Preview
FILED: NEW YORK COUNTY CLERK 10/09/2023 11:10 PM INDEX NO. 800003/2022
NYSCEF DOC. NO. 220 RECEIVED NYSCEF: 10/09/2023
United States Court of Appeals
For the Second Circuit
Honorable Chief Judge Debra Ann Livingston
Thurgood Marshall U.S. Courthouse
40 Foley Square
New York, NY 10007
September 27, 2023
Regarding complaint about court staff
Dear Honorable Chief Judge Debra Ann Livingston,
I am or was the Plaintiff-Appellant in a Federal Question case from SDNY-NYC 21-cv-8397
Honorable Ronnie Abrams, that was transferred to the Appellate Court Circuit Judges, Susan L.
Carney, Richard J, Sullivan, and Eunice C. Lee, 22-1051. I have two motions pending, one for
Motion to Stay Mandate Order and the second for Motion to Recall Mandate Order.
I am accusing court staff in the pro se office of steering and engaging in exparte communications
with certain defendants and their attorney or a ghost attorney for this case.
A male court staff employee in that department with full knowledge of what he was doing,
electronically changed the spelling and changed the verbatim words of several of the defendants,
then transferred the incorrect information to the Appellate court so that it reads incorrectly on the
docket, and electronically on the CM/ECF.
The case in Federal Court is a Federal Question of Anti-trust but I there is probable cause to believe
court staff inappropriately communicated with an attorney Shantonu Basu, of Manhattan Legal
Services Inc., that represented me in a NYC Housing Case, that arises out of certain family
members tracking me and responsible for premeditated injuries to my head and breast (3 bleeding
lacerations) after projecting drug related falsehoods about me to their friends and associates and
in the little Italy section of the Bronx. They were never arrested because of their connections with
narcotics detectives. The motive, being greedy for taking over inheritance of relatives that have
FILED: NEW YORK COUNTY CLERK 10/09/2023 11:10 PM INDEX NO. 800003/2022
NYSCEF DOC. NO. 220 RECEIVED NYSCEF: 10/09/2023
passed since 2002, further making reckess falsehoods that I am mentally ill and cannot work, by
tracking me where I work, slandering me and thwarting my career and income so severely, that it
resulted in housing case LT 073773; the landlord did not want to renew the lease. The case was
discontinued even though Judge Fang signed the disposition having the incorrect index number on
it, so to me its not exactly seamlessly discontinued. I have moved elsewhere since then, but it is
the Orders in the content of that case that continue to be used by family members to deem
themselves as authoritative, credible, and legal what they are doing to me. I do not have a
relationship with them by choise.
It took a while for me to process this information, as I did not know this when I initiated a case in
the southern district, so it makes me think that Judge Abrams was assigned to the case so that
family members can frame me projecting false claims of drug and other issues with me, when it is
actually my brother and covering up for his exwife Anna Pilato xxxxxx, Matthew D. Levy and
medical doctors prescriptions that got my brother in trouble with drugs. My parents are not capable
of making sound rational informed decisions and have been covering up the heinous felony assault
crimes done to me by Anna xxxxxx and the family my younger brother Paul xxxxxx married into.
For years and I have been relentlessly tormented by reckless biased attorney representation so to
me, is beyond the jurisdiction of my complaints about Shantonu Basu and Manhattan Legal
Services Inc., to the Attorney Grievance Committee Supreme Court, Appellate Division First
Judicial Department at 180 Maiden Lane, 17th Floor New York, NY 10038 and their staff attorney
and investigator, Jorge Dopico and Robert F. Murphy.
My work is in brand experiential campaign production and since I am a member of SAG-AFTRA,
my work is also on set for tv, film, and commercials, so it is very easy to track me on site. I have
not been able to work in real estate at all, although I have my license, so no one is faking looking
for an apartment or slandering me to a real estate brokerage right now. I am a graduate of
Northeastern University. I started my career and income as a paid intern at Seventeen Magazine.
Please see the three (3) documents and the one (1) mandate order so that you can compare them
and see for yourself, the incorrect caption information. I also would not be able to appeal to the
FILED: NEW YORK COUNTY CLERK 10/09/2023 11:10 PM INDEX NO. 800003/2022
NYSCEF DOC. NO. 220 RECEIVED NYSCEF: 10/09/2023
United States Courts in Washington because of this and hopeful by fact and law the Judges will
accept my motions, but also hopeful the Judges will accept my motions in the interest of justice.
