Preview
FILED: BRONX COUNTY CLERK 12/07/2023 11:06 AM INDEX NO. 1576/2004E
NYSCEF DOC. NO. 233 RECEIVED NYSCEF: 12/07/2023
SUPREME COURT
OF THE STATE OF NEW YORK
BRONX COUNTY
_________________________________
PEOPLE OF THE STATE OF NEW YORK,
By LETICIA JAMES,
Attorney General of the State of New York,
Petitioner
Index No: 1576/2004E
v.
EDWIN RIVERA, d/b/a NOTICE OF MOTION
INMIGRACION HOY, MOTION TO DISMISS
INMIGRACION HOY NEWS
TODAY, and
FORENSIC IMMIGRATION LAW,
Respondent
_____________________________________
MEMORANDUM OF LAW
MOTION TO DISMISS.
PLEASE TAKE NOTICE that upon the Notice of Motion dated November 16, 2023,
and the affirmation of Edwin RIVERA, with accompanying exhibits annexed hereto,
Respondent will move at the Submissions Part, Room 217, of this Court at 851 Grand
Concourse, Bronx, New York, on the 15th day of February 15, 2024, at 9:30 o'clock in the
forenoon, or as soon thereafter as counsel can be heard, for an order and judgment made
dismissing this case pursuant to Violations of Constitutional Rights and CPLR § 3211.
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STATEMENT OF THE CASE
Respondent Edwin Rivera has been a self-employed accountant since 1967. Since its
establishment in 1980, THE HOMEWARD BOUND PROGRAM, FOR CHILDREN, INC.
has helped people with special needs. We continued helping those who needed more from
our systems after retirement. Our institutions need to prepare to do more for people in
need.
Roberto Lebron, Junior (Junior) first met the Respondent in 2000 after an
accounting audit of the Puerto Rican Bar Association (PRBA). Lebron, Senior, was the
President of PRBA, and Junior was not with the New York State Attorney General's
Office.
Attorney Nicholas Velez was the Treasurer of PRBA. After the fraud committed by
Senior was discovered, Velez resigned. He called Junior to pick up the books and records of
PRBA that same day (in June 2000), as well as the report of the scam. Junior was
distraught and belligerent with the Respondent.
Years inter, on June 28, 2004, Junior filed a Request for Judicial Intervention
against Edwin Rivera-notice of petition (return date: 7/24/04). The relief sought was as
follows: Injunctive relief, penalties, court costs, and restitution. The other matters listed in
the petition were as follows: Executive Law Section 63(12). The Plaintiff's attorney was
Roberto Lebron, AAG, and the Defendant's attorney was John Montes, Esq. The
document was signed by Roberto Lebron.
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Subsequently, there were Court Orders dated May 6, 2005; July 5, 2005;
October 19, 2005; July 29, 2008; July 20, 2009; October 27, 2011; and
September 23, 2016.
CAUSE OF ACTION, ILLEGAL ARRESTS
February 16, 2017. Lawful basis for granting the relief requested in the
Valley of Hinnom. Illegal arrest. The Petitioner, [to_avengel after the Respondent
discovered the scam committed by his father, Roberto Lebron, made false allegations and
filed a complaint with the Court. they did not need a Court Order; they sent the Police
from Rikers to arrest this Respondent. See Exhibit-P
February 9, 2007. Lawful basis for granting the relief requested in the
Valley of Hinnom. Illegal arrest. The Petitioner, Ito avengel after the Respondent
discovered the scam committed by his father, Roberto Lebron, made false allegations and
filed a complaint with the Court. At this time, the Respondent was in the Dominican
Republic. A warrant for arrest was issued each time in both New York and the Dominican
Republic. Each warrant is for incarceration for (30) days in the worst conditions. See
Exhibit-I.
