RICO

Saturday, August 19, 2006
Affidavit2

Exhibit is respondent's ANSWER & AFFIDAVIT and/or AMENDED ANSWER

&AFFIDAVIT included in court record and duly and properly served upon plaintiff's

counsel. Additionally for MOTION TO RECUSE, respondent is informed and

believes, and upon such information and belief, alleges that plaintiff's counsel

knew and/or should have known and/or had prior knowledge and affirmatively and

unlawfully assisted Crimes, Unlawful Conspiracies, Coverups and Corruption of

various Government Officials in an ongoing manor. As "House Counsel" for

petitioner (RICO) for ten years, petitioner's counsel engaged in Obstruction of

Justice allowing/encouraging/assisting/supporting petitioner in avoiding/quashing

lawful investigations, performing conspiracies and coverups, money laundering,

tax evasion,and violating tenants and others Civil, Constitutional, and other rights

and protections under Law, Precedent, Regulations, Rules and or Charter, Federal

State and City. For precedent see barring of Bruce Cutler as "House Counsel" for

Gambino Crime Family in 1991 case United States v John Gotti.

WHEREFORE, respondent prays for the granting of an Order from the Court

dismissing petitioner's Petition in its entirety, with prejudice, and for all such and

further relief that this Court may deem just and appropriate.

posted by Fin MacCool @ 12:28 PM   0 comments links to this post  
Affidavit

1. As to first MOTION TO DISMISS petitioner's Predicate Notice & Notice of

Petition & Petition were not signed or endorsed by "Landlord" or "Landlords

Counsel" but by a former employee.

2. As to second MOTION TO DISMISS petitioner was required to make as a

party DHPD as required in 'section 8' lease rider and law and agreement between

petitioner and DHPD and Federal Department of Housing and Urban

Development, as to which respondent will require a copy of all records/documents/

emails/memorandums for discovery.

3. Respondent requests and demands that as additional affirmative defenses

that petitioner engaged in systematic discrimination and harassment for reasons of

disability, respondent suffers from Photophobia and Myopia, and age, respondent

is over 40 years old in violation of various Federal, State and City Laws, regulations

and rules and/or Charter. Also that First CounterClaim be adjusted to $10,000,000

4. In the Interest of Justice and Due Process, respondent, acting pro se, requests

and demands in MOTION TO COMPEL sufficiently prior to trial petitioner's witness

list in order to prepare adequate defense.

WHEREFORE, respondent prays for the granting of an Order from the Court

dismissing petitioner's Motion in its entirety, and for all such and further relief that

this Court may deem just and appropriate.

posted by Fin MacCool @ 12:21 PM   0 comments links to this post  
Omnibus Motion 2

PLEASE TAKE NOTICE, that upon the annexed Affidavit of Respondent,

sworn to on the 6th day of July, 2006, and upon all exhibits & papers annexed hereto, the

undersigned (respondent) will move this Court at a Motion term held before Part A, Room 523 at the

New York County (Civil) Courthouse located at 111 Centre Street, on the 13th day of July, 2006 at

9:30 A.M., or as soon thereafter as practicable, for an order:

1. Granting respondent's MOTION TO DISMISS petitioner's case for defective Predicate Notice &

Notice of Petition & Petition.

2. Granting respondent's MOTION TO DISMISS instant case for failure to include NYC Department

of Housing, Preservation & Development as a party as required.

3. Granting MOTION TO ADD AFFIRMATIVE DEFENSE to respondent's ANSWER & AFFIDAVIT.

4. Granting respondent's MOTION TO COMPEL sufficiently prior to trial, petitioner's witness list.

in attached AFFIDAVIT as well as respondent's ANSWER & AFFIDAVIT and/or AMENDED

ANSWER & AFFIDAVIT.

and all such and further relief that this court may deem just and proper.

