Preview
FILED: BRONX COUNTY CLERK 02/23/2023 05:52 PM INDEX NO. 1576/2004E
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2023
NEW YORK SUPREME COURT - COUNTY OF BRONX
IAS PART 08
PEOPLE OF THE STATE OF NEW YORK, by
ELIOT SPITZER, Attorney General of the State of
New York,
Petitioner, INDEX No. 1576/2004
-against-
EDWIN RIVERA, d/b/a 1NMIGRACION HOY,
INMIGRACION HOY NEWS TODAY and
FORENSIC IMMIGRATION LAW,
Present:
Respondents, HON. BETTY OWEN STINSON
J.S.C.
Pursuant to Executive Law § 63(12).
The following papers numbered 1 to 4 read on this motion for miscellaneous relief
Noticed on 07-22-04 and submitted as No. 39 on the Calendar of 11-10-04
PAPERS NUMBERED
Notice of Motion -Exhibits and Affidavits Annexed......_.... ...-................
Order to Show Cause-..-..........--...............-.............-.”... ....................
Answering Affidavit and Exhibits..--..--._”.-......__.-................ 3
Replying Affidavits and Exhibits_...-.-.-.....-....--..-................ 4
Stipulations - Referee's Report -
Minutes”_._.--...........-... ..........
Memoranda of Law..---...._. .--.......-.._.-.-........-.............. 2
Upon the foregoing papers this motion is decided per annexed memorandum decision.
Dated: May fo , 2005
Bronx, New York
BE OWEN STINSON. J.S.C.
FILED: BRONX COUNTY CLERK 02/23/2023 05:52 PM INDEX NO. 1576/2004E
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX: IAS PART 8
____________--_____--------X
PEOPLE OF THE STATE OF NEW YORK, by
ELIOT SPITZER, General of the State of
Attorney
New York,
Petitioner, INDEX Na
1576/2004
-against-
DECISION/ORDER
EDWIN RIVERA, d/b/a INMIGRACION HOY,
INMIGARCION HOY NEWS TODAY and
FORENSIC IMMIGRATION LAW,
Respondent,
Pursuant to Executive Law § 63(12).
---------____________________Ç
HON. BETTY OWEN STINSON:
This petition for an order permanently enjoining respondent from engaging in the
fraudulent or illegal practices alleged; respondent to provide
directing petitioner with an
accounting of each consumer transaction in the area of immigration, personal injury, criminal law,
commercial, business, divorce and family law, including the names and addresses of all
transaction and all documentation each
concerning transaction; permanently enjoining respondent
from destroying or disposing of any records to his
pertaining business; directing respondent to pay
civil penalties for each violation, a discretionary allowance of $2,000 to the petitioner and
restitution to any consumers shown to be injured by respondent's illegal activities, is granted to
the extent that petitioner shall settle an order on notice in accordance with this decision.
Respondent operates a business offering immigration advice and services for a fee; has
FILED: BRONX COUNTY CLERK 02/23/2023 05:52 PM INDEX NO. 1576/2004E
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2023
appeared on radio programs immigration
explaining law; has advertised services to
relating
immigration and other areas of law personal
including injury, criminal, business, commercial,
family law and divorce and has employed attomeys for the purpose of practicing law in his office
under the name of Edwin Rivera and Associates. Respondent is admittedly not an attorney, but
rather an accountant. No certificate has been filed with the County Clerk, the
registering business,
as is required by New York State law. in response
Apparently to various complaints filed with the
Office of Attorney General of the State of New York, petitioner brought the within proceeding
against respondent to seek an order him from
enjoining representing himself as a lawyer; offering
to help immigrants gain permanent through the provisions
residency of a "DREAM Act", which is
not an act but rather a bill under consideration by a congressional cornmittee; giving false
information to clients their immigration to provide
regarding status; failing the services promised
and refusing to give refunds for services not provided.
