Divorce New York Style.
The Schemes and the Rackets in a New York Hall of Justice.
By Henry Plemper (Rev.99)
THE CASE: Plemper vs. Plemper.
THE COURT: New York State Supreme Court of Suffolk County (On Long Island)
THE TRIAL: Dragged out over 3 Years (March 2008 through March 2011).
- Everything in this article is based on true and documented facts and my personal experience. I am further exercising my Constitutional Right of Free Expression to express my personal opinion.
- This type of legal procedure which in order to comply with the Divorce Law Requirements of the State of New York is based on Fabrications which can only be produced by a professional, legally trained fabricator. It is such an outrages miscarriage of justice in our legal system that I feel an obligation to expose this charade to the public to its fullest extent.
- I also suggest that the State of New York should pass an amendment to extend the 30 day deadline for a divorce appeal to one or more years in order to permit parties which have been railroaded and financially ruined by this system (like myself) to appeal and to correct this gross miscarriage of the justice under the newly amended 2010 No Fault Divorce Law.
After you read this article you will understand that this entire court case is in the end a clear case of prejudice.
1954 We met and in 1957 we married while we lived in Germany.
1959 We Immigrated to Canada. I worked for five years in a Gold Mine.
1963 We immigrated to New York.
1965 I started my own Business.
2008 In October after 43 Years, due to moving and the recession,
I had to close down the Business.
In 2007 / 2008 Everything went wrong at the same time.
Moving the Office the Warehouse and my Gallery (where I lived in during weekdays) Construction of our new Facility and then to top it all off comes the Recession and the Business slows down drastically.
- After forty years in 200 Fifth Ave. (aka “The International Toy Center” at Madison Park in Manhattan) the buildings was sold and all tenants had to vacate the buildings.
In the process New York City lost the International Toy Industry.
(I think Harry Helmsley turned around in his tome).
I had also net leased the attached four story 23 W. 23 Street Bldg.
- After extensive searching in five borrows I rented a large space in Long Island City, Queens.
I divided the space up in to separate offices with intend to sublease three spaces to recover the rent (As I did in Manhattan).
The alteration work was very involved and costly. In the process we spend a lot of money on moving and construction.
- The recession sets in.
- I am unable to find tenants. I had spent thousands of dollars on advertising but no results. Companies were closing down and moving out of the building.
- The business dropped off rapidly.
- I run out of money and was unable to pay our bills (Rent, Taxes, Suppliers, etc).
- I struggled on to the bitter end.
I could not accept the fact that I was losing the business which I had build up over forty three years from scratch.
In October 2008 I had run out of options and was forced to close the business down.
For a long time I have suffered from depression but eventually I am getting over it.
The Recession Which started around 2007 while I was in the middle of moving. I have been trough two prior recessions before and did not suffer any losses.
During the 1975 recessions I did the plumbing alteration in the Kitano Hotel on Park Avenue. The building was being converted from the Murray Hill Apartment Building to a Hotel.
When the general contractor went bankrupt Mr. Kitano came to New York and appointed me as the GC. to complete the project. This got me trough the 1975 Recession.
The late 1980s recession did not affect me much.
During this recession I got caught between a rock and a hard place (as the saying goes) without a way out.
As the situation worsened my wife suggested that we file for a divorce and have my name removed from our property titles in order to shield them from foreclosure due to the Corporate Tax Liabilities for which I would be held personally liable. She stated that she had spoken to an attorney who advised her to go this route.
She further assured me that our family relationship will not be affected.
At first I was totally shocked. But eventually I agreed.
NEW YORK STATE DIVORCE LAWS (Prior to October 2010).
When I received the summons and read all these lies and fabrications I was completely shocked.
It stated: The reason for the divorce as:
“Cruel and Inhuman Treatment, Adultery, Abandonment”
Never in my life have I ever experienced such dirty Lies & Fabrications.
Each and every one of the accusations against me are complete fabrications and no evidence whatsoever was ever presented. Which was most shocking was that my wife had signed a sworn affidavit stating that these fabrications are the truth.
On June 16, 2010 when I read The New York Times.
The center front page article read:
N.Y. Moves Closer to No-Fault Divorce.
It states among other things:
“For decades, New Yorkers have been bedeviled by divorce laws that critics said prompted endless litigation and custody fights that were both unnecessary and cruel.
Under current divorce law, one spouse must take the blame, even if both sides agree that a marriage cannot be saved.
To get a divorce in New York State, one party must allege:
“Cruel and Inhuman Treatment or Adultery or Abandonment.”
