Preview
FILED: RICHMOND COUNTY CLERK 12/22/2021 06:03 PM INDEX NO. 150281/2013
NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 12/22/2021
Supreme Court of State of New York
County of Richmond
PATRICK F. BISOGNO, Index No.: 150281/2013
Plaintiff,
-against-
JOHN LIBERTELLA and GIOVANNI NOTICE OF MOTION
LIBERTELLA,
Defendants.
NOTICE OF MOTION
ADDRESSED TO:
PLEASE TAKE NOTICE That on January 18th, 2022 , at 9:00 a.m., or as soon
thereafter as counsel may be heard, the undersigned shall move before
Supreme Court of the State of New York County of Richmond, located at 26
Central Avenue Staten island New York, 10301, for an order to recuse/disqualify
cause'
Judge Green for 'good (conflict of interest).
PLEASE TAKE FURTHER NOTICE that the undersigned relies on the
Certification and companion exhibits on submission herein, as filed in support of
1/8
1 of 8
FILED: RICHMOND COUNTY CLERK 12/22/2021 06:03 PM INDEX NO. 150281/2013
NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 12/22/2021
instant Notice of Motion.
PLEASE TAKE FURTHER NOTICE that Defendant waives oral
argument and win rely on submissions, except as otherwise directed by the
Court.
Respectfully submitted,
Vohn Libertella,
se'
Defendant pro
2/8
2 of 8
FILED: RICHMOND COUNTY CLERK 12/22/2021 06:03 PM INDEX NO. 150281/2013
NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 12/22/2021
Supreme Court of State of New York
County of Richmond
PATRICK53ISOGNO, Index No.: 150281/2013
Plaintiff,
-against-
JOHN LIBERTELLA and GIOVANNI CERTIFICATION
LIBERTELLA,
Defendants.
DEFENDANT'S CERTIFICATION TO RECUSE/DISQUALIFY JUDGE
CAUSE'
GREEN BASED ON 'GOOD (CONFLICT OF INTEREST
se'
Now comes John Libertella, the defendant pro in the above entitled
matter and who hereby Respectfully moves this Honorable Court to
recuse/disqualify the Honorable Judge Green for the appearance of a conflict of
impartial'
interest which may prevent him from being 'fair and an indispensable
duty of any presiding judge.
PRELIMINARY STATEMENT
Sadly, the instant case remains before the court despite the repeated
3/8
3 of 8
FILED: RICHMOND COUNTY CLERK 12/22/2021 06:03 PM INDEX NO. 150281/2013
NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 12/22/2021
concerns as expressed prior motions to recuse, transfer
including disqualify, venue,
all arising from plaintiff Patrick Bisogno's position as an who practices
attorney
before the court on a regular basis and has developed an incurable conflict of
interest with many of the Judges as not his prior colleagues but
only working
moreover friends, preventing them from serving and over the
fairly impartially
civil matter before them as filed Patrick Bisogno who is counter sued the
by by
undersigned.
impartial'
Itis beyond all doubt that citizen is entitled to a 'fair and
every
trial including civil cases an appearance which seems impossible in the instant civil
case, which was commenced by the plaintiff through an abuse of process as a
practicing attorney before the comt and continued by him throughout the long
delayed process which makes due process seem like a dream, false sense of
security, and an empty gesture.
Albeit! Here comes yet another motion to recuse/disqualify the court based
upon an undeniable conflict not just the appearance of one which cannot go
ignored and demands recusal/disqualification to preserve whatever appearance is
impartial'
leil that there will be a 'fair and trial, which should have been
transferred long ago to a new venue as previously requested.
That based upon the inherent conflict of interest Judge Desmond A. Green
impartial'
suffers from, a 'fair and trial simply cannot be had before his court and
he must recuse himself or be disqualified.
4/8
4 of 8
FILED: RICHMOND COUNTY CLERK 12/22/2021 06:03 PM INDEX NO. 150281/2013
NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 12/22/2021
INCONTROVERTIBLE FACTS IN SUPPORT OF
RECUSAL/DISQUALIFICATION OF JUDGE GREEN
FOR INHERENT CONFLICT OF INTEREST
1. First, that Judge,Desmond A. Green has inherent conflict of interest
where plaintiff attorney John P. Connors, Esq., disclosed that he
represented the son of Judge Green as counsel in an unrelated matter.
2. Second, that on or about November 5th, 2018, Judge Barbara Panepinto,
transferred defendant motion for sanctions against plaintiff and itwas assigned to
Judge Desmond A. Green, who since that time has taken no action in deciding
plaintiff motion which remains pending as of this writing.