Executive Law § 63(12) provides that
[w]henever any person shall engage in repeated fraudulent or
illegal acts or otherwise demonstrate persistent fraud or illegality
in the carrying on, conducting or transaction of business, the
attorney general may apply . . . for an order the
enjoining
continuance of such business activity or of any fraudulent or
illegal acts, directing restitution and damages and . . . the court
may award the relief applied for or so much thereof as it may
"fraud" "fraudulent"
deem proper. The word or as used herein
shall include any device, scheme or artifice to defraud and any
deception, misrepresentation, concealrnent, suppression, false
pretense, false promise or unconscionable contractual provision.
fraud" "illegality"
The term "persistent or as used herein shall
include continuance or carrying on of any fraudulent or illegal
"repeated"
act or conduct. The term as used herein shall include
repetition of any separate and distinct fraudulent or illegal act,
or conduct which affects rnore than one person.
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2023
Any conduct which violates State or Federal law or regulation is actionable under this provision.
, 185 Misc.2d 852 (Sup. Ct. NY Co. 1999).
PhN
"Fraud"
under § 63(12) has been interpreted to require
broadly only a showing that the action has
a potential to deceive. Id , citing
206 A.D.2d 266 (1
Dep't 1994). A mere of "a number of separate
showing and distinct fraudulent or illegal acts
which affect more individual"
than one is sufficient to establish repeated or persistent violations.
, 153 Misc.2d 938 (Sup. Ct. NY Co. 1991).
Deceptive acts and practices in the conduct of any business or the furnishing of services
are unlawful. General Business Law ("GBL") § 349(a). Pursuant to the powers granted under
Executive Law § 63(12), the Attorney General seek an injunction,
may restraining such acts, and
restitution for the harm caused GBL
by them. § 349(b). False advertising in the conduct of a
business or the furnishing of services is also illegal. GBL § 350. To demonstrate a violation of
GBL § 350, a petitioner must show that the advertising had an impact on consumers at large, was
deceptive or misleading in a material and resulted in injury. An
way
(2"d
Hewjett_P_apiard, 300 A.D.2d 608 Dep't 2002).
under his or her real name unless a certificate is filed with the Clerk
County containing the name
of the business and the names and addresses of all persons doing business under that name. GBL
§ 130(a). If the business is incorporated, is a limited partnership or limited liability company, it
may file a certificate with the Secretary of State.
Under GBL § 350-d, persons engaged in the acts prohibited by §§ 349 and 350 shall be
liable to civil penalties of up to $500 for each violation. Furthermore, Civil Practice Law and
FILED: BRONX COUNTY CLERK 02/23/2023 05:52 PM INDEX NO. 1576/2004E
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2023
Rules ("CPLR") § 8303(a)(6) allows the court to award the Attorney General an amount up to
$2,000, payable by the respondent, in proceedings brought pursuant to Executive Law § 63(12).
It is unlawful for a natural person to practice or appear as an attorney-at-law for a person
other than himself in a court of record, to furnish attorneys to render legal services, to hold
himself out to the public as being entitled to practice law or to advertise the title of lawyer or
attorney in such a manner as to convey the impression that he is a legal practitioner of law or that
he maintains a law office alone or with without
others, having first been duly licensed and
admitted to practice law in the courts of record of this state and without having taicen the
constitutional oath. law"
Judiciary Law § 478. The "practice of includes of legal
rendering
advice as well as appearing in court and holding oneself out to be a lawyer.
Eh
S_eam_an, 72 N.Y.2d 701 (1988). The preparation of documents and services performed relative to
the business of procuring immigration visas for aliens and services
advertising available in
immigration matters does not constitute the "practice oflaw". Fedemi Bar Association v.
OpoLdsmith, 280 N.Y. 529 (1939).
In support of the petition, the Attorney General offered copies of several newspaper
respondent concerning immigration issues and legal services, the affidavit of petitioner's Spanish-
to-English translator, the affidavit of petitioner's student aide who called respondent's office to
inquire about the services offered, copies of six consumer complaints, copies of six appeals to the
U.S. Department of Justice Irnmigration and Naturalization Service signed
("INS") by respondent,
"DREAM"
a copy of the bill before congress and a report by the Clerk that
County showing
respondent has not filed a business certificate under any of the business names shown in the
4
FILED: BRONX COUNTY CLERK 02/23/2023 05:52 PM INDEX NO. 1576/2004E
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2023
caption of this petition.