On February 9, 2007, I was at the Scotia Bank in the Dominican Republic to close
my checking account. As I exited the bank, about ten police officers came to arrest me with
a copy of the complaint filed in the Bronx. I was taken to my hotel in handcuffs so I could
find my passport and give it to them. I was paraded through the lobby in handcuffs; they
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told the front desk that I was a criminal from New York and that they were there to arrest
me for practicing law without a license. Meanwhile, I had a permit from the United States
Department of Labor (USDOL) to interview farmworkers who were getting ready to work
in Puerto Rico.
The Police called the American Embassy, and someone came to assist in the arrest. I
notified the Embassy about the false arrest and also called USDOL and the FBI. On
February 22, 2007, I was released to return to the USA with the assistance of the FBI
and USDOL.
During this time, specifically on February 10, 2007, I was to celebrate my
birthday along with my then-girlfriend, Blanca, in Puerto Rico. Since I never showed up
and because she was not informed that I was in jail, she left me under the assumption that I
had decided to celebrate my birthday in the Dominican Republic instead.
The Court, apparently, had approved of my arrest in the Dominican Republic; it
knew the arbitrary nature of the incident but never did anything about it. The Petitioner
says and does anything and is quickly approved by this Court. If it had not been for the
FBI and USDOL, I would still be in jail.
June 2004 - Lawful basis for the relief requested in the
28, granting
Valley of Hinnom. Engaged in conduct involving dishonesty, fraud, deceit, or
misrepresentation. The Petitioner, Ito avengel after the Respondent discovered the scam
committed by his father, Roberto Lebron, made false allegations and filed a complaint with
the Court. See Exhibit-E, NYS PETITION.
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2005 - Lawful
May 17, basis for granting the relief requested in the
Valley of Hinnom. The Petitioner, Lto avenal after the Respondent discovered the scam
committed by his father, Roberto Lebron, Senior, fed the media pictures taken by the
Marshall. This was done before the court order of May 2005 was even filed. See Exhibit-G,
NEWSPAPERS.
October 2006 - Lawful basis for the relief requested in
10, granting
the Valley of Hinnom. Engaged in conduct involving dishonesty, fraud, deceit, or
misrepresentation. The Petitioner, Lto avengel after the Respondent discovered the scam
committed by his father, Roberto Lebron, Senior, fed Puerto Rican newspapers
information about my medical record to discredit me and the program aimed at helping
the farmers. See Exhibit-H, PUERTO RICO.
2007 - Lawful basis for the relief requested in
February 9, granting
the Valley of Hinnom. Engaged in conduct involving dishonesty, fraud, deceit, or
misrepresentation. The Petitioner, [to-avengel after the Respondent discovered the scam
committed by his father, Roberto Lebron, Senior, fed the Dominican Republican Police
information to have me arrested and to discredit me and the program aimed at helping the
farmers. See Exhibit-I, ARREST IN DOMINICAN REPUBLIC.
October 2016- Lawful basis for the relief requested in
3, granting
the Valley of Hinnom. Engaged in conduct involving dishonesty, fraud, deceit, or
misrepresentation. The Petitioner, Ito avengel after the Respondent discovered the scam
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committed by his father, Roberto Lebron, Senior, fed the media pictures taken by
Marshall. See Exhibit-J, TELEVISION.
The Respondent and his lawyer (Montes) never had an opportunity to defend the
allegations before the Court. The Petitioner knew how to reach Montes. Junior had
prepared the RJI. After viewing the motions filed by this Respondent "in the most
light,"
favorable there are numerous reasons for granting dismissal of this case. The
Federal Court stated that the Bronx Court must dismiss this case as they would not handle
matters before the Bronx Civil Court.
CAUSE OF ACTION, FAILURE TO ESTABLISH PERSONAL JURISDICTION
Montes was never notified.
Lawful basis for granting the relief requested in the Valley of Hinnom.
Engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. The Court's
prior order was without prejudice to renewal. Why the Petitioner never served Montes is the
biggest mystery in this case. Was there a conflict of interest or some other explanation? Is it
perhaps because of the Ineffectiveness of Counsel in a civil-criminal case? We don't know.
This case had more than ten (10) hearings, and Montes was never notified to attend.