Now I understood why I have been so smeared on and my character is being destroyed.
It obviously is the work of a Professional, Legally Trained Fabricator who specializes in this field of law to create these scams in order to be in compliance with the New York State Divorce Law Requirements.
Furthermore in order to cover his rear end he has his client sign a sworn affidavit stating that these fabrications are the truth.
This New York State divorce law is a gold mine for the legal professionals who operate in this shady area of the legal system.
In this case my wife’s attorney runs up charges of $ 300.00 per hour for his time and $ 150.00 per hour for legal assistances.
Further more, they drag the case out as long as possibly to keep the rubles rolling.
My Wife’s legal expenses where paid out of family assets which I had no access to.
She had transferred all funds from our joint accounts in to her personal account.
4-1) Cruel and Inhuman Treatment
Among the Fabrications it states
- The defendant yells and screams at the plaintiff.
- The defendant calls the plaintiff names such as stupid and tells the plaintiff : “you’re crazy, you need to see a psychiatrist”.
- He belittles the plaintiff and shows the plaintiff no respect.
- The defendant shoved and pushed the plaintiff at times, and he gets physical with the plaintiff.
- At one time he puts his fist between the plaintiff’s shoulder blades causing her pain for weeks.
- On occasions the plaintiff became belligerent and threatening toward the plaintiff.
- On frequent and divers occasions, the defendant became belligerent,threatening and endangering to the parties’ son.
- On frequent and divers occasions the defendant refused to share the maritalbed with the plaintiff despite the plaintiff’s repeated requests that he do so.
- On frequent and divers occasions, the defendant has refused to socialize with the plaintiff despite the plaintiff’s repeated requests that he do so.
After each of these fabrications it states:
The defendant’s conduct in this regard caused plaintiff to suffer fear, severe emotional distress and mental anguish.
- Alcoholism is frequently mentioned in the accusations.
I am a social drinker of wine and so is my wife.
I don’t drink any hard liqueur or beer.
I have never taken any drugs. How frequently do I drink wine?
Usually two to three glasses with dinner in the evening (never during the day, except maybe on weekends with my wife).
When I have dinner in a restaurant I always drink wine with my meal.
One of my great pleasures is always when I come home from the city on the late train around midnight on Fridays.
I like to sit on the dock in summer or winter with a glass of wine, breath in the fresh ocean breeze and listen to the waves splashing on the dock.
This is the ultimate difference to the Manhattan Symphony (tooting horns, clonking manhole covers and blaring sirens) which one hears on 23rd Street and Fifth Avenue in Manhattan day and night, nonstop.
Over the past two years I very rarely drink any more wine.
Accusing a person of being an alcoholic is a good piece of mud to sling at a person by a professional mudslinger because it easily sticks.
Question: If I am such a terrible alcoholic, why has she never called the police in 52 years???
Now I am 74 years old and never got sick in my live.
Does that may have to do with wine consumption?
4-2) Abandonment Among the Fabrications it states:
The defendant has not lived in our house for approximately one year now.
I believe that the defendant has been living in the building where his business is located.
At my wife’s Deposition by her attorney in front of the judge:
Q. When was the last time that Mr. Plemper lived at that address?
A. October of 2007.
The Facts: In July 2007 I had to move out of 200 Fifth Ave. and 23 W. 23 Street in Manhattan where our office, warehouse and my weekday residential quarters where located.
Besides running the day to day business from the office we were involved in several larger projects like the heating system upgrade and the ejector pumping system in the Empire State Building and the house pump and water heater replacement projects in the Lincoln Building.
These projects I personally supervised and this occupied me during business days. On weekends I searched in all five boroughs for office, warehouse and living space. There was also packing and later unpacking activity. Eventually I found a new suitable location in Long Island City.
We leased a large space and did a considerable amount of construction work to divide the space in to four separate spaces for sub leasing. We set up our new office and warehouse.
Again all this was primarily done on weekends under my personal supervision.
My wife was fully aware of this. She visited me in the City on several occasions and I went to our house on several weekends after October 2007 where she claimed that I was not at our Southampton residence.
We also emailed and spoke on the phone on a daily basis.
The divorce action started May 2008. (Oct. 2007 to May 2008 is a 6 month period).
Under NYS. Divorce Law, Abandonment is classified as a period of One or More Years.
Accordingly the abandonment issue does not apply and should be thrown out.
After my wife had filed for the divorce, she told me that if I come to the house, she will call the police and have me arrested. This is possibly a legal advice from her counsel.