The first advertisement (petitioner's exhibits Act"
B-1) represents the "New Law Dream
"passed"
as having on November 2003 and
25, conditioning permanent for
residency
undocumented immigrants on the achievement of a high school diploma and arrival in this
country before the age of sixteen. Petitioner argued that this advertisement under the name of
Hoy"
"Inmigracion amounts to false in violation
advertising of GBL § 350, because it
Act"
misrepresents the "Dream as a law, instead of as a bill, and misrepresents the proposed
conditions for permanent contained in the bill.
residency According to petitioner, there are
additional conditions edntained in the bill under consideration which are not even rnentioned by
respondent in his advertisernent.
The second advertisement (petitioner's exhibit under the name
B-2), of "Inmigracion Hoy
News Today", states that the "American law"
government passed at last a the
offering opportunity
for permanent residene to those who have a high institute or university
school, degree from an
educational institution in this country, have demonstrated irreproachable conduct and arrived in
the United States before the age of sixteen. The advertisement states that "Inmigracion Hoy News
way to protect undocumpnted immigrants from possible deportation. Petitioner argued that these
representations are in violation of GBL § 350 for the same reasons as the first advertisement.
A third advertisement (petitioner's exhibit B-3) invites listeners to hear the "advice,
solution"
responses, opinions and e frank regarding irarnigration law on a radio prograrn hosted
by "attorney Edwin Rivera", a "studious [sic] of these laws". Petitioner argued that respondent
FILED: BRONX COUNTY CLERK 02/23/2023 05:52 PM INDEX NO. 1576/2004E
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2023
The fourth advertisement (petitioner's exhibit B-4), under the of "Inmigracion
heading
Hoy" Associates"
and "Edwin Rivera and states that they are "specialists" in irnmigration cases
as well as personal and criminal
injury accidents, cases, commercial and business cases, family
law and divorces. Petitioner argued that this advertisement constitutes false in
advertising
violation of GBL § 350 and conveys the impression that respondent is an attorney in violation of
Judiciary Law § 478
The fifth advertisement (petitioner's exhibit is very
B-5) similar to the first, with the added
requirement of a negative history for arrests as another condition for permanent residency under
the "passed"
"Dream Act Law", in 2003. Petitioner argued that this advertisement violates GBL §
350 in claiming the bill in question had been enacted into law and misrepresenting the
requirements of the bill.
The sixth advertisement (petitioner's exhibit gives notice of a return to the
B-6) airwaves
Today"
of "Inmigracion Hey News with Edwin Rivera". Petitioner
"attorney argued that this
violates Judiciary Law § 478 by representing respondent to be an attorney.
works for the Consumer Frauds Bureau of the Attorney General's Office and was required to pass
a qualifying test for the position. She stated further that she translated several complaints related
to this proceeding and the advertisements rnentioned above. The affidavit of the student aide who
works for the Attorney General's Office stated that she called the telephone nurnber on the
Hoy"
newspaper advertisements for "Inrnigracion and asked about the "Dream Act". She stated
she was Act"
told by a woman answering the phone that the cost for processing a "Drearn
FILED: BRONX COUNTY CLERK 02/23/2023 05:52 PM INDEX NO. 1576/2004E
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2023
Hoy"
application by "Inmigracion would be $1,500, which could be made on a payment schedule,
and that she could make an appointment to rneet with a lawyer by the name of Edwin Rivera to
discuss any issue related to permanent status. She
residency stated she was assured the
application process Hoy"
undertaken by "Inmigracion was guaranteed to be successful.
