A response was filed yesterday with the Westchester County Clerk to the lawsuit filed by James Vincent Bonanno and Vincent James Bonanno alleging that they were defamed, primarily by my reporting on two incidents: the "Bob Cox Sleeps with the Fishes" boat incident and the Orange County home renovation article. For good measure, counterclaims were filed against them.
You can read their complaint here.
You can read the reply I filed here.
These two have tried this sort of thing before:
I am going to go out on a limb here and predict they will have as much success in the New York State Supreme Court as they had with the New Rochelle Police Department and the Westchester County District Attorney.
I have to admit this has been fun so far. I can't wait to start filing my discovery motions and getting their bosses under oath in depositions! I am going to especially enjoy deposing Schools Superintendent Richard Organisciak, his cabinet and school board members.
If the Bonannos want to dump a lot of money into a losing cause that's fine by me. My goal is to counter that by spending as little money as possible. I am "pro se" in this case, meaning I am representing myself. I fully intend to report out the entire process, step by step, and get a lot of great material out of this for the web site.
I will, however, need to raise some money to pay for things like depositions so expect I will have a legal defense fund in place once things get rolling this fall.Read more
On my legal blog (www.JamesMaisanoEsq.wordpress.com) and my firm’s Facebook page (www.facebook.com/JamesMaisanoEsq), I have been focusing on a few important U.S. Supreme Court decisions that were being closely watched by the legal and political worlds. Over the past week, the Supreme Court has released three of these decisions:
Arizona v. U.S.
The Court confirmed that “the Government of the United States has broad, undoubted power over the subject of immigration and the regulation of aliens . . . the federal power to determine immigration policy is well settled.” However, the Court did open the door for states to assist the federal government in the enforcement of immigration laws.
A unanimous Court (8-0 with Justice Kagan not taking part) upheld Section 2(B) of the Arizona law requiring police officers to check the immigration status of anyone arrested or detained and allowing them to stop and arrest a person if the officers have “reasonable suspicion” that the person is an illegal immigrant (known as “show me your papers”). The Court stated there was no showing that this section conflicted with federal immigration law.Read more
I read an article last night on the Reason Magazine website and thought it presented an interesting perspective to ponder as we await the upcoming Supreme Court decision on Obamacare. Here is the article:
Briefly, I believe the individual mandate section should be deemed unconstitutional in violation of the Commerce Clause of the Constitution. I also believe that a federal law forcing people to enter into a contract without consent raises a very troubling and dangerous legal precedent.Read more
New Rochelle High School librarian Marisa Anton, 34, made a brief court appearance at the New Rochelle City Court today. Anton of 34 Winchester Avenue in Yonkers, NY was charged by the New Rochelle police department with a Class D Felony, Disseminating Indecent Material to Minors in the First Degree.
Appearing before New Rochelle City Judge Gail Rice, Anton's lawyer, Michele Marianna Bonsignore, and Assistant District Attorney Christopher Daniele agreed to a court date of September 10, 2012.
There was a brief mention of an "SCI" or Supreme Court Information
"SCI is a type of charging document, similar to an indictment," said attorney Cynthia Lobo, a lawyer based in New Rochelle. "It is typically used in a felony case where the defendant intends to plead guilty in a plea bargained matter."
Standing before Judge Rice, Anton was quiet and did not display any emotions during the 5 minute court appearance. She was dressed in a white, floral pattern dress with a white sweater draped over her shoulders. She was accompanied by her parents.Read more
A common phone call to my law office is: “My mother/father passed away, and I’m the executor in the will, what do I have to do?”
As the designated executor in a will, you will need to file a petition, along with supporting documents, in the Surrogate Court in the county where the deceased resided. (This post only addresses NYS law). The petition will seek a decree granting probate and letters testamentary – official court documents legally appointing you as executor, so that you can conduct financial and other transactions on the estate’s behalf. When filing the petition, you are agreeing to act responsibly in a fiduciary capacity in the best interests of the estate and to fully follow the deceased’s wishes in the will.
I recommend retaining an attorney at the outset to represent the estate and guide you through the probate process. You will need to assemble documents, including an original death certificate; the original will (and codicils, if they exist); original trust documents (if they exist); addresses for executors and beneficiaries in the will; and an itemization of assets such as personal property and real property (home, coop or condo) in the deceased’s estate.Read more
NEW YORK, NY -- Preet Bharara, the United States Attorney for the Southern District of New York, announced that New York State Senator CARL KRUGER was sentenced today to seven years in prison for engaging in bribery schemes in which he accepted hundreds of thousands of dollars in bribes in exchange for taking official actions. As part of the schemes, the corrupt payments intended for KRUGER were directed to bank accounts controlled by MICHAEL TURANO, a Manhattan-based gynecologist, who was sentenced today to two years in prison for his role in the schemes. KRUGER and TURANO were sentenced by U.S. District Judge Jed S. Rakoff.Read more
Over the next month, we should be able to review several key decisions of the U.S. Supreme Court. The Supreme Court usually finishes releasing their decisions for the previous term in June. Here are the six cases we will be reading about soon. For each case, you can find the date argued, a link to entire docket (thanks to the ABA website) and the question(s) presented to the court:
1. Arizona v. United States – Argued April 25, 2012
Arizona enacted the Support Our Law Enforcement and Safe Neighborhoods Act (S.B. 1070) to address the illegal immigration crisis in the State. The four provisions of S.B. 1070 enjoined by the courts below authorize and direct state law enforcement officers to cooperate and communicate with federal officials regarding the enforcement of federal immigration law and impose penalties under state law for non-compliance with federal immigration requirements.
The question presented is whether the federal immigration laws preclude Arizona’s efforts at cooperative law enforcement and impliedly preempt these four provisions of S.B. 1070 on their face.Read more
The New Rochelle Reform Club will host a special forum Wednesday May 22nd featuring former Yonkers City Councilman John Murtagh who will speak and answer questions about his years of experience with Forest City/Ratner, the developer of the proposed Echo Bay Project in New Rochelle, NY.
This is a "can't miss" event for New Rochelle residents concerns about the appalling track record for the Cleveland-based developer whose projects have frequently been the subject of state and federal corruption indictments.
Murtagh will share his unique insights into the business practices of Forest City/Ratner and the implications for New Rochelle in the wake of the City Council's recent 7-0 vote to move forward with an MOU extension for Forest City/Ratner's proposed Echo Bay Development in New Rochelle.
Murtagh opposed the Ridge High project and testified in the public corruption trial of Sandy Annabi and Zehy Jereis where the pair were convicted of bribery and corruption charges.
At the time, Murtagh said that Forest City Ratner has “little or no regard for public opinion", adding “Their entire business model is to exploit every tax loophole and taxpayer-funded subsidy that they can. Promise the world and deliver far less, and do it all by manipulation.”Read more