4-3) Extramarital Affairs Among the Fabrications it states:
That at the following times, none of which is earlier than five years before the date of commencement of this action, the defendant committed the following acts which endangered the plaintiff’s physical and mental wellbeing and rendered it unsafe and improper for plaintiff to continue to reside with the defendant:
- On frequent and divers occasions the defendant has attempted to pressure the plaintiff into performing sexual acts and engage in sexual behavior that the plaintiff found inappropriate and did not consent to.
When plaintiff refused to engage in such sexual behavior as requested by the defendant, defendant repeatedly blamed the plaintiff for problems with their marriage and their sex life.
In addition, the defendant repeatedly stated to the plaintiff that their sex life is completely unsatisfactory to him.
In addition, the defendant engaged in viewing pornography and repeatedly requested that the plaintiff watch the pornography with him despite the fact plaintiff did to consent to this behavior.
Defendant’s behavior causes plaintiff to suffer severe emotional distress and mental anguish.
- “During the parties’ marriage, defendant has engaged in an extra-marital affair with another woman without the consent of the plaintiff.
Defendant has exposed plaintiff to this affair and has flaunted this extra-marital relationship to the plaintiff, even to the extent that the plaintiff pays for expenses relating to his paramour that he does not conceal from the plaintiff. Defendant’s behavior causes plaintiff to suffer severe emotional distress and mental anguish”.
- On the Stand:
My wife was put on the stand and was questioned by her attorney in front of the judge.
Her attorney questioned her about all the listed fabrications under oath.
I could not believe that my wife of 52 years would lie and make such false statements.
By now she was obviously well trained.
The one and only Extra Marital Affair Question was:
Q. Did your husband ever engage in any extra marital affairs?
A. Yes. Q. How do you know that? A. He told me so.
Q. He told you? A. Yes. Q. When did he tell you?
A. There was a time when we made love. While doing this he told me that he had just the day before been with another woman and told her how happy of a marriage he has and she answered him: “So why do you come to me”.
(She stated: “He had been with another woman” Been with another woman is not an extra marital affair).
- If I actually have had an extramarital affair, would I be so stupid to tell my wife about it?
- Where is the evidence about extra marital affairs?
- Upsi. Something else is out of sequence here.
She replied: “There was a time when we made love. While doing this he told me”
A divorce law requirement is that any accusations must have occurred within a period of five years prior to the start of the divorce action. It also states so in the listing of the accusations:
“None of which is earlier than five years before the date of commencement of this action”.
The Facts: We never had any sexual activity in over ten years. Accordingly the extra marital affairs issue (Which is a total fabrication in itself) should also be thrown out.
Our Sex Life: Our sex live was the unhappiest part of our marriage.
For many decades she never liked to engage in any sexual activity und for over ten years she refused to have any sexual contact with me at all.
When I tried to touch her body in bed, she moved my hand away and said: “Don’t touch me”.
As troublesome as our sexual differences where, I could live with them because I loved my family very much.
There is a lot more to say about this problem. But this is enough for now.
Question: From a human point of view (Law or no Law):
What is more of a mental cruelty?
- If one partner refuses over decades to have sexual intercourse with his/her partner?
- If one partner has sex with another woman after he has been deprived for decades of sexual intercourse with his married partner?
I was further ordered by the court that I am liable for and have to pay all the expenses requested by the plaintiff’s attorney.
Including but not limited to: Plaintiff’s legal fees. Forensic Accountant fees. My wives insurances (Health, Auto, Home owners & Flood insurance, etc.), Child support, Loan payments etc.
I did not have access to money other than my social security and I had clearly stated so in court.
I was asked by plaintiff’s attorney to sign a document which was handwritten in the courtroom consenting to the payments.
I refused and stated that I have to study it first. The judge then ordered me to sign it.
The Honorable Judge raised himself up on the bench and pointing his finger in to my face and screamed at me:
That I have to comply and he stated:
“Willful contempt means I determine you’re capable of paying and made no good faith effort at paying it and that has a result of 180 days in the Suffolk County Correctional Facility or until you purge your contempt.
It’s not 180 days or pay. You still have to pay but you get 180 days for failing to pay.
So if you think that I am kidding, ask any attorney out there in the audience.
There’s not that many defendants. Ask any attorney in Suffolk County who does matrimonial before me and they will tell you that I’m quite serious about my orders.
If you fail to comply with them and I determine that it’s willful, you will have to go to jail”.
