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  • People Of The State Of New York, By Eric Schneiderman, ATTORNEY GENERAL OF THE STATE OF NEW YORK v. Edwin Rivera , d/b/a INMIGRACION HOY, Inmigracion Hoy News Today, Forensic Immigration LawSpecial Proceedings - Other (Executive Language) document preview
  • People Of The State Of New York, By Eric Schneiderman, ATTORNEY GENERAL OF THE STATE OF NEW YORK v. Edwin Rivera , d/b/a INMIGRACION HOY, Inmigracion Hoy News Today, Forensic Immigration LawSpecial Proceedings - Other (Executive Language) document preview
  • People Of The State Of New York, By Eric Schneiderman, ATTORNEY GENERAL OF THE STATE OF NEW YORK v. Edwin Rivera , d/b/a INMIGRACION HOY, Inmigracion Hoy News Today, Forensic Immigration LawSpecial Proceedings - Other (Executive Language) document preview
  • People Of The State Of New York, By Eric Schneiderman, ATTORNEY GENERAL OF THE STATE OF NEW YORK v. Edwin Rivera , d/b/a INMIGRACION HOY, Inmigracion Hoy News Today, Forensic Immigration LawSpecial Proceedings - Other (Executive Language) document preview
  • People Of The State Of New York, By Eric Schneiderman, ATTORNEY GENERAL OF THE STATE OF NEW YORK v. Edwin Rivera , d/b/a INMIGRACION HOY, Inmigracion Hoy News Today, Forensic Immigration LawSpecial Proceedings - Other (Executive Language) document preview
  • People Of The State Of New York, By Eric Schneiderman, ATTORNEY GENERAL OF THE STATE OF NEW YORK v. Edwin Rivera , d/b/a INMIGRACION HOY, Inmigracion Hoy News Today, Forensic Immigration LawSpecial Proceedings - Other (Executive Language) document preview
  • People Of The State Of New York, By Eric Schneiderman, ATTORNEY GENERAL OF THE STATE OF NEW YORK v. Edwin Rivera , d/b/a INMIGRACION HOY, Inmigracion Hoy News Today, Forensic Immigration LawSpecial Proceedings - Other (Executive Language) document preview
  • People Of The State Of New York, By Eric Schneiderman, ATTORNEY GENERAL OF THE STATE OF NEW YORK v. Edwin Rivera , d/b/a INMIGRACION HOY, Inmigracion Hoy News Today, Forensic Immigration LawSpecial Proceedings - Other (Executive Language) document preview
						
                                

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FILED: BRONX COUNTY CLERK 11/20/2023 01:04 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 11/21/2023 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 30th day of November 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: 1 1 of 20 FILED: BRONX COUNTY CLERK 11/20/2023 01:04 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 11/21/2023 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 J u n e 2000), as well as the report of the scam. Junior was distraught and belligerent with the Respondent. Years later, 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 11/20/2023 01:04 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 11/21/2023 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 avenge] 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 e;rantine; the relief requested in the Valley of Hinnom. Illegal arrest. The Petitioner, [to avenge] 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 11/20/2023 01:04 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 11/21/2023 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 28, 2004 - Lawful basis for granting the relief requested in the Valley o f Hinnom. En2aged in conduct involving dishonesty, fraud, deceit, o r misrepresentation. The Petitioner, [to avenge] 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 11/20/2023 01:04 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 11/21/2023 May 17, 2005 - Lawful basis for granting the relief requested in the Valley of Hinnom. The Petitioner, [to avenge] 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 10, 2006 - Lawful basis for granting the relief requested in the Valley of Hinnom. Engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. The Petitioner, [to avenge] 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. February 9, 2007 - Lawful basis for granting the relief requested in the Valley of Hinnom. Engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. The Petitioner, [to avenge] 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 3, 2016- Lawful basis for granting the relief requested in the Valley of Hinnom. Engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. The Petitioner, [to avenge] after the Respondent discovered the scam 5 5 of 20 FILED: BRONX COUNTY CLERK 11/20/2023 01:04 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 11/21/2023 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 favorable light," 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 grantine; 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. Wily tile Petitioner never served Montes is tile biggest mystery in this case. Was there a conflict