The consumer complaints offered by petitioner were accompanied by receipts for
thousands of dollars charged by respondent in exchange for preparing applications for permanent
residency. Certain complainants stated they made appointments with respondent after hearing
him on the radio, that he represented himself to be a lawyer, that he misrepresented the "Dream
Act"
as law and misrepresented the requirements for legal residency. One complainant he
stated
was told by respondent to ignore a letter from INS the residency application
denying because that
determination had been annulled by a U.S. Supreme Court decision. One of the complaints
contained a copy of a card Hoy"
with the names of "Inmigracion and "Radio 1660
Unica, AM",
Office"
advertising the "Law of "Edwin Rivera, Director". Another complainant stated that
respondent told him there was an order of deportation out for him and that respondent could
resolve his problem for a fee. The complainant was informed
subsequently by INS that there was
not an attorney. Another complainant stated respondent told him to marry in order to receive a
work permit within four months and that he is still waiting for the perrnit. All the complainants
stated that respondent was no longer available to them once they returned to his office to find out
why their respective problems had not been resolved and that he has refused to refund their
money. Petitioner argued that the above complaints demonstrate instances of deceptive acts and
practices in violation of GBL § 349, false advertising in violation of GBL § 350 and
FILED: BRONX COUNTY CLERK 02/23/2023 05:52 PM INDEX NO. 1576/2004E
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2023
misrepresentation of respondent as an attomey in violation of Judiciary Law § 478.
Petitioner offered copies of various "Notice of Motion Reopen"
to filed with the INS on
behalf of five persons who are not the same as the complainants mentioned above. The motions
are signed at the bottom over a line the signature Esq."
identifying as that of "Edwin Rivera,
Petitioner argued that respondent represented himself to INS as an attorney through these motion
papers.
Respondent generally denied all the allegations against but admitted he is not
him, that an
attorney. He Act" "passed"
admitted that the "Dream was a bill, not a law, and
only only by the
House. Respondent's Answer to Amended p. 26. Respondent argued that
Petition, petitioner
cannot bring this petition without that the Attorney General has expertise in
demonstrating
immigration law. He stated that while he was a radio show host immigration and other
"offering
legal services to New York's community, there were several attorneys
Spanish-speaking working
with him in his office". E, p. 19. He stated that he has been clients in his
assisting accounting
practice since 1967 and the attorneys in his office, combined, have years of experience.
twenty
E, p. 22. Respondent denied charging $1,500 for his services or guaranteeing success.
Respondent argued that petitioner's translation of his advertisements into English was
inaccurate and that translator dialects"
the was not an expert in the "various of Spanish.
Respondent's Answer to Amended Petition, p. 21. Respondent agreed that he represented hirnself
as a "licenciado", but never as an attorney or "abogado". 1, p. 24. He did not offer his opinion
as to the meaning of "licenciado". He did not offer expert opinion or dictionary reference as to a
FILED: BRONX COUNTY CLERK 02/23/2023 05:52 PM INDEX NO. 1576/2004E
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2023
Preview
FILED: BRONX COUNTY CLERK 02/23/2023 05:52 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2023 NEW YORK SUPREME COURT - COUNTY OF BRONX IAS PART 08 PEOPLE OF THE STATE OF NEW YORK, by ELIOT SPITZER, Attorney General of the State of New York, Petitioner, INDEX No. 1576/2004 -against- EDWIN RIVERA, d/b/a 1NMIGRACION HOY, INMIGRACION HOY NEWS TODAY and FORENSIC IMMIGRATION LAW, Present: Respondents, HON. BETTY OWEN STINSON J.S.C. Pursuant to Executive Law § 63(12). The following papers numbered 1 to 4 read on this motion for miscellaneous relief Noticed on 07-22-04 and submitted as No. 39 on the Calendar of 11-10-04 PAPERS NUMBERED Notice of Motion -Exhibits and Affidavits Annexed......_.... ...-................ Order to Show Cause-..-..........--...............-.............-.”... .................... Answering Affidavit and Exhibits..--..--._”.-......__.-................ 3 Replying Affidavits and Exhibits_...-.-.-.....-....--..-................ 4 Stipulations - Referee's Report - Minutes”_._.--...........-... .......... Memoranda of Law..---...._. .--.......-.._.-.-........-.............. 