At the next court appearance, the opposite party presented a handwritten document. In order to stay out of the Suffolk County Correctional Facility for 180 days I was forced to sign the Document which states among other things: “IT IS HEREBY STIPULATED AND AGREET“ by and between the below-named attorney(s) as follows:
- The parties agree that defendant is in arrears total $ 52,000.00.
- Defendant sells his Speed Boat within two weeks at his sole cost and expenses and turns the money over to council.
- Pay $ 10,000.00 to the Forensic Accountant.
- In case the Forensic Accountant payment is not received within three weeks, the contempt hearings shall take place”. (In other words, I go to jail for six months). In consideration that I have no assets and I am in my seventies, this is in my opinion plain and simply Blackmail and Extortion as used by Common Criminals and Organized Crime.
I still can’t believe that this is or has anything to do with justice.
My wives attorney requested to hire a Forensic Accountant and that I have to forward $ 10,000.00 to the Plaintiff’s attorney in order to pay for the Forensic Accountant.
a) In the Report it states:
DEFINITION OF FAIR MARKET VALUE:
“Fair Market Value is defined as the amount at which property would change hands between a willing buyer and a willing seller, each having reasonable knowledge of the relevant facts and neither being under any compulsion to buy or sell.
This concept of value is supported by definitions set forth by the Internal Revenue Service, specifically in Revenue Ruling 59-60 and it has been further elaborated in numerous court decisions dealing with “Fair Market Value”.
b) It Further States: We requested numerous additional documents as outlined below, as well as the opportunity to speak with Henry Plemper and his business accountant. None of the documents were provided and we were not afforded the opportunity to speak with either Henry Plemper or his accountant.
Had the documents been made available or we had the opportunity to speak with Henry Plemper and/or his accountant, our conclusions of value may have been different.
The Facts: I was never contacted by a forensic accountant.
c) It States: That certain businesses known as Manhattan Plumbing Corporation had a
value of $ 443,000.00 and American Steam Control Corporation had a
value of $ 87,000.00. Total value $ 530,000.00.
Manhattan Plumbing Corp. at the time when I had to close it down had liabilities of over one million dollars (Rents, Taxes, Suppliers, etc).
Is there anybody in this world who pays $ 443,000.00 for a company who is over one million dollars in debt and this in the middle of a recession???
What a scam.
American Steam Control Corp. was over the past 10 years used only for a rent pass trough between subtenants and the landlord. The company had no assets. Where does the $87,000.00 value come in???
In order to make this Scam stand up: Plaintiff’s council asked for a judgment prohibiting me from opposing this piece of scam.
Of course the HONORABLE judge Blydenburg signed a judgment prohibiting me from opposing this Scam of all Scams.
In my opinion: Any person who creates such documents for the purpose of being used by attorneys to rip off and destroy other people’s lives are nothing more than guns for hire.
The Judge further ordered me to pay all of my wife’s expenses such as: All Insurances, (Home Owners, Flood, Health, etc). Real Estate Taxes, Utilities etc.
My wives Car Insurance (for the 2 S class Mercedeses), Child Support, etc.
The Judge further stated that failure to comply will result in contempt of court.
I was also ordered to pay all of my wives legal fees.
In order to stay out of jail I was forced to sign a document agreeing to all their terms.
Everyone was fully aware of the fact that I had no money so I was in Contempt of Court.
During the entire court procedure the judge agreed to everything plaintiff’s attorney asked for
To me this entire court case was a overwhelming miscarriage of justice and a Courtroom Racket. It is also a clear case of prejudice.
- My wife’s attorney is from a law firm which we had engaged the year before in a real estate case.
We asked the judge to have her attorney disqualified because of conflict of interest.
The judge denied the request.
- When I called several attorneys that I was referred to by the Suffolk County BarAssociation,
One attorney, when I mentioned Judge Blydenburgh, he remarked: “Forget it”
- After the first court appearance when my temporary attorney came out of the judge’s chamber she said to me: “Henry the Judge does not like you”.
- After my first court appearance on 12/18/2008 I submitted a document to the Judges Secretary (addressed to Judge Blydenburgh) with my replies to the accusations against me.
After my attorneys first meeting in the Judges Chamber, she told me that:“The judge had thrown out my replies because they were not in proper legal format”.
- At my last court appearance I wanted to reply to the false accusations against me, the judge with a hand movement waved me off and stated: “It’s a little too late”.
When I wanted to present additional documents which I had in my hands (this time in proper legal blue backed format).
He also told me: “It doesn’t matter, you have been precluded”.
He further accused me of being a total obstructionist in this litigation.
