…up the ladder does it go? In New York State the State Reporter is the one responsible for publishing court decisions that appear online, on websites such as westlaw, or justia.com. Appellant decisions from the appellant courts are mandated to be published pursuant to Judiciary Law 431. In western New York that would be the 4th department in Rochester (as well as the Court of Appeals). However, when it comes to county, supreme, town and village courts, known as trial courts, Judiciary Law 431 states that “any cause determined in any other court which the state reporter, with the approval of the court of appeals, considers worthy of being reported because of its usefulness as a precedent or its importance as a matter of public interest.”, or “unless otherwise directed by the court deciding the cause”…guess which lower court case was published?…
Once a case is decided, such as the Kochan v Prumbs case, the victim, Mr. Kochan, had 30 days to file a Motion to Reargue and/or Renew, or Appeal. Once you review the crimes commit against the victim you will see that the courts of New York did not provide him “plain, adequate and complete remedy” at law. In fact in the latest matter the Cattaraugus County Supreme Court appears to have moved to cover up the crimes of one of the attorneys who represents a defendant.
The crimes and corruption exposed in this case will be broken down into separate articles to promote ease of understanding because of the confusion corruption breeds, especially with complicate cases like this one. They will be released separately over time. All told, this single victim was up against 18 attorneys and/or their legal assistants, one firm representing a multi-billion dollar company, and 5 court public servants, for a total of 23 “veterans” of the “justice” system.
The outcome of the Motion to Reargue and/or Renew can change the order of court. However, in the victims case the order appeared online BEFORE the 30 days had expired. Now how did that occur? Was it the Chief Court Clerk Verna Dry who has a history of altering and/or “disappearing” court documents, or could it be one of her minions?, which can bring a long prison sentence. Was it the judge, or someone at the New York State Court of Appeals? The criminals altering public record videos, such as body cams and public building surveillance requested via FOIL are looking at some serious time.
Here are the articles to show you just how corrupt the Cattaraugus County Supreme Court is, and a brief description of each one. It will help you understand just how corrupt the court is and what to watch out for if you ever become a victim. The Articles are on a time delayed release.
- The Cattaraugus County Supreme Court refused to reference any wording in context in the Kochan v Prumbs matter as an example of the accusation it alleged were incorrect, proving the Courts accusations were baseless. The court refused to prove its accusation by providing evidence of its allegations. In other words it had no evidence, therefore the court lied.
- Court Claims there is no nepotism issues in Cattaraugus County. Pot, Kettle…Black… the Cattaraugus County Supreme Court cares nothing about the conclusive facts. During the first hearing in the medical malpractice matter the victim informed the court that if it went to jury trial he would want the matter moved to another location because of how Court Clerk Verna Dry stacks the juries in this county with public taxpayer funded employees, their friends or family members to ensure illegal convictions. We have found four cases where this has occurred so far in this county. The issue came to light when Chief Court Clerk Verna Dry stacked the jury in another case which involved the victim. No more than 24 hours after the hearing in the medical malpractice matter, a family member of the corrupt Assistant District Attorney Elizabeth Ensell-LaFleur, one Mellissa Ensell, would post on a local facebook page an order concerning the medical records of the victim that Sally Broad had illegally acquired. One has to wonder if a Ensell relative worked at, or does work at the hospital. If you are not aware, Assistant District Attorney Elizabeth Ensell is the same individual who ran over a woman in a clearly marked crosswalk in Olean New York, hospitalizing her and the Olean Police Department covered it up. The victim had quit that specific facebook group about a year earlier. The victim posted nothing online for close to a year concerning the group or its members, yet one day after the hearing a family member posts the illegally acquired medical records of the victim, and the court claims there is no connection? The group is run by a four time loser who was called out for his ethical issues when some very revealing photographs surfaced when he was running for a local office, which he lost. This group is the center of gang stalking of targeted individuals locally in an attempt to force their victims into silence and/or ruin their creditably and/or lives in general. It has numerous fake accounts that almost always are discovered to be public servants, friends or family members, which lead the attacks. It targets individuals who think independently and are not afraid to call out corrupt local public officials when they see it. It is constantly changing its name. It was this act that caused the victim to write a detailed letter to the court for the change of venue and provided the conclusive evidence for the change of venue, which the court had already asked for similar information at the hearing when the victim discussed the change of venue issue with the court.