2 Upon the foregoing papers this motion is decided per annexed memorandum decision. Dated: May fo , 2005 Bronx, New York BE OWEN STINSON. J.S.C. FILED: BRONX COUNTY CLERK 02/23/2023 05:52 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX: IAS PART 8 ____________--_____--------X PEOPLE OF THE STATE OF NEW YORK, by ELIOT SPITZER, General of the State of Attorney New York, Petitioner, INDEX Na 1576/2004 -against- DECISION/ORDER EDWIN RIVERA, d/b/a INMIGRACION HOY, INMIGARCION HOY NEWS TODAY and FORENSIC IMMIGRATION LAW, Respondent, Pursuant to Executive Law § 63(12). ---------____________________Ç HON. BETTY OWEN STINSON: This petition for an order permanently enjoining respondent from engaging in the fraudulent or illegal practices alleged; respondent to provide directing petitioner with an accounting of each consumer transaction in the area of immigration, personal injury, criminal law, commercial, business, divorce and family law, including the names and addresses of all transaction and all documentation each concerning transaction; permanently enjoining respondent from destroying or disposing of any records to his pertaining business; directing respondent to pay civil penalties for each violation, a discretionary allowance of $2,000 to the petitioner and restitution to any consumers shown to be injured by respondent's illegal activities, is granted to the extent that petitioner shall settle an order on notice in accordance with this decision. Respondent operates a business offering immigration advice and services for a fee; has FILED: BRONX COUNTY CLERK 02/23/2023 05:52 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2023 appeared on radio programs immigration explaining law; has advertised services to relating immigration and other areas of law personal including injury, criminal, business, commercial, family law and divorce and has employed attomeys for the purpose of practicing law in his office under the name of Edwin Rivera and Associates. Respondent is admittedly not an attorney, but rather an accountant. No certificate has been filed with the County Clerk, the registering business, as is required by New York State law. in response Apparently to various complaints filed with the Office of Attorney General of the State of New York, petitioner brought the within proceeding against respondent to seek an order him from enjoining representing himself as a lawyer; offering to help immigrants gain permanent through the provisions residency of a "DREAM Act", which is not an act but rather a bill under consideration by a congressional cornmittee; giving false information to clients their immigration to provide regarding status; failing the services promised and refusing to give refunds for services not provided. Executive Law § 63(12) provides that [w]henever any person shall engage in repeated fraudulent or illegal acts or otherwise demonstrate persistent fraud or illegality in the carrying on, conducting or transaction of business, the attorney general may apply . . . for an order the enjoining continuance of such business activity or of any fraudulent or illegal acts, directing restitution and damages and . . . the court may award the relief applied for or so much thereof as it may "fraud" "fraudulent" deem proper. The word or as used herein shall include any device, scheme or artifice to defraud and any deception, misrepresentation, concealrnent, suppression, false pretense, false promise or unconscionable contractual provision. fraud" "illegality" The term "persistent or as used herein shall include continuance or carrying on of any fraudulent or illegal "repeated" act or conduct. The term as used herein shall include repetition of any separate and distinct fraudulent or illegal act, or conduct which affects rnore than one person. FILED: BRONX COUNTY CLERK 02/23/2023 05:52 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2023 Any conduct which violates State or Federal law or regulation is actionable under this provision. , 185 Misc.2d 852 (Sup. Ct. NY Co. 1999). PhN "Fraud" under § 63(12) has been interpreted to require broadly only a showing that the action has a potential to deceive. Id , citing 206 A.D.2d 266 (1 Dep't 1994). A mere of "a number of separate showing and distinct fraudulent or illegal acts which affect more individual" than one is sufficient to establish repeated or persistent violations. , 153 Misc.2d 938 (Sup. Ct. NY Co. 1991). Deceptive acts and practices in the conduct of any business or the furnishing of services are unlawful. General Business Law ("GBL") § 349(a). Pursuant to the powers granted under Executive Law § 63(12), the Attorney General seek an injunction, may restraining such acts, and restitution for the harm caused GBL by them. § 349(b). False advertising in the conduct of a business or the furnishing of services is also illegal. GBL § 350. To demonstrate a violation of GBL § 350, a petitioner must show that the advertising had an impact on consumers at large, was deceptive or misleading in a material and resulted in injury. An way (2"d Hewjett_P_apiard, 300 A.D.2d 608 Dep't 2002). under his or her real name unless a certificate is filed with the Clerk County containing the name of the business and the names and addresses of all persons doing business