The judge made other derogatory comments about me, which are listed in the court transcripts which I have.
- On the Last Day in Court on 9/20/2010.
At the opening after the Plaintiff and Defendant identified themselves.
The Judge stated:
“All right. This case was scheduled for trial today.
Obviously there’s has been a change in circumstances in the court”.
“We are not going to proceed with a trial".
We have received the Plaintiff’s motion that was made, which it appears to the court resolves all of your issues.
And it asks, for all intend and purposes, for an inquest not on the issues”.
After my wives deposition by her attorney where she repeated all the lies and fabrications they had created against me, her attorney went to the bench and discussed with the judge what they are going to deduct from my 50% of our assets.
He asked the judge to deduct the $ 530,000.00 of the Forensic Accountants Report from my share of our assets and award our family residence to my wife.
The Judge agreed to everything her attorney asked for.
At this point I got up and left the court room. I stated loud & clear:
“If you call this justice then I don’t know what justice is”
These where my last words as I walked out of the court room.
I have looked up reviews and ratings of the HONORABLE Judge Donald R. Blydenburgh which are listed below.
Someone mentioned to me that since he has been promoted to a Bench in Blydenburgh Park (named after his ancestors in Smithtown, NY.)
As a Court Staff person commented: “He has a history of personal problems. His family does not even like him. He claims he found God when he stopped drinking etc.“
I applied to the Suffolk County Bar Association for a Modest Means Attorney. In April 2009 I signed a contract and made a $ 1,000.00 Retainer payment. Several times she appeared in court on my behalf. She run up a bill of legal fees over $12,000.00. I was unable to pay and in March 2010 she asked the court to be relieved from the case. She did her best and I fully understand her action. There after the Suffolk County Bar Association referred me to three other Pro Bono Attorneys. I called them and gave them the case information. I kept calling them and left messages but they did never returned my calls.
Pro Bono Attorneys don’t want to get involved in a case which:
- Involves much time and where the client has no money.
- Are in front of the HONORABLE Judge Blydenburgh and based on his records are losing cases from the outset.
In February 2011 The Suffolk County Bar Association referred me to another Modest Means Attorney.
I called and emailed him the case info. When I called him back, he replied:
”I looked at the case and I need a $ 5,000.00 Retainer”. Which I did not have.
I called another attorney. Same story: “Show me the money”.
He does excellent work in character assassination and appears to be well connected to the judge in this case (or judges in the system).
Several documents which he claimed where served to me where never served or too late for me to respond to in a timely fashion.
One important document in 2008 (after the original notice of divorce) was never served.
I received a call from the building office that there was a document for me which someone had found in the building.
The envelope was already opened up. It was several weeks old.
I belief that this is just another scheme and trick of the trade.
On September 28, 2009 my wife called me in the office and suggested that we get together and work out a settlement that we both can live with. As we spoke I toke notes. After the conversation I wrote a memo listing the items she had suggested and we had both agreed to and emailed it to her:
- We file an uncontested divorce.
- Henry will live in the Brooklyn apartment. Maria & Josef have fulltime residential rights.
- She & son Josef will live in the house. Henry has fulltime residential rights.
- The legal divorce case gets terminated.
- Henry will try to earn income to pay off the Equity Loan on the House to the best of his ability.
- We will have a written agreement documenting our new dissolved marriage life. I also added several other minor related issues to be addressed and clarified.
I did not get a reply back from her.
Two days later on 9/30/09 I called her to ask her if she had looked at my memo.
She replied: Forget it. You have it all wrong.
We have to proceed in court. I have to go now. Goodbye.
Obviously someone had talked her out of it and I pretty much know who this someone is.
1959 We Emigrated from Germany to Canada.
I worked for five years in a Gold Mine in northern Canada
My pay was $0.95 p.hr.
All food, clothing and household supplies had to be bought in the company store which was deducted from the pay check. If you buy outside of the mine camp your job was in jeopardy.
(Remember the song of the 60s? “I sold my sole to the company store”).
Most families and miners in the mine camp where DP’s as we were called.
(Displaced Person’s – Europeans displaced at the end of the Second World War).
1963 Finally after five years of waiting our immigration visas to the U S. where granted and we moved to New York.
1965 I started my own Business.
We raised two children now 55 and 51 years of age and currently we are raising our adopted grandson now 17 years old. We always lived a good live.
In the first couple of years in the US. we went camping from the Carolinas to Montauk and Upstate in New York and Pennsylvania.
In 1969 we bought the Ditch Plains Campground in Montauk, NY.
We converted the campground in to a Trailer Park.