This case has been extremely expensive for me and depleted funds and investments while having
little to no income, and without being able to navigate through this case to make the proper motions
to the best of my ability because of court staff thwarting my efforts for relief.
Even to make the two motions was even more expensive because my ability to file on the CM/ECF
was cut off without the Clerk notifying me, that cause a flurry of miscommunications with Ms.
Kodeshia, the case manager, so I had to make copies to all the defendants plus the postage and on
September 15, 2023 T 2:54 pm court staff from email ecfhelpdesk@ ca2.uscourts.gov
inappropriately advised me to file back in USDC to to prosecases@ca2.uscourts.gov .
Sincerely,
/s/ xxxxxxxxx xxxxxxxxxxxxxxxx xxxxxx
1332 Riverside Dr.
Apt 53
New York, NY 10033
917-796-6924
FILED: NEW YORK COUNTY CLERK 10/09/2023 11:10 PM INDEX NO. 800003/2022
NYSCEF DOC. NO. 220 Case 22-1051, Document 200, 08/17/2023, 3557736,
RECEIVED
Page1 of 1 NYSCEF: 10/09/2023
UNITED STATES COURT OF APPEALS
FOR THE
SECOND CIRCUIT
At a stated term of the United States Court of Appeals for the Second Circuit, held at the
Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the
1782
day of August, two thousand twenty-three.
xxxxxxxxx M. xxxxxx
Plaintiff -
Appellant,
v.
ORDER
Docket No: 22-1051
Real Estate Board of New York, 237 W. 105th Street
LLC, c/o Fred L. Seeman Esq., Real Broker LLC, Alex
xxxxxx, Beverly xxxxxx, Paul xxxxxx, Charlie Sahadi,
c/o Sahadi's, Jonathan Gardner, Labaton Sucharow LLP,
Shirley Cabrera, Madnami Facial Plastics, Sergei Ka1sow,
MD PC, Federal Bureau of Investigation, Nina Carlow,
Esq., c/o Bronx County District Attorney, Aaron Levy,
Mathew Levy, Anna xxxxxx, c/o Octoly, Bany E. Janay,
c/o Rick Steiner Fell & Benowitz LLP and c/o The Law
Office of Barry E. Janay P.C.,
Defendants - Appellees.
Appellant, xxxxxxxxx M. xxxxxx, filed a motion for panel reconsideration, or, in the
alternative, for reconsideration en banc. The panel that determined the appeal has considered the
request for reconsideration, and the active members of the Court have considered the request for
reconsideration en banc.
IT IS HEREBY ORDERED that the motion is denied.
FOR THE COURT:
Catherine O‰agan Wolfe, Clerk
SECOND
C
FILED: NEW YORK COUNTY CLERK 10/09/2023 11:10 PM INDEX NO. 800003/2022
Case 1:21-cv-08397-RA Document 19 Filed 11/05/21 Page 1 of 2NYSCEF:
NYSCEF DOC. NO. 220 RECEIVED 10/09/2023
AO 440 (Rev. 06/I2) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
5 P Ü2: 50
)
)
Plaintiff(s)
v. Civil Action No.
)
)
21 CV 8397
fY) AÊb(W bR V L )
Defendan s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant's name and address) O \
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it)
- or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,
whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date: /
5 gnature of Clerk Deputy Clerk
FILED: NEW YORK COUNTY CLERK 10/09/2023 11:10 PM INDEX NO. 800003/2022
Case 1:21-cv-08397-RA Document 19 Filed 11/05/21
NYSCEF DOC. NO. 220 Page
RECEIVED2 NYSCEF: 10/09/2023
2 of
AO 440 (Rev. 0{,112) Sommons in a Civd Acuon (Page 2)
Civil Action No
PROOF OF SERV!CE
section sltould not he filet| wit!z tire cattr! itriless ret;itired by Fe R. Cim P. 4 (1))
(Titis
This summons fcw (name of individual and title. tj any)
CAM&
was received by me on (date)
I personally served the summons on the individual at lace)
at trie individuaPs residence or usual place of abode with (name)
O I left the summons
a person of suitable age and discretion who resides there,
mailed a copy to the individuars last known address; or
on (date) , and
O I served the summons on (name of individual) , who is
designated law to accept service,of process on behalf of (name of organization) ________
by _________
on (date) ; or
Preturned the summons unexecuted because ; er
O Other (specify)
for travel and $ for services, for a total of$ 0.00
My fees are $
Ideclare under of perjury that this information is true.