o f interest or some other explanation? Is it perhaps because o f tile Ineffectiveness o f 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 11/20/2023 01:04 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 11/21/2023 OnSeptember 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 Plaintiffs 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/bj). Absent a formal appearance by counsel o f record, serving process on a party's attorney is not sufficient to establish personal jurisdiction absent proof o f the attorney's authorization" (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 o f complaint should be denied where apparent counself o r the defendant admits service but fails to provide any proof o f their authorization to accept it (Id. citing Lord Sec. Corp. v Moorer, 2021 N. Y. Slip Op. 33706/UJ, 1 [N. Y. Sup Ct, New York County 2021/ [other citations omitted/). The Court's prior order was "without prejudice to renewaland properly serving Shetty" (Id. at *2 [ citations omitted/)." "In an effort to demonstrate proper service o f its second motion for summary judgment in lieu o f a complaint in this action, CEBD submits an affirmation o f service o f its counsel (NYSCEF 34) annexed to which is an affirmation o f Benjamin Bianco, Esq. (NYSCEF35), 7 7 of 20 FILED: BRONX COUNTY CLERK 11/20/2023 01:04 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 11/21/2023 whose firm represents S/ietty in another action. Mr. Bianco states that he is authorized to accept service in this action but does not attach any authorization from Shetty- the person to be served - or other evidence o f his authority. While the Court does not have reason to question the truthfulness o f Mr. Bianco's statement, it remains insufficient to establish personal iurisdiction over Shetty." 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 11/20/2023 01:04 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 11/21/2023 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 detailing the applicant's title, duties, and reason for the one- 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 renewals, applicants must submit a new application, at least one government- 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 11/20/2023 01:04 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 11/21/2023 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 0MB 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 s h o w - 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 11/20/2023 01:04 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 11/21/2023 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 Respondent as "Edwin the accountant" 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. (l) 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 11/20/2023 01:04 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 11/21/2023 (4) A judge who receives information indicating a substantial likelihood that a lawyer has committed a substantial violation of the Rules of Professional Conduct (22 NYCRR Part 1200) shall take appropriate action. (5) Acts of a judge in the discharge of disciplinary responsibilities are part of a judge's judicial duties. Lawful basis for granting the relief requested in the Valley of Hinnom. Engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. The Petitioner falsified evidence, counseled, or assisted a witness to testify falsely or offer an inducement to a witness, is prohibited by law. The affidavits filed by clients about our services were false. The worst clients who are desperate because of their cases documented by USCIS said false statements beyond belief. Ariel Cadavid, for example, was arrested for selling cocaine and was sought by the FBI and USCIS Agents who came to our office to review his file. Stevenson Laudat was the captain o f a ship that, according to him, broke down; he allowed the waves to take the vessel to shore until he got off and took a taxi to the airport to return to his country o f origin. At the airport, he gave Border Patrol a different name and was deported. He later applied for a visa to enter the USA using another name. Who will believe him when he says that he abandoned the ship when he walked away to return to his country? 