As per request by authorities we removed the public bathrooms.
We evicted shanties, cleaned the place up, and made many improvements.
We installed cesspools on individual sites, domestic water supply piping, upgraded the electric supply system and sold Mobile Homes.
In 1972 there was a fuel oil crisis and people would not come out to Montauk in fear of getting stuck without gasoline.
As a result we had no sales and defaulted on the mortgage payments and lost the park in the process.
The tenants bought the Park. Today it is the:
The Montauk Shores Condominium Park.
We did a lot of boating and ocean fishing. In the summertime we made boat trips along the east coast to Rode Island, Massachusetts, Martha’s Vineyard and up the Hudson and Connecticut Rivers in our motor boats and on rented sail boats.
In the 1970’s I passed the US Coast Guard test and got a Charter Boat Captains License. We spend many extended weekends fishing in the ocean.
We traveled all over the world, to Europe to Africa, to Central and South America and Hawaii.
Many times we sailed in the Caribbean and the Pacific Islands. I taught my wife and our children scuba diving and had them certified for open water ocean diving.
We went on many sailing and diving vacations in the Windward and Leeward Islands in the Caribbean’s, Cozumel, Mex. The Dutch West Indies, Belize, Bonaire. In the Pacific: The Galapagos Islands, the Tongan Islands the Polynesian Island Groups, Bora Bora and Samoa.
The Hamptons: In 1972 we purchased a Waterfront Property on Shinnecock Bay in the Town of Southampton.
It was a handyman special. The house was a frame with exterior walls and roof only. No interior walls, no plumbing, electric or heating.
I replaced the entire south wall facing the bay, all doors and windows and the roofing. Later we replaced the house exterior with stucco.
At first was our weekend home and later became our prime residence.
1985 Hurricane Gloria: After a thirty foot washout we fully bulk headed the property on the Bay side and the Lagoon along the east side of the property.
We also build a 250 foot dock in to the bay with two electric boatlifts.
The pilings and beams are oversized tropical hard wood from Guiana.
The Chairman of the Southampton Town Trustees (Ed. Warner) called it the best dock he has ever seen.
(The view is shown on the heading of this website).
The Apartment: Since 1966 we also own a Co Op Apartment in Brooklyn, NY.
It is a beautiful two bedroom apartment on the top floor of a seven story building with a great southerly view.
It is located directly on Prospect Park at the entrance to the Lake and close to a Subway Station.
Our properties have a combined market value of two to three million dollars during this recession.
Based on past experiences the value usually doubles after the recession is over.
My Wife lives in our multimillion dollar Southampton Water Front Property and I left her two S Class Mercedes Cars.
Or Son lives in our Brooklyn Co Op Apartment and can spend weekends and the summers on our property in the Hamptons.
And me: I worked very hard all my Life to archive all this and now I live in a Basement Space in a Minority Neighborhood on Staten Island.
What I have always enjoyed so much I cannot have anymore. I have not been to a restaurant in over two years other than being invited a few times.
I miss the Metropolitan Opera, Lincoln Center, Carnegie Hall and so many other things which were part of my life.
Since 1986 I am a member of the New York Rotary Club. Now I can’t pay my dues anymore and can’t go to the meetings.
The same goes for the National Arts Club I can’t pay my dues. As a result my membership was terminated.
This is also is the case with trade associations such as ASPE / ASSE / NFPA and ASHRE where my memberships have expired.
These are all the things that I have enjoyed and I now miss very much.
THE HOUSE THAT HENRY BUILD
|(Click Photo to Enlarge)
A VIEW FROM THE WINDOW
- Due to corporate tax liabilities my wife suggested to me to filed for a divorce and have my name removed from our properties to shield them from foreclosure by Tax Authorities due to Corporate tax Liabilities. I agreed.
She told me that she has spoken to an attorney and my rights to the family assets will not be affected.
I had no idea about NYS. Divorce Laws and fully trusted her.
However, due to the NYS. Divorce Law Requirements she filed for a divorce using lies and fabrications.
- My wife hired a divorce attorney in Suffolk County and paid for it with family assets without consulting with me about the changes of the divorce filing procedure. She also closed our joint bank account and transferred the funds in to her personal account.
- I was deprived of access to family funds.
I had no access to any funds and could not afford proper legal counsel.
- The accusations against me, each and every one are Lies & Fabrications formulated by a Professional Legally trained Fabricator who specializes in this shady field of the law.
- The HONORARY Judge Blydenburg.