The court ruled on a summary judgment in response to a Complaint:
Service of Process Needs to be Proper on Party's Attorney
Absent Express Authorization from Party.
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on September 15, 2023, Justice Joel M. Cohen of the New York County
Commercial Division issued a decision in Credit Europe Bank (Dubai) Ltd. v Shetty, Index No.
651931/2023, 2023 N.Y. Slip Op 33204(U) denying the Plaintiff's motion for a summary
judgment in light of complaint based on improper service of process. The rationale behind the
judgment was that, despite an affidavit from an attorney representing the defendant in another
action that he was authorized to accept service on behalf of that defendant in this action, the
Plaintiff had failed to show proper service of process because that attorney was not the
attorney on record in the underlying action, and because there was no evidence that the
defendant had authorized that attorney to accept process on its behalf. The Court explained:
"Service on an attorney is proper only where the attorney has appeared in the action in
which service is claimed to have been admitted (CPLR 2103[b]). Absent a formal appearance
by counsel of record, serving process on a party's attorney is not sufficient to establish
authorization"
personal jurisdiction absent proof of the attorney's (Credit Europe Bank
*
(Dubai) Ltd at 1 citing Redbridge Bedford, LLC v 159 N 3rd St. Realty Holding Corp., 175
AD3d 1569, 1571 [2d Dept 2019]). As previously determined by the Court, summary judgment
in lieu of complaint should be denied where apparent counsel for the defendant admits service
but fails to provide any proof of their authorization to accept it (Id. citing Lord Sec. Corp. v
Moorer, 2021 N.Y. Slip Op. 33706[U), 1 [N.Y. Sup Ct, New York County 2021] [other citations
omitted]). The Court's prior order was "without prejudice to renewal and properly serving
Shetty" omitted])."
(Id. at *2 [ citations
"In an effort to demonstrate proper service of its second motion for summary judgment
in lieu of a complaint in this action, CEBD submits an affirmation of service of its counsel
(NYSCEF 34) annexed to which is an affirmation of Benjamin Bianco, Esq. (NYSCEF35),
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whose firm represents Shetty in another action. Mr. Bianco states that he is authorized to
accept service in this action but does not attach authorization from - the person to
any Shetty
- or other evidence While the Court does not have reason to
be served of his authority.
question the truthfulness of Mr. Bianco's statement, it remains insu f(icient to establish
Shetty."
personal jurisdiction over
The courts have inherent power to grant relief through judgments and decisions,
irrespective of the time limitations imposed by CPLR 5015 and Article 84. City of Utica v.
Gold Medal Corp.. 55 Misc. 2d 182 (N.Y. Sup. Ct. 1967). CPLR 213 provides that a six-year
statute of limitations applies to "an action for which no limit is specifically prescribed by
law."
Ostad v. Nehmadi, 2019 N.Y. Slip Op. 32250 (N.Y. Sup. Ct. 2019).
There is no evidence that the Respondent represented that he is an attorney.
The Respondent's position was Legal Assistant, New York City Department of
Correction number 23892.
Assistant Pass
Lawful basis for granting the relief requested in the Valley of Hinnom. The
Petitioner engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation,
The Petitioner knows that this Respondent is a registered Legal Assistant. The
Petitioner knows that this Respondent is an accountant. Unlike attorneys and banks,
Respondent knows that you debit your bank account. They make a deposit and credit the
bank account.
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Attorney assistants, e.g., paralegals, investigators, law students, social workers, or
other individuals employed by or working under the supervision of an attorney
representing an inmate, can apply for photo identification passes valid for one year, four
months, or one day. The four-month pass is issued to student interns who are assisting an
attorney or legal services organization. In contrast, a one-year pass is issued to permanent
employees or other individuals expected to be working under the supervision of an attorney
for that time or longer.
Applicants are required to submit a completed application form and at least one
government-issued photo identification. In addition, the applicant must submit a letter
from an attorney-employer the applicant's and reason for the one-
detailing title, duties,
year, four-month, or one-day pass. For a one-year or four-month pass, the letter must also
ensure that the attorney-employer will notify the Department during the validity of the
pass if the applicant's employment or internship with the attorney-employer ends and
return the one-year or four-month pass to the Legal Pass Office.