12 12 of 20 FILED: BRONX COUNTY CLERK 11/20/2023 01:04 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 11/21/2023 The ship, we believe, was full o f cocaine, and he sold the whole cargo to the cartel. That is why he used a different name to return to his country o f origin. He returned to his country of origin, he said to purchase a few properties and worked on entering the USA with a Visa based on a petition filed by his mother. He entered as Stevenson Laudat, but that was not the name when he was deported from the airport. The Petitioner falsified evidence, counseled or assisted witnesses to testify falsely, or offered an inducement to a witness. God willing, they will face this Respondent in a Court of Law. Details of each witness will reveal that they signed affidavits custom-made by this Petitioner. One of the witnesses worked in my office. Her husband entered with a passport that had a Visa Stamp, only that he changed the picture on the first page. He pulled the original picture on the passport and put his own picture. He was arrested by Border Patrol and had a pending order of deportation. When I was arrested in the Dominican Republic, his relative was one of the Police Officers. For unknown reasons, the petitions filed by this Respondent were denied by USCIS. For example, petitions asking for benefits for Isabel RIVERA, my wife, and the members of our church were denied. I am also aware that by law, I may be imprisoned for up to five years or fined $250,000, or both, for entering a marriage contract to evade any U.S. immigration law. In addition, I may be fined up to $10,000 and imprisoned for up to five years, or both, for knowingly and willfully falsifying or concealing a material fact or using any false document in submitting this petition. 13 13 of 20 FILED: BRONX COUNTY CLERK 11/20/2023 01:04 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 11/21/2023 Lawful basis for granting the relief requested in the Valley of Hinnom: Petitioner, Rule 8.4, American Bar Association - Misconduct. It is professional misconduct for a lawyer/prosecutor/judge to: (a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist, or induce another to do so, or do so through the acts of another; (b) Commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects; (c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation; (d) Engage in conduct that is prejudicial to the administration of justice; (e) State or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or (t) Knowingly assisting a judge or judicial officer in conduct is a violation of applicable rules of judicial conduct or other laws. Lawful basis to grant the relief requested-an order to dismiss: Model Rules of Professional Conduct, American Bar Association. Rule 3.4: Fairness To Opposing Party and Counsel. 14 14 of 20 FILED: BRONX COUNTY CLERK 11/20/2023 01:04 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 11/21/2023 A lawyer shall not: (a) unlawfully obstruct another party's access to evidence or unlawfully alter, destroy, or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act; (b) falsify evidence, counsel, or assist a witness to testify falsely, or offer an inducement to a witness, is prohibited by law; (c) knowingly disobey an obligation under the rules of a tribunal, except for an open refusal based on an assertion that no valid obligation exists; (d) in pretrial procedure, make a frivolous discovery request, or fail to make a diligent effort to comply with a legally proper discovery request by an opposing party; (e) in a trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused; or (f) request a person other than a client to refrain from voluntarily giving relevant information to another party unless: (1) the person is a relative or an employee or other agent of a client; and (2) the lawyer believes that the person's interests will not be adversely affected by refraining from giving information. 15 15 of 20 FILED: BRONX COUNTY CLERK 11/20/2023 01:04 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 11/21/2023 Comment (1) The procedure of the adversarial system contemplates that the evidence in a case is to be marshaled competitively by the contending parties. Fair competition in such a system is secured by prohibitions against destruction or concealment of evidence, improperly influencing witnesses, obstructive tactics in discovery procedure, and the like. (2) Documents and other items of evidence are often essential to establish a claim or defense (See motion 011). Subject to evidentiary privileges, the right of an opposing party, including the government, to obtain evidence through discovery or subpoena is an important procedural right. The exercise of that right can be frustrated if relevant material is altered, concealed, or destroyed. The applicable law in many jurisdictions makes it an offense to destroy material if the purpose is impairing its availability in a pending proceeding or one whole commencement can be foreseen. Falsifying evidence is also generally a criminal offense. Falsifying Translation of Newspaper Advertising - 2004 Sometime before June 2004 - Someone other than the Respondent placed an advertisement; see Exhibit-D, LICENCIADO. It was removed three days later. There are written rules when translating documents from Spanish into English. You must adhere to the correct translation of each word that is best for the listeners or readers. Our listeners from Ecuador and Mexico on the INMIGRACION HOY radio show had to comply with the translation used in their country of birth. 