- Without questions he agreed to everything my wives attorney asked him for. What specifically stands out is his judgment prohibited me from challenging the forensic accountant report on the business.
This report is the biggest scam I have ever seen in my life.
- He throw out my written replies to the false accusations against me.
- He told me that I am precluded from testifying.
- He decided to issue a summary judgment and that there will be no trial.
- Possible Collusion?
I do understand that people who are actively engaged in the courts and legal system in one jurisdiction such as Suffolk County know each other well and in all probability attend meetings, parties, outings and possibly have a certain relationship that possibly involves:
You scratch my back / I scratch your back. Or possibly worst such as:
Campaign Contributions, Political support within the party for elections or plain payoffs.
How many judges have over the years been indicted, convicted and/or resigned for such activities?
Based on what I have experienced, unless proven otherwise beyond a reasonable doubt I have a strong feeling that something of this nature is involved.
- Alcoholism. In one of the internet postings listed below, one Court Staff Member stated about the HONNORABLE judge Blydenburgh:
“He has a history of personal problems. His family does not even like him.He claims he found God when he stopped drinking etc.”
Look at his reddish face. Does that possibly has anything to do with being an alcoholic?
If so, than why I don’t have a reddish face? After all they have accused of being an alcoholic.
- The GOP of Suffolk County has finally decided that enough is enough und was ready to dump him. In the end he resigned voluntarily to try to save his face.
- As stated before, I was never involved in any legal activity and up to this point I believed in the justice system.
I always wondered how O. J. Simpson got away with double murder.
Now after my personal legal experience I understand.
It is not if it is right or wrong. Money is the deciding factor.
In my case, my wife used family assets to hire a prominent local divorce attorney, who as it appears to me, is in bed (as the saying goes) with the local judge.
My last words as I left the courtroom are real:
”If you call this justice then I don’t know what justice is”.
To this I may add: “What a racket”.
I get nothing. My wife gets everything that I have worked hard for all my life. Our Southampton Waterfront Home and our Co Op Apartment in the City. The market value is around 2.5 million dollars during this recession.
To top it all off $440.00 is being deducted from my monthly Social Security payment which is my only source of income. This leaves me struggling from month to month to make ends meet.
There was no evidence presented to support any of the accusations against me. The entire case was based on fabrications. This is a clear case of money talks and an abnormal judge on the bench.
Nov. 30, 2010: After Judge Blydenburg realized that he would not be re-elected for another 14 year term, he resigned three months before his term was up. (To save his face as they say).
Judge Blydenburg did not get to sign the judgment that my wives attorney had submitted.
The case was first handed over to Judge Robert A. Lifson and then to Judge James F. Quinn.
January / February & March:
I had contacted the Suffolk County Bar Association for referral to an Attorney.
I spoke to several attorneys.
One attorney under the Modest Means Program I called was on vacation and will return on March 1st. I delivered all the requested documents to his office in Commack, NY. He later referred me to another attorney.
E mails and conversations went forth and back and eventually he requested a $5,000.00 retainer.
His hourly charges are $ 320.00 which I could not pay.
Feb. 9, 2011: I received a document from my wives attorney titled:
Findings of Facts and Conclusions of Law. This document lists all the lies and fabrications which were listed in the earlier documents.
Feb. 14, 2011: I received another document from my wives attorney titled:
Notice of Settlement. Which will be presented to this Court on February 11, 2011.
Feb. 14, 2011 When I received the letter, I called the Courts Clerk and was informed that Judge Quinn was on vacation.
Feb. 22,2011: I submitted a letter to Judge Quinn. Defendant’s requests for a postponement of further procedures for the following reasons:
- To be able to obtain legal counsel.
- In order to contest all the false statements and fabrications listed in plaintiffs
“Findings of Facts and Conclusions of Law”
March 21, 2011: I submitted a second letter to Judge Quinn asking for a postponement to obtain Legal Council.
March 31, 2011 I received a Notice of Entry. The Judgment which was signed by judge Quinn on March 15, 2011 was entered.
May 2, 2011 I filed a Notice of Appeal.
RESULTS: When I filed the appeal I was informed that it may takes several months for a notice of a retrial to be issued. I did not receive any notices. Now I searched on the Internet and found out that my appeal was dismissed.
Reason: The appeal is dismissed, without costs or disbursements,as no appeal lies from a judgment entered upon the default of an appealing party (see CPLR 5511).
Since I am not very familiar with the legal system and court procedures I have to investigate why I am declared to be in default. I have to find the answer and re-appeal.
- I have to find out what is the legal meaning of a Settlement if there never was a Settlement.