The Department does not accept applications for an attorney assistant pass unless
the applicant is working under the supervision of an attorney actively engaged in
representing one or more inmates in the Department's custody. Attorney assistants receive
their pass after review by the Department's Investigation Division. Upon approval,
applicants are notified to pick up the pass.
For applicants must submit a new at least one government-
renewals, application,
issued photo identification, the old pass, and a recent letter from the attorney-employer.
THE RESPONDENT WORKED UNDER THE SUPERVISION OF ATTORNEYS
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Lawful basis for granting the relief requested in the Valley of Hinnom.
Engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. The
attorneys under whom the Respondent worked handled the client files and appeared before
the courts. This Respondent prepared the interview OMB forms and documents under the
supervision of the attorneys. During the radio show, Heriberto Cabrera, Attorney at Law,
appeared with the Respondent.
Meanwhile, on June 28, 2004, back in our office, the lawyers were stunned.
Heriberto Cabrera, John J. Montes, Bozena Ziedalski, Neil Grimaldi, Ian Hinonangan, and
Patricia Pena tried to help this Respondent.
Still, the efforts were ignored by what is known to be a conspiracy to avenge the
report of the scam perpetrated by Senior. At the same time, the office was working very
hard with immigration applicants.
The radio show, because of this case, was postponed until further notice. See
Exhibits and translations of the radio show-
Exhibit-A. Programa de Radio, January 13, 2002;
Exhibit-B. Programa de Radio, January 27, 2002;
Exhibit-C. Programa de Radio, August 25, 2002.
See translation to English, Exhibit-L. SPANISH GROUP, TRANSLATION.
The Respondent never posed as an attorney of law handling cases of personal
injury, criminal and family law, and immigration law. The attorneys working in our office
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worked on those cases. If what the Petitioner is asserting is true, then the recordings would
show that the Respondent was referred as an attorney.
People calling the Respondent while the radio show was going on would have said
"attorney."
The attorney during the radio show was Heriberto Cabrera, Attorney at Law.
In fact, he is a retired Assistant District Attorney.
A retired Judge of the Bronx Supreme Court, Salvador Collazo, referred to the
accountant"
Respondent as "Edwin the and nothing else. He worked in the Respondent's
office with his clients.
Neil Grimaldi, Attorney at Law, who ran for Bronx District Attorney, had
Respondent get the identification card from the New York City Department of Corrections
as Legal Assistant. He filed the paperwork with New York City Corrections.
John J. Montes, Attorney at Law, had the Respondent assist him and all other
attorneys in the office in the preparation of documents and motions filed with USCIS. We
are asking the Court to dismiss this case.
(1) A judge shall be faithful to the law and maintain professional competence in it.
Partisan interests, public clamor, or fear of criticism shall not sway a judge.
(2) A judge shall require order and decorum in proceedings before the judge.
(3) A judge who receives information indicating a substantial likelihood that
another judge has committed a substantial violation of this Part shall take
appropriate action.