posted by Fin MacCool @ 12:19 PM   0 comments links to this post  
Background

Thank you for your interest and investigation of this crime. Our apologies for the delay contacting other parties. The Kenmore Tenants Association (145 east 23rd street ny ny 10010) asks for your help in solving this Felony Forced Entry/ Attempted Murder and Coverup. We are given to understand that these crimes and others (Medicaid Fraud etc.) commited by HSI/Kenmore Associates are Predicate Felonies under federal RICO statutes. Ms. Baghtedjian was severely injured by Kenmore Hall employees attempting an illegal home invasion of Ms. Baghtedjian's lawful home (Apt. 5F) . She was removed by ambulance that day (July 12, 2004) and is now, we are told, in a nursing home in the Bronx, possibly still in a coma. She is apparently visited by a Niece (her legal guardian?). We are unable to obtain the exact Nursing Home (there are 33) in the Bronx were she is being kept/hidden because of the coverup. Obviously Kenmore Hall management does not want to be sued/arrested/prosecuted for their crimes/torts. Kenmore Tenants Association/Tenants Council was given a digital video (identical) copy from a tenant advocate taken by a tenant. This tape was taken minutes befor the crime occured and shows some of the people involved, including the putative Landlord/General Partner of Kenmore Associates, LIlian Mateo, and Linda McAndrews. This shows their attempted illegal entry of another apartment on the 4th floor, their refusal/failure to show grounds under the law or the lease as well as their propensity to misinform and attempt to corrupt the hard working and honorable employees of the NYPD. link http://video.google.com/videosearch?q=kenmore+hall&btnG=Search+Video
We had this video professionally compressed and formated for the web but the original is still higher quality. The first three minutes of video is poor but the last minute shows the players and the audio is fine throughout. If you need a professional transcript, one can be arranged. There is a hall camera pointed at the former apartment of Ms. Baghtedjian (5F) controled and erased by managment as part of the coverup. This Racketter Influenced Corrupt Organization is connected to and corrupts politicians and Civil Servants and since the Manhattan DA investigates (and convicts) Bronx Politicians for Quid Pro Quo Consideration vis-a-vis Non Governmental Organizations perhaps Mr. Johnson would like to return the favor. The tenant advocate shown in the video may have specific information including the exact employees who forced entry and almost killed this elderly woman and the first hospital she was taken to, His name is Salvador Martinez and is in apartment 20 B but he has no email and problems with his phone. If you have more specific requests the KTA will be at your service and are preparing a FOIL request as we speak on this and other matters. If you could inform us or our attorney about Ms. Baghtedjian's exact location or if she is still in a coma, contact information for her Niece or best of all, her attorney we could disclose this video and other information for any Civil case they may care to pursue. If the video link failed you can go to video.google.com and search for "kenmore hall". Ms. Baghtedjian was treated in this manner because she made a complaint against the management at HPD (still on file) and would not go along with their Medicaid scams, and for this she was almost killed in her own home and evicted from her rent stabilised apartment in a prime neighborhood which she couldn't get back at twice the price and lost her rent subsidy. Finally if you could get permission from Ms.Baghtedjian, her Niece/Guardian and/or her attorney we would like to go to the Media on this. Thank You and please email for any help you think we can give. Our attorney on this is Ryan Napoli of MFY 212-417-3700

posted by Fin MacCool @ 12:18 PM   0 comments links to this post  
Motion2

PLEASE TAKE NOTICE, that Respondent, sworn to on the 6th day of July

2006, and upon all exhibits & papers annexed hereto, the undersigned (respondent) will move this

Court at a Motion term held before Part A, Room 523 at the New York County (Civil) Courthouse

located at 111 Centre Street, on the 13th day of July, 2006 at 9:30 A.M., or as soon thereafter as

practicable, for an order:

5. Granting MOTION TO COMPEL petitioner's REPLY to respondent's ANSWER & AFFIDAVIT or

AMENDED ANSWER & AFFIDAVIT or or to stipulate to said facts for joint MOTION FOR SUMMARY

JUDGMENT.