16 16 of 20 FILED: BRONX COUNTY CLERK 11/20/2023 01:04 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 11/21/2023 See Exhibit-F. NYS TRANSLATOR AFFIDAVIT. Marisol Lugo wrote, "(b) Spanish is my first language, which I learned from my parents. who are both Spanish speaking dominant, and who have always spoken Spanish as their principal language." This explanation doesn't sound like she is an expert in translations. This whole thing describes a situation giving rise to personal animosity or retaliation. The fraudulent translation was fixed. The courts have inherent power to grant relief from the 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 limitation is specifically prescribed by law." Ostad v. Nehmadi, 2019 N.Y. Slip Op. 32250 (N.Y. Sup. Ct. 2019). This translation caused problems. The translator deliberately falsified the translation: "(b) falsify evidence, counsel, or assist a witness to testify falsely or offer an inducement to a witness, is prohibited by law;" Now, please refer to the work of a professional translator. See Exhibit-K for the accurate translation. With so many sources that teach us the proper translation of the word Licenciado, it is unclear why it was mistranslated. See the following sources: (1) ASCP Board of Certification. What is the equivalent of a Licenciado from Mexico in the United States of America? Answer: 17 17 of 20 FILED: BRONX COUNTY CLERK 11/20/2023 01:04 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 11/21/2023 A bachelor's degree is the equivalent of a license from Mexico. See Exhibit- FINDMATE. (2) See Oxford Languages. (3) See Black's Law Dictionary. The term is given to a person who is not in the legal profession or a person with no particular occupation. (4) See Wikipedia, The Free Encyclopedia. A licentiate (abbreviated Lie.), is an academic degree present in many countries, representing different educational levels. It may be similar to a master's degree when issued by pontifical universities and other universities in Europe, Latin America, and Syria. SUMMARY OF ARGUMENTS Although Licenciado expressly appears in the statutory definition of law books, case law has rejected a literal interpretation of the definition, especially when a person is exercising his constitutional rights and freedom of speech. Hence, this substance-over-form approach looks at economic realities. People come to our office to seek essential things needed to stay alive. The statutory definition itself requires a transactional analysis. The Plaintiff has failed to state a proper claim owing to the poor translation of Licenciado. Obviously, the Respondent was not doing business under different names other than when on the radio show. An examination of the radio show recordings proves that the Respondent is referred to as Edwin therein. Exhibit-A. Programa de Radio, January 13, 2002; Exhibit-B. Programa de Radio, January 27, 2002; Exhibit-C. Programa de Radio, August 25, 2002. 18 18 of 20 FILED: BRONX COUNTY CLERK 11/20/2023 01:04 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 11/21/2023 See translation to English, Exhibit-L. SPANISH GROUP, TRANSLATION. The Plaintiff needs to improve in other ways that will be brought to light upon an examination and review of the accounting books and records. See RECORD. All clients have an outstanding balance for the monies paid on their behalf to the lawyers who represented their case before USCIS. See the list of attorneys listed herein. Finally, the Respondent seeks triple damages based on false allegations that have caused injury. Even when construed in the light most favorable to the Plaintiff, his complaint fails to allege injury of the sort that New York State sought to remedy by acting upon the allegations. WHEREFORE, the deponent respectfully asks for an order relieving the Respondent from the aforesaid judgment(s) and vacating and setting aside the judgment(s). Consistent with the objectives of Rules 4.2 (ABA MODEL RULES) and 4.3, disclosure to a represented defendant must be made through the defendant's counsel and, in case of an unrepresented defendant, it must ordinarily be accompanied by a request to the court for the appointment of counsel to assist the defendant in taking such legal measures as may be appropriate. The Respondent respectfully asks the court to appoint counsel to assist the respondent. 19 19 of 20 FILED: BRONX COUNTY CLERK 11/20/2023 01:04 PM INDEX NO. 1576/2004E NYSCEF DOC. NO. 208 RECEIVED NYSCEF: 11/21/2023 Dated: November 16, 2023 Bronx, New York 10462-5410 Ph : 347-439-1421 Fax: 718-863-4877 Email: rivera10462@outlook.com CC: Kurtis R. Falcone Assis t ant At t orne y General 163 West 12s t h St reet , Suite 1324 New York, New York 10027 (212) 364-6010 20 20 of 20