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(4) A judge who receives information indicating a substantial likelihood that a
Preview
FILED: BRONX COUNTY CLERK 12/07/2023 11:06 AM INDEX NO. 1576/2004E NYSCEF DOC. NO. 233 RECEIVED NYSCEF: 12/07/2023 SUPREME COURT OF THE STATE OF NEW YORK BRONX COUNTY _________________________________ PEOPLE OF THE STATE OF NEW YORK, By LETICIA JAMES, Attorney General of the State of New York, Petitioner Index No: 1576/2004E v. EDWIN RIVERA, d/b/a NOTICE OF MOTION INMIGRACION HOY, MOTION TO DISMISS INMIGRACION HOY NEWS TODAY, and FORENSIC IMMIGRATION LAW, Respondent _____________________________________ MEMORANDUM OF LAW MOTION TO DISMISS. PLEASE TAKE NOTICE that upon the Notice of Motion dated November 16, 2023, and the affirmation of Edwin RIVERA, with accompanying exhibits annexed hereto, Respondent will move at the Submissions Part, Room 217, of this Court at 851 Grand Concourse, Bronx, New York, on the 15th day of February 15, 2024, at 9:30 o'clock in the forenoon, or as soon thereafter as counsel can be heard, for an order and judgment made dismissing this case pursuant to Violations of Constitutional Rights and CPLR § 3211. 1 1 of 20 FILED: BRONX COUNTY CLERK 12/07/2023 11:06 AM INDEX NO. 1576/2004E NYSCEF DOC. NO. 233 RECEIVED NYSCEF: 12/07/2023 STATEMENT OF THE CASE Respondent Edwin Rivera has been a self-employed accountant since 1967. Since its establishment in 1980, THE HOMEWARD BOUND PROGRAM, FOR CHILDREN, INC. has helped people with special needs. We continued helping those who needed more from our systems after retirement. Our institutions need to prepare to do more for people in need. Roberto Lebron, Junior (Junior) first met the Respondent in 2000 after an accounting audit of the Puerto Rican Bar Association (PRBA). Lebron, Senior, was the President of PRBA, and Junior was not with the New York State Attorney General's Office. Attorney Nicholas Velez was the Treasurer of PRBA. After the fraud committed by Senior was discovered, Velez resigned. He called Junior to pick up the books and records of PRBA that same day (in June 2000), as well as the report of the scam. Junior was distraught and belligerent with the Respondent. Years inter, on June 28, 2004, Junior filed a Request for Judicial Intervention against Edwin Rivera-notice of petition (return date: 7/24/04). The relief sought was as follows: Injunctive relief, penalties, court costs, and restitution. The other matters listed in the petition were as follows: Executive Law Section 63(12). The Plaintiff's attorney was Roberto Lebron, AAG, and the Defendant's attorney was John Montes, Esq. The document was signed by Roberto Lebron. 2 2 of 20 FILED: BRONX COUNTY CLERK 12/07/2023 11:06 AM INDEX NO. 1576/2004E NYSCEF DOC. NO. 233 RECEIVED NYSCEF: 12/07/2023 Subsequently, there were Court Orders dated May 6, 2005; July 5, 2005; October 19, 2005; July 29, 2008; July 20, 2009; October 27, 2011; and September 23, 2016. CAUSE OF ACTION, ILLEGAL ARRESTS February 16, 2017. Lawful basis for granting the relief requested in the Valley of Hinnom. Illegal arrest. The Petitioner, [to_avengel after the Respondent discovered the scam committed by his father, Roberto Lebron, made false allegations and filed a complaint with the Court. they did not need a Court Order; they sent the Police from Rikers to arrest this Respondent. See Exhibit-P February 9, 2007. Lawful basis for granting the relief requested in the Valley of Hinnom. Illegal arrest. The Petitioner, Ito avengel after the Respondent discovered the scam committed by his father, Roberto Lebron, made false allegations and filed a complaint with the Court. At this time, the Respondent was in the Dominican Republic. A warrant for arrest was issued each time in both New York and the Dominican Republic. Each warrant is for incarceration for (30) days in the worst conditions. See Exhibit-I. On February 9, 2007, I was at the Scotia Bank in the Dominican Republic to close my checking account. As I exited the bank, about ten police officers came to arrest me with a copy of the complaint filed in the Bronx. I was taken to my hotel in handcuffs so I could find my passport and give it to them. I was paraded through the lobby in handcuffs; they 3 3 of 20 FILED: BRONX COUNTY CLERK 12/07/2023 11:06 AM INDEX NO. 1576/2004E NYSCEF DOC. NO. 233 RECEIVED NYSCEF: 12/07/2023 told the front desk that I was a