- I received the Notice of Settlement on 2/14/11 which was submitted to the courton 2/11/11.
- It is one of this attorney’s usual tricks. Throughout this entire divorce case he has send me notices too late for me to respond in a timely fashion or after the fact as in this case. (Perhaps this is just another trick of the trade?).
BLYDENBURGH RESIGNS VOLUNTARILY & 3 Comments:
Photo credit: Don Jacobsen | Photo of Donald Blydenburgh.
Deciphering top LI. judge’s resignation
September 18, 2010 9:01 PM By RICK BRAND firstname.lastname@example.org
When former Presiding Officer Donald Blydenburgh was the second-most powerful elected official in Suffolk County government, he did not suffer fools, county executives or party leaders easily.
And now, State Supreme Court Justice Blydenburgh, who had been looking for the Republican nomination to a second 14-year term, is displaying his old instincts.
In a highly unusual move, Blydenburgh, 58, is resigning three months before his term is up. He’s decided to exit on his own rather than face the prospect of being dumped as a GOP nominee at next week’s Republican judicial convention at the Sheraton Hotel in Smithtown.
“That’s vintage Blydenburgh,” said Paul Sabatino, who was legislative counsel under the Smithtown lawmaker. “He’s . . . a Republican with an independent streak, which separates him from party hacks and cronies.” “Maybe if he actually did his job or showed up for work on time maybe he would get a nomination.
12/7/10 | Daddy5 | Reply:
"Good riddance to this moron who destroyed my family and hurt my children. From what I hear he gets off on destroying good fathers. He has had multiple charges filed against him and Honorable Leis has done nothing to get rid of him."
” 12/7/10 | Daddy5 |
“Let that idiot, Kent, follow you so that he no longer destroys families without a care… “
Donald R. Blydenburgh Ratings (1 out of 5)
Donald-R.-Blydenburgh.html >> Judge Suffolk County Supreme Court
# Ratings: 10
Avg Rating: 1.0
Ratings are based on a best score of 5(range: 1-5)
I hear the same story about him over and over!
Blydenberg; DISHONORABLE DISCHARGE!
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Hon. Donald R. Blydenburgh
Supreme Court Suffolk County Attorney Average Rating: 7.5 – 1 rating(s) Non-Attorney Average Rating: 1.0 – 4 rating(s)
What others have said about Hon. Donald R. Blydenburgh.
APPELLATE COURT OVERTURNS DECISION
Appellate court overturns decision to send Suffolk County dad to jail for not paying child support
September 12th, 2009 7:57 am ET
The Supreme Court of the State of New York Appellate Division: Second Judicial Department overturned part of a decision Tuesday by Suffolk County Supreme Court Judge Donald R. Blydenburgh which would have sent a father to jail for 180 days for failure to pay child support.
Without the appellate court’s decision, Melvin W. J. would have had to pay the sum of $15,854 in arrears immediately to avoid incarceration in the Suffolk County Correctional Facility.
Blydenburgh had found Melvin W J. in contempt for failing to make payments pursuant to a pendente lite order. However, before finding a defendant in contempt and ordering him to jail, an attempt must first be made to enforce payment through garnishing the defendant’s wages or sequestering his property. Or the plaintiff must show that enforcement of these remedies would be ineffectual.
The appellate court ruled that the plaintiff, Maryann J., failed to show that “she had attempted to sequester the defendant’s property or garnish his wages.” She also failed to show that other enforcement methods would be ineffectual. Therefore the appellate court ruled that “the Supreme Court erred in punishing the defendant for contempt.”
Showing 3 comments:
- Anonymous 1 year ago
Great News. That Blydenburgh is a real piece of garbage! He hurts families and kids all the time with his crap. He is of no use being on the bench. reply
- Anonymous 1 year ago
It hurts children financially and emotionally to put a father in jail before using other means to collect child support. Then, when the father loses that job because he is in jail, the children will suffer even more. Blydenburgh is obviously not interested in doing what is best for children. Blydenburgh should be removed from all cases involving children. reply
- Dan Weaver 6 months ago: How is sending a parent to jail going to help him or her pay the back child support?
As the saying goes: It ain’t over until it’s over.
This (so called) Judgment will be appealed. Stay tuned.
I shall file a second appeal.
Again I have no legal counsel and have to figure out how to go about it.
It’s not an easy undertaking for a person who does not speak legalese.
I am also very interested to hear from anyone who had any encounters with
the HONORABLE Judge Blydenburgh
Stay tuned for Updates
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