6. Adding tenth Affirmative Defense re: violations of USA PATRIOT Act and 18 U.S.C. § 2331 domestic terrorism means activities that (A) involve acts dangerous to human life that are a violation of the criminal laws of the U.S. or of any state, that (B) appear to be intended (i) to intimidate or coerce a civilian population, (ii) to influence the policy of a government by intimidation or coercion, or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping, and (C) occur primarily within the territorial jurisdiction of the U.S.

and New York State Anti-Terrorism Laws.
cplr 2214(b) Time for service of notice and affidavits. A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard. Answering affidavits shall be served at least two days before such time. Answering affidavits shall be served at least seven days before such time if a notice of motion served at least twelve days before such time so demands; whereupon any reply affidavits shall be served at least one day before such time.

and all such and further relief that this court may deem just and proper.

posted by Fin MacCool @ 12:17 PM   0 comments links to this post  
Motion

PLEASE TAKE NOTICE, that upon the annexed Affidavit of Respondent,

sworn to on the 10th day of August, 2006, and upon all exhibits & papers annexed hereto, the

undersigned (respondent) will move this Court at a Motion term held before Part A, at the

New York County (Civil) Courthouse located at 111 Centre Street, on the 21st day of August, 2006 at

9:30 A.M., or as soon thereafter as practicable, for an order:

1. DISMISSING PETITION for WILLFUL DISOBEDIENCE & ATTORNEY MALFEASANCE &

MISCONDUCT & PERJURY.

2. ADDING ELEVENTH AFFIRMATIVE DEFENSE : As PREDICATE FELONIES (RICO) petitioners

ongoing violations of § 411 & § 412 Illegal Immigration Reform and Control Act and § 274

Immigration and Nationality Act, Executive Order #12989, 61 Fed. Reg. 6091 (Feb. 15, 1996), 8

U.S.C. § 1324, Federal Acquisition Regulation 9.406-2, 46 U.S.C. § 8704, etc.; and injunctive relief.

and all such and further relief that this court may deem just and proper.

posted by Fin MacCool @ 12:15 PM   0 comments links to this post  
Omnibus Motion 1(a)

PLEASE TAKE NOTICE, that Brian Burke, Respondent, the undersigned (respondent) will

move this Court at a Motion term held before Part O at the New York County (Civil)

Courthouse located at 111 Centre Street, on the 29th day of June, 2006 at 9:30 A.M., or as soon

thereafter as practicable, for an order:

1. Granting Jury Trial for pending MOTION TO DISMISS WITH PREJUDICE for improper jurisdiction.

2. Granting Jury Trial for pending MOTION TO DISMISS WITH PREJUDICE for improper standing.

CPLR §2218. Trial of issue raised on motion. The court may order that an issue of fact raised on a motion shall be separately tried by the court or a referee. If the issue is triable of right by jury, the court shall give the parties an opportunity to demand a jury trial of such issue. Failure to make such demand within the time limited by the court, or, if no such time is limited, before trial begins, shall be deemed a waiver of the right to trial by jury. An order under this rule shall specify the issue to be tried.

and all such and further relief that this court may deem just and proper.

posted by Fin MacCool @ 12:14 PM   0 comments links to this post  
Omnibus Motion 1

PLEASE TAKE NOTICE, that upon the annexed Affidavit of Respondent,

sworn to on the 23rd day of June, 2006, and upon all exhibits & papers annexed hereto, the

undersigned (respondent) will move this Court at a Motion term held before Part O, at the

New York County (Civil) Courthouse located at 111 Centre Street, on the 29th day of June, 2006 at

9:30 A.M., or as soon thereafter as practicable, for an order:

1. Granting SPECIAL APPEARANCE status for jurisdictional argument.

2. MOTION TO DISMISS WITH PREJUDICE for improper jurisdiction.

3. MOTION TO DISMISS WITH PREJUDICE for improper standing.

4. MOTION FOR CHANGE OF VENUE to United States District Court if previous motion(s) is/are not granted.

5. MOTION TO RECUSE OR DISQUALIFY OR BARR plaintiff's counsel for reasons of conflict of

interest and/or appearance of conflict of interest (see Bruce Cutler (United States v Gotti)).

6. MOTION TO ALLOW DISCOVERY, if not moot, to allow proper defense (see Smilow v Ulrich).

7. MOTION TO APPOINT INDEPENDENT SPECIAL PROSECUTOR to investigate crimes alleged

in attached AFFIDAVIT as well as respondent's ANSWER & AFFIDAVIT and/or