criminal from New York and that they were there to arrest me for practicing law without a license. Meanwhile, I had a permit from the United States Department of Labor (USDOL) to interview farmworkers who were getting ready to work in Puerto Rico. The Police called the American Embassy, and someone came to assist in the arrest. I notified the Embassy about the false arrest and also called USDOL and the FBI. On February 22, 2007, I was released to return to the USA with the assistance of the FBI and USDOL. During this time, specifically on February 10, 2007, I was to celebrate my birthday along with my then-girlfriend, Blanca, in Puerto Rico. Since I never showed up and because she was not informed that I was in jail, she left me under the assumption that I had decided to celebrate my birthday in the Dominican Republic instead. The Court, apparently, had approved of my arrest in the Dominican Republic; it knew the arbitrary nature of the incident but never did anything about it. The Petitioner says and does anything and is quickly approved by this Court. If it had not been for the FBI and USDOL, I would still be in jail. June 2004 - Lawful basis for the relief requested in the 28, granting Valley of Hinnom. Engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. The Petitioner, Ito avengel after the Respondent discovered the scam committed by his father, Roberto Lebron, made false allegations and filed a complaint with the Court. See Exhibit-E, NYS PETITION. 4 4 of 20 FILED: BRONX COUNTY CLERK 12/07/2023 11:06 AM INDEX NO. 1576/2004E NYSCEF DOC. NO. 233 RECEIVED NYSCEF: 12/07/2023 2005 - Lawful May 17, basis for granting the relief requested in the Valley of Hinnom. The Petitioner, Lto avenal after the Respondent discovered the scam committed by his father, Roberto Lebron, Senior, fed the media pictures taken by the Marshall. This was done before the court order of May 2005 was even filed. See Exhibit-G, NEWSPAPERS. October 2006 - Lawful basis for the relief requested in 10, granting the Valley of Hinnom. Engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. The Petitioner, Lto avengel after the Respondent discovered the scam committed by his father, Roberto Lebron, Senior, fed Puerto Rican newspapers information about my medical record to discredit me and the program aimed at helping the farmers. See Exhibit-H, PUERTO RICO. 2007 - Lawful basis for the relief requested in February 9, granting the Valley of Hinnom. Engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. The Petitioner, [to-avengel after the Respondent discovered the scam committed by his father, Roberto Lebron, Senior, fed the Dominican Republican Police information to have me arrested and to discredit me and the program aimed at helping the farmers. See Exhibit-I, ARREST IN DOMINICAN REPUBLIC. October 2016- Lawful basis for the relief requested in 3, granting the Valley of Hinnom. Engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. The Petitioner, Ito avengel after the Respondent discovered the scam 5 5 of 20 FILED: BRONX COUNTY CLERK 12/07/2023 11:06 AM INDEX NO. 1576/2004E NYSCEF DOC. NO. 233 RECEIVED NYSCEF: 12/07/2023 committed by his father, Roberto Lebron, Senior, fed the media pictures taken by Marshall. See Exhibit-J, TELEVISION. The Respondent and his lawyer (Montes) never had an opportunity to defend the allegations before the Court. The Petitioner knew how to reach Montes. Junior had prepared the RJI. After viewing the motions filed by this Respondent "in the most light," favorable there are numerous reasons for granting dismissal of this case. The Federal Court stated that the Bronx Court must dismiss this case as they would not handle matters before the Bronx Civil Court. CAUSE OF ACTION, FAILURE TO ESTABLISH PERSONAL JURISDICTION Montes was never notified. Lawful basis for granting the relief requested in the Valley of Hinnom. Engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. The Court's prior order was without prejudice to renewal. Why the Petitioner never served Montes is the biggest mystery in this case. Was there a conflict of interest or some other explanation? Is it perhaps because of the Ineffectiveness of Counsel in a civil-criminal case? We don't know. This case had more than ten (10) hearings, and Montes was never notified to attend. The court ruled on a summary judgment in response to a Complaint: Service of Process Needs to be Proper on Party's Attorney Absent Express Authorization from Party. 