see the other side of the justice system.
In 1995, I began my judicial career as principal law clerk to a county judge. Then, in 1999, I was asked to serve as a court attorney and referee in the matrimonial part in Westchester County. I presided over contested divorce cases for seven years from commencement to final judgment. I learned how difficult and challenging it is to make decisions that impact upon peoples lives. I also learned that with every ruling, a judge makes one temporary friend and one permanent enemy.
I saw the dark side of the downstate court system. Litigants with the right connections were able to get cases transferred away from judges who didnt see things their way. On more than one occasion, a judge was even directed to change rulings that he had made because one of the parties had secretly contacted that judges superior to ask for a favor. With great reluctance, I did what I saw as my duty and reported this misconduct to the authorities in the court system.
Litigants with the right connections were able to get cases transferred away from judges who didnt see things their way. On more than one occasion, a judge was even directed to change rulings that he had made because one of the parties had secretly contacted that judges superior to ask for a favor.
Within days of my complaint, some of the people involved in this steering and fixing of cases dug up a handful of litigants who were unhappy with rulings I had made. In retaliation for my having reported their wrongdoing, they tried to discredit me with claims of bias. After a full investigation, however, I was exonerated. As to my complaints of misconduct, they led to sweeping changes made in the way in which matrimonial cases were to be assigned and handled in the future.
I now work as a Court Attorney/Referee in the Supreme Court in the Capital District. My wife Nancy, whom I met and married in law school 22 years ago, is also an attorney. She now works with the mentally ill in the Adirondack Region. Our daughter Alexandra, 14, and our son Max, 11, are enjoying school here. Alex just completed a series of performances in a play at Caffe Lena, while Max is a patrol leader and first class scout in Troop 24.
My campaign committee will not seek or accept contributions from lawyers who practice in Saratoga. Instead, I am grateful for the support of people like former Mayor Valerie Keehn and the Skidmore Democrats, who have given this campaign their heartfelt endorsement.
I want to bring my years of judicial experience into service for our community. I believe that theres no small claim when its your claim, theres no simple assault when its your nose, and theres no petit larceny when its your property.