under that name. GBL § 130(a). If the business is incorporated, is a limited partnership or limited liability company, it may file a certificate with the Secretary of State. Under GBL § 350-d, persons engaged in the acts prohibited by §§ 349 and 350 shall be liable to civil penalties of up to $500 for each violation. Furthermore, Civil Practice Law and FILED: BRONX COUNTY CLERK 02/23/2023 05:52 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2023 Rules ("CPLR") § 8303(a)(6) allows the court to award the Attorney General an amount up to $2,000, payable by the respondent, in proceedings brought pursuant to Executive Law § 63(12). It is unlawful for a natural person to practice or appear as an attorney-at-law for a person other than himself in a court of record, to furnish attorneys to render legal services, to hold himself out to the public as being entitled to practice law or to advertise the title of lawyer or attorney in such a manner as to convey the impression that he is a legal practitioner of law or that he maintains a law office alone or with without others, having first been duly licensed and admitted to practice law in the courts of record of this state and without having taicen the constitutional oath. law" Judiciary Law § 478. The "practice of includes of legal rendering advice as well as appearing in court and holding oneself out to be a lawyer. Eh S_eam_an, 72 N.Y.2d 701 (1988). The preparation of documents and services performed relative to the business of procuring immigration visas for aliens and services advertising available in immigration matters does not constitute the "practice oflaw". Fedemi Bar Association v. OpoLdsmith, 280 N.Y. 529 (1939). In support of the petition, the Attorney General offered copies of several newspaper respondent concerning immigration issues and legal services, the affidavit of petitioner's Spanish- to-English translator, the affidavit of petitioner's student aide who called respondent's office to inquire about the services offered, copies of six consumer complaints, copies of six appeals to the U.S. Department of Justice Irnmigration and Naturalization Service signed ("INS") by respondent, "DREAM" a copy of the bill before congress and a report by the Clerk that County showing respondent has not filed a business certificate under any of the business names shown in the 4 FILED: BRONX COUNTY CLERK 02/23/2023 05:52 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2023 caption of this petition. The first advertisement (petitioner's exhibits Act" B-1) represents the "New Law Dream "passed" as having on November 2003 and 25, conditioning permanent for residency undocumented immigrants on the achievement of a high school diploma and arrival in this country before the age of sixteen. Petitioner argued that this advertisement under the name of Hoy" "Inmigracion amounts to false in violation advertising of GBL § 350, because it Act" misrepresents the "Dream as a law, instead of as a bill, and misrepresents the proposed conditions for permanent contained in the bill. residency According to petitioner, there are additional conditions edntained in the bill under consideration which are not even rnentioned by respondent in his advertisernent. The second advertisement (petitioner's exhibit under the name B-2), of "Inmigracion Hoy News Today", states that the "American law" government passed at last a the offering opportunity for permanent residene to those who have a high institute or university school, degree from an educational institution in this country, have demonstrated irreproachable conduct and arrived in the United States before the age of sixteen. The advertisement states that "Inmigracion Hoy News way to protect undocumpnted immigrants from possible deportation. Petitioner argued that these representations are in violation of GBL § 350 for the same reasons as the first advertisement. A third advertisement (petitioner's exhibit B-3) invites listeners to hear the "advice, solution" responses, opinions and e frank regarding irarnigration law on a radio prograrn hosted by "attorney Edwin Rivera", a "studious [sic] of these laws". Petitioner argued that respondent FILED: BRONX COUNTY CLERK 02/23/2023 05:52 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2023 The fourth advertisement (petitioner's exhibit B-4), under the of "Inmigracion heading Hoy" Associates" and "Edwin Rivera and states that they are "specialists" in irnmigration cases as well as personal and criminal injury accidents, cases, commercial and business cases, family law and divorces. Petitioner argued that this advertisement constitutes false in advertising violation of GBL § 350 and conveys the impression that respondent is an attorney in violation of Judiciary Law § 478 The fifth advertisement (petitioner's exhibit is very B-5) similar to the first, with the added requirement of a negative history for arrests as another condition for permanent residency under the "passed" "Dream Act Law", in 