6 6 of 20 FILED: BRONX COUNTY CLERK 12/07/2023 11:06 AM INDEX NO. 1576/2004E NYSCEF DOC. NO. 233 RECEIVED NYSCEF: 12/07/2023 on September 15, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Credit Europe Bank (Dubai) Ltd. v Shetty, Index No. 651931/2023, 2023 N.Y. Slip Op 33204(U) denying the Plaintiff's motion for a summary judgment in light of complaint based on improper service of process. The rationale behind the judgment was that, despite an affidavit from an attorney representing the defendant in another action that he was authorized to accept service on behalf of that defendant in this action, the Plaintiff had failed to show proper service of process because that attorney was not the attorney on record in the underlying action, and because there was no evidence that the defendant had authorized that attorney to accept process on its behalf. The Court explained: "Service on an attorney is proper only where the attorney has appeared in the action in which service is claimed to have been admitted (CPLR 2103[b]). Absent a formal appearance by counsel of record, serving process on a party's attorney is not sufficient to establish authorization" personal jurisdiction absent proof of the attorney's (Credit Europe Bank * (Dubai) Ltd at 1 citing Redbridge Bedford, LLC v 159 N 3rd St. Realty Holding Corp., 175 AD3d 1569, 1571 [2d Dept 2019]). As previously determined by the Court, summary judgment in lieu of complaint should be denied where apparent counsel for the defendant admits service but fails to provide any proof of their authorization to accept it (Id. citing Lord Sec. Corp. v Moorer, 2021 N.Y. Slip Op. 33706[U), 1 [N.Y. Sup Ct, New York County 2021] [other citations omitted]). The Court's prior order was "without prejudice to renewal and properly serving Shetty" omitted])." (Id. at *2 [ citations "In an effort to demonstrate proper service of its second motion for summary judgment in lieu of a complaint in this action, CEBD submits an affirmation of service of its counsel (NYSCEF 34) annexed to which is an affirmation of Benjamin Bianco, Esq. (NYSCEF35), 7 7 of 20 FILED: BRONX COUNTY CLERK 12/07/2023 11:06 AM INDEX NO. 1576/2004E NYSCEF DOC. NO. 233 RECEIVED NYSCEF: 12/07/2023 whose firm represents Shetty in another action. Mr. Bianco states that he is authorized to accept service in this action but does not attach authorization from - the person to any Shetty - or other evidence While the Court does not have reason to be served of his authority. question the truthfulness of Mr. Bianco's statement, it remains insu f(icient to establish Shetty." personal jurisdiction over The courts have inherent power to grant relief through judgments and decisions, irrespective of the time limitations imposed by CPLR 5015 and Article 84. City of Utica v. Gold Medal Corp.. 55 Misc. 2d 182 (N.Y. Sup. Ct. 1967). CPLR 213 provides that a six-year statute of limitations applies to "an action for which no limit is specifically prescribed by law." Ostad v. Nehmadi, 2019 N.Y. Slip Op. 32250 (N.Y. Sup. Ct. 2019). There is no evidence that the Respondent represented that he is an attorney. The Respondent's position was Legal Assistant, New York City Department of Correction number 23892. Assistant Pass Lawful basis for granting the relief requested in the Valley of Hinnom. The Petitioner engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation, The Petitioner knows that this Respondent is a registered Legal Assistant. The Petitioner knows that this Respondent is an accountant. Unlike attorneys and banks, Respondent knows that you debit your bank account. They make a deposit and credit the bank account. 8 8 of 20 FILED: BRONX COUNTY CLERK 12/07/2023 11:06 AM INDEX NO. 1576/2004E NYSCEF DOC. NO. 233 RECEIVED NYSCEF: 12/07/2023 Attorney assistants, e.g., paralegals, investigators, law students, social workers, or other individuals employed by or working under the supervision of an attorney representing an inmate, can apply for photo identification passes valid for one year, four months, or one day. The four-month pass is issued to student interns who are assisting an attorney or legal services organization. In contrast, a one-year pass is issued to permanent employees or other individuals expected to be working under the supervision of an attorney for that time or