penalty
Date: ________ ________ ___
c Server's signature
rinted name and title
KRISTINA SCHULTZ
Notary Public, State of New York
No. 018C6323820
issi n Exp es n 27 01b Server s address
Add nal inforfnat n regarding attempted service, etc:
FILED: NEW YORK COUNTY CLERK 10/09/2023 11:10 PM INDEX NO. 800003/2022
Case 1:21-cv-08397-RA Document 11 Filed
NYSCEF DOC. NO. 220 11/05/21 Page 1 of 2NYSCEF:
RECEIVED 10/09/2023
AO 440 (Rev. 06/ l2) Summons in a Civil Action
UNITEDSTATESDISTRIdEDUkr
)
)
Plaintiff(s)
v. Civil Action No.
)
)
CV
owA Defendant(s)
n- )
21 8397
SUMMONS IN A CIVIL ACTION
To: (Defendant 's name and address) o A MÛuQ
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it)
- or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,
whose name and address are:
Ifyou fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk o eputy Clerk
FILED: NEW YORK COUNTY CLERK 10/09/2023 11:10 PM INDEX NO. 800003/2022
1:21-cv-08397-RA Document 11 Filed Page
NYSCEF DOC. NO. 220 Case 11/05/21
RECEIVED2 NYSCEF: 10/09/2023
2 of
AO 440 (Rev. 06/D) Summons in a Civd AcDon (.Page0
Civil Action No.
PROOF OF SERVICE
(This section should not he filett with tire court unless retmired by Fer!. R. Ci ? 4 (1))
This summons hw (name of indiv inal and title. if any)
was received by me on (date) }()
__ - ___-__...
O I personally served the summons on the individual at (place)
on (date) ; or
the summons at t e nc dua s idence or usual place of abode with (name)
I left
erson of suitable age and discretion who resides th e
.
and malled a copy to the individual's last known address; or
on (date)
, who is
O I served the summons on (name ofindividuat)
designated by law to accept service of process on behalf of (name oforganization)
on (date) ; or
unexecuted because e
freturned the summons
O Other (specify)
for travel and $ for services, for a total of$ 0.00
My fee.s are $
f declare under of perjury that this information is true
penalty
Date:
Printed name and title
7tz.
ore
AUREN A. VASIL
Sta of New York
NOTARY 5L
Qualified in Nassa County Ser·er s address
21 2
Comrrission Exp es May
Additional information attempted service, etc:
regarding
FILED: NEW YORK COUNTY CLERK 10/09/2023 11:10 PM INDEX NO. 800003/2022
Case 1:21-cv-08397-RA Document 13 Filed
NYSCEF DOC. NO. 220 11/05/21 Page 1 of 2NYSCEF:
RECEIVED 10/09/2023
AO 440 (Rev. 06/I2) Summons in a Civil Action
UNIPED STATES DISTRICT COURE
for the
5 PM12 50
)
)
Plaintiff(s)
v. Civil Action No.
)
)
21 CV 8897
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant's name and address) r C t A5ti c5
y c
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it)
- or 60 days if you
are the United States or a United States agency, or an ofñcer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,
whose name and address are:
If'you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date: / 25 20
Signature of Clerk or eputy Clerk
FILED: NEW YORK COUNTY CLERK 10/09/2023 11:10 PM INDEX NO. 800003/2022
Case 1:21-cv-08397-RA Document 13 Filed 11/05/21 Page
NYSCEF DOC. NO. 220 RECEIVED2 NYSCEF: 10/09/2023
2 of
AO 44f) (Rev 06/12) Summons in a Civd AcDon (Page 0
Civil Action No.
PROOF OF SEi1VICV
(This section s/tould not he filed with t|te court unless required by Fed. R. Civ. 1 4 (1))
This summons for (name of individual and title. (I a
was received by me on (date)
O I persona