2003. Petitioner argued that this advertisement violates GBL § 350 in claiming the bill in question had been enacted into law and misrepresenting the requirements of the bill. The sixth advertisement (petitioner's exhibit gives notice of a return to the B-6) airwaves Today" of "Inmigracion Hey News with Edwin Rivera". Petitioner "attorney argued that this violates Judiciary Law § 478 by representing respondent to be an attorney. works for the Consumer Frauds Bureau of the Attorney General's Office and was required to pass a qualifying test for the position. She stated further that she translated several complaints related to this proceeding and the advertisements rnentioned above. The affidavit of the student aide who works for the Attorney General's Office stated that she called the telephone nurnber on the Hoy" newspaper advertisements for "Inrnigracion and asked about the "Dream Act". She stated she was Act" told by a woman answering the phone that the cost for processing a "Drearn FILED: BRONX COUNTY CLERK 02/23/2023 05:52 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2023 Hoy" application by "Inmigracion would be $1,500, which could be made on a payment schedule, and that she could make an appointment to rneet with a lawyer by the name of Edwin Rivera to discuss any issue related to permanent status. She residency stated she was assured the application process Hoy" undertaken by "Inmigracion was guaranteed to be successful. The consumer complaints offered by petitioner were accompanied by receipts for thousands of dollars charged by respondent in exchange for preparing applications for permanent residency. Certain complainants stated they made appointments with respondent after hearing him on the radio, that he represented himself to be a lawyer, that he misrepresented the "Dream Act" as law and misrepresented the requirements for legal residency. One complainant he stated was told by respondent to ignore a letter from INS the residency application denying because that determination had been annulled by a U.S. Supreme Court decision. One of the complaints contained a copy of a card Hoy" with the names of "Inmigracion and "Radio 1660 Unica, AM", Office" advertising the "Law of "Edwin Rivera, Director". Another complainant stated that respondent told him there was an order of deportation out for him and that respondent could resolve his problem for a fee. The complainant was informed subsequently by INS that there was not an attorney. Another complainant stated respondent told him to marry in order to receive a work permit within four months and that he is still waiting for the perrnit. All the complainants stated that respondent was no longer available to them once they returned to his office to find out why their respective problems had not been resolved and that he has refused to refund their money. Petitioner argued that the above complaints demonstrate instances of deceptive acts and practices in violation of GBL § 349, false advertising in violation of GBL § 350 and FILED: BRONX COUNTY CLERK 02/23/2023 05:52 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2023 misrepresentation of respondent as an attomey in violation of Judiciary Law § 478. Petitioner offered copies of various "Notice of Motion Reopen" to filed with the INS on behalf of five persons who are not the same as the complainants mentioned above. The motions are signed at the bottom over a line the signature Esq." identifying as that of "Edwin Rivera, Petitioner argued that respondent represented himself to INS as an attorney through these motion papers. Respondent generally denied all the allegations against but admitted he is not him, that an attorney. He Act" "passed" admitted that the "Dream was a bill, not a law, and only only by the House. Respondent's Answer to Amended p. 26. Respondent argued that Petition, petitioner cannot bring this petition without that the Attorney General has expertise in demonstrating immigration law. He stated that while he was a radio show host immigration and other "offering legal services to New York's community, there were several attorneys Spanish-speaking working with him in his office". E, p. 19. He stated that he has been clients in his assisting accounting practice since 1967 and the attorneys in his office, combined, have years of experience. twenty E, p. 22. Respondent denied charging $1,500 for his services or guaranteeing success. Respondent argued that petitioner's translation of his advertisements into English was inaccurate and that translator dialects" the was not an expert in the "various of Spanish. Respondent's Answer to Amended Petition, p. 21. Respondent agreed that he represented hirnself as a "licenciado", but never as an attorney or "abogado". 1, p. 24. He did not offer his opinion as to the meaning of "licenciado". He did not offer expert opinion or dictionary reference as to a FILED: BRONX COUNTY CLERK 02/23/2023 05:52 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 02/23/2023