longer. Applicants are required to submit a completed application form and at least one government-issued photo identification. In addition, the applicant must submit a letter from an attorney-employer the applicant's and reason for the one- detailing title, duties, year, four-month, or one-day pass. For a one-year or four-month pass, the letter must also ensure that the attorney-employer will notify the Department during the validity of the pass if the applicant's employment or internship with the attorney-employer ends and return the one-year or four-month pass to the Legal Pass Office. The Department does not accept applications for an attorney assistant pass unless the applicant is working under the supervision of an attorney actively engaged in representing one or more inmates in the Department's custody. Attorney assistants receive their pass after review by the Department's Investigation Division. Upon approval, applicants are notified to pick up the pass. For applicants must submit a new at least one government- renewals, application, issued photo identification, the old pass, and a recent letter from the attorney-employer. THE RESPONDENT WORKED UNDER THE SUPERVISION OF ATTORNEYS 9 9 of 20 FILED: BRONX COUNTY CLERK 12/07/2023 11:06 AM INDEX NO. 1576/2004E NYSCEF DOC. NO. 233 RECEIVED NYSCEF: 12/07/2023 Lawful basis for granting the relief requested in the Valley of Hinnom. Engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. The attorneys under whom the Respondent worked handled the client files and appeared before the courts. This Respondent prepared the interview OMB forms and documents under the supervision of the attorneys. During the radio show, Heriberto Cabrera, Attorney at Law, appeared with the Respondent. Meanwhile, on June 28, 2004, back in our office, the lawyers were stunned. Heriberto Cabrera, John J. Montes, Bozena Ziedalski, Neil Grimaldi, Ian Hinonangan, and Patricia Pena tried to help this Respondent. Still, the efforts were ignored by what is known to be a conspiracy to avenge the report of the scam perpetrated by Senior. At the same time, the office was working very hard with immigration applicants. The radio show, because of this case, was postponed until further notice. See Exhibits and translations of the radio show- Exhibit-A. Programa de Radio, January 13, 2002; Exhibit-B. Programa de Radio, January 27, 2002; Exhibit-C. Programa de Radio, August 25, 2002. See translation to English, Exhibit-L. SPANISH GROUP, TRANSLATION. The Respondent never posed as an attorney of law handling cases of personal injury, criminal and family law, and immigration law. The attorneys working in our office 10 10 of 20 FILED: BRONX COUNTY CLERK 12/07/2023 11:06 AM INDEX NO. 1576/2004E NYSCEF DOC. NO. 233 RECEIVED NYSCEF: 12/07/2023 worked on those cases. If what the Petitioner is asserting is true, then the recordings would show that the Respondent was referred as an attorney. People calling the Respondent while the radio show was going on would have said "attorney." The attorney during the radio show was Heriberto Cabrera, Attorney at Law. In fact, he is a retired Assistant District Attorney. A retired Judge of the Bronx Supreme Court, Salvador Collazo, referred to the accountant" Respondent as "Edwin the and nothing else. He worked in the Respondent's office with his clients. Neil Grimaldi, Attorney at Law, who ran for Bronx District Attorney, had Respondent get the identification card from the New York City Department of Corrections as Legal Assistant. He filed the paperwork with New York City Corrections. John J. Montes, Attorney at Law, had the Respondent assist him and all other attorneys in the office in the preparation of documents and motions filed with USCIS. We are asking the Court to dismiss this case. (1) A judge shall be faithful to the law and maintain professional competence in it. Partisan interests, public clamor, or fear of criticism shall not sway a judge. (2) A judge shall require order and decorum in proceedings before the judge. (3) A judge who receives information indicating a substantial likelihood that another judge has committed a substantial violation of this Part shall take appropriate action. 11 11 of 20 FILED: BRONX COUNTY CLERK 12/07/2023 11:06 AM INDEX NO. 1576/2004E NYSCEF DOC. NO. 233 RECEIVED NYSCEF: 12/07/2023 (4) A judge who receives information indicating a substantial likelihood that a