- Interpretation of the June 6, 2019 Transcript in the Kochan v Prumbs matter. Discover how the Cattaraugus County Supreme Court used ‘its’ interpretation of a hearing transcript to cover up Attorney Sally Broad’s conduct when she violated the victim’s HIPAA rights not once, but a least twice., and it looks like another firm is involved to. Yes, your medical records will be illegally handed over without your permission, or a court order, and their attorneys will use it against you.
- Victim no longer allowed to file lawsuits. The victim had only filed one lawsuit in New York State in his life, yet the Cattaraugus County Supreme Court would file an order stating that the victim is no longer allowed to exercise his unencumbered free will right to file anymore lawsuits in the state of New York in violation of U.S. Constitution 1st, 5th and 14th Amendments and the New York State Constitution Article I, Section 9. The cases the court would use to justify this violation were of individuals who filed numerous civil lawsuits, in some cases ,100 or more, and some of these individuals would sue the same person numerous times for essentially the same event. What are they so afraid of? Who covering up what? Could it be the violation of a patients HIPAA rights multiple times by the same Attorney?
- Cattaraugus County Supreme Court holds Victim, who is representing himself, to a higher standard than Attorneys. One of the most bizarre claims made by the Cattaraugus County Supreme Court is the use of “failure to state a claim” defense. It is one of the most abused defenses used against self-represented litigants that corrupt courts use to illegally deny a victim their right to relief. It is a defense in which defendants claim that a plaintiff failed to properly “word” their complaints, e. to allege facts sufficient to state a “claim”. In the Kochan v Prumbs matter the victim actually provided examples of the numerous medical malpractice lawsuits filed against Olean General Hospital that were successful. He then worded his complaint substantially similar (Matter of McCue, 252 A.D.2d 343 (N.Y. App. Div. 1999)) to the successful ones and used a side by side comparisons (see image in this section) in his motions and affidavits to prove he stated a claim. The victim also provided conclusive evidence in the form of pictures and videos created by public servants (see image at the bottom of this article (other, more detailed one are also available), and the certified medical records to prove the defendants Dr. Louis G Prumbs MD and the nurse covered up the victims injuries. It looks like the Cattaraugus County Supreme Court considers conclusive evidence in the form of pictures, videos and certified medical records “speculative” Bell Atl. Corp. v. Twombly 550 U.S. at 555, 127 S. Ct. 1955.
- The Court would adopt Attorney Sally Broad’s Allegation that the victim was ‘veteran’ of the court system. The victim had only filed one lawsuit in the New York “Judicial” system in his entire life, yet Broad and the court would claim he is a ‘veteran’? However he did have to take over another lawsuit that his former attorney had filed and failed to provide proper representation. The victim did have to file two Article 78 special proceedings in an attempt to stop the illegal conduct of “District Attorney” Lori Reiman so her conduct in the victims matter would not become a liability upon the taxpayers of Cattaraugus County. They had to be filed in the same Cattaraugus County Supreme Court. Care to guess how those ended up? The victim is not the only one concerned about Riemans illegal conduct. The Buffalo News is to. It involved the Metcalf case and it exposed just how corrupt Rieman is. The court would cite as its foundation to adopt Broad’s allegation an individual who had filed over 100+ civil lawsuits in the state of New York spanning over three decades, and the judge used this against an individual who had only filed one and had named the defendants only once?
- The Mysterious Medical Condition that was used to claim the victim was incapable of refusing to sign the responsibility form. This article concerns the Defendant Nurse who alleged that the victim was incapable of refusing to sign a form. Sounds convoluted doesn’t it? It gets better…. at the same time the defendant would provide evidence that the exact opposite was occurring. There is more…
- The Court would claim that the Victim’s lawsuit was frivolous and harassing, and Sally Broad demanded that sanctions should be imposed. So when you supply both the opposing parties and the court with conclusive evidence, including videos, photographs and certified medical records that prove beyond any reasonable doubt the Doctor (who has medical malpractice lawsuits spanning decades) refused to document the victims head injuries in any way and in fact attempted to cover them up, and you provide the court and opposing parties side by side examples of the lawsuit as compared to other successful lawsuits against Olean General Hospital, which shows that the victim did in fact prove his cause, and the lawyer for the defendants violates your HIPAA rights….and the court alleges that your lawsuit is frivolous? You can download the “64 page letter”. Actually its only 19 pages, the rest are exhibits (most are public records) the court referenced in this article.
While the images below clearly show the injury and the resulting cover-up, which included the fraudulent claim that the victim had walked in, video evidence exists, which the court as well as the defendants have in their possession, where you can hear on scene medical personal describing the victims head injury to the emergency room staff. Other more detailed photographs exist of the blood that had streamed out of the victims ear which they are also in possession of.