3. Third, that based upon information and belief Judge Desmond A. Green
has a personal friendship with plaintiff attorney John P. Connors, Esq., and
plaintiff as captured in photo on submission, and which has remained concealed
from the defendant.
4. That prior settlement conference after plaintiff attorney John P.
during
Connors, Esq., disclosed that he represented the son of Judge Desmond A. Green,
Mr. Connors stated that Judge Desmond A. Green needed to recuse himself, yet to
date no action Judge Desmond A. Green has been taken to recuse
voluntary by
himself due to an incontrovertible conflict of interest.
5/8
5 of 8
FILED: RICHMOND COUNTY CLERK 12/22/2021 06:03 PM INDEX NO. 150281/2013
NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 12/22/2021
Yes! Even the appearance, (emphasis added) of bias or prejudice matter!
"In the United States Judges are required to recuse themselves-that is
remove themselves from in a case - not when are
participating only they bias,
but even when they may appear bias to a neutral observer. This nominally strict,
appearance-based on recusal standard is intended to ensure the judge's
impartiality in disputes, to protect the judiciary's reputation, and instill
resolving
public con fidence in the fairness o f the courts. It has long been assumed that so
long as the judge makes the correct recusal decision, the appearance o f
protected."
impartiality is restored and the reputation o f the judiciary is
Dmitry Bam, Associate Professor, University of Maine School of Law; JD
Stanford Law School. Published October 15th, 2011
CONCLUSION
5. That based upon the incontrovertible facts challenging the "fairness and
impartiality"
of Judge Desmond A. Green, recusal is demanded in the interest of
justice.
6. That in light of the several recusals various judges of the Court it is
by
not to late for this Honorable Court to redeem itself and transfer venue as
requested defendant to a different jurisdiction in the interest of
previously by
justice.
7. That the personal friendships that with of the plaintiff
(including judges)
as a before the have served to impeach the
practicing attorney court, irrefutably
of the and not is recusal necessary, but moreover the
integrity court, only
incontrovertible evidence a transfer of venue is equally necessary to
supporting
6/8
6 of 8
FILED: RICHMOND COUNTY CLERK 12/22/2021 06:03 PM INDEX NO. 150281/2013
NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 12/22/2021
impartial'
ensure defendant a 'fair and trial before a court which can be 'fair and
impartial'
as justice demands.
Respectfully submitted,
J Libertella,
se'
Defendant pro
Decemberd2021
7/8
7 of 8
FILED: RICHMOND COUNTY CLERK 12/22/2021 06:03 PM INDEX NO. 150281/2013
NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 12/22/2021
CERTIFICATION OF SERVICE
That I John Libertella, do hereby certify that I have caused plaintiff counsel
to be delivered a true copy of within legal papers together with exhibits with
deposit in the U.S. Post Office Tracked mail on December 22"d, 2021addressed as
follows below:
The Law Firm of Connors & Connors PC
766 Castleton Avenue
Staten Island New York
Plaintiff Attorney
Copy to:
Gladstein Keane & Parterners PLLC
26 Broadway
New York.New York 10004
Attorney for Giovanni Libertella
co-Defendant
ohn Libertella
se'
Defendant pro
693 Hillcrest Place
Valley Stream New York 11581
December 21", 2021
8/8
8 of 8
Preview
FILED: RICHMOND COUNTY CLERK 12/22/2021 06:03 PM INDEX NO. 150281/2013 NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 12/22/2021 Supreme Court of State of New York County of Richmond PATRICK F. BISOGNO, Index No.: 150281/2013 Plaintiff, -against- JOHN LIBERTELLA and GIOVANNI NOTICE OF MOTION LIBERTELLA, Defendants. NOTICE OF MOTION ADDRESSED TO: PLEASE TAKE NOTICE That on January 18th, 2022 , at 9:00 a.m., or as soon thereafter as counsel may be heard, the undersigned shall move before Supreme Court of the State of New York County of Richmond, located at 26 Central Avenue Staten island New York, 10301, for an order to recuse/disqualify cause' Judge Green for 'good (conflict of interest). PLEASE TAKE FURTHER NOTICE that the undersigned relies on the Certification and companion exhibits on submission herein, as filed in support of 1/8 1 of 8 FILED: RICHMOND COUNTY CLERK 12/22/2021 06:03 PM INDEX NO. 150281/2013 NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 12/22/2021 instant Notice of Motion. PLEASE TAKE FURTHER NOTICE that Defendant waives oral argument and win rely on submissions, except as otherwise directed by the Court. Respectfully submitted, Vohn Libertella, se' Defendant pro 2/8 2 of 8 FILED: RICHMOND COUNTY CLERK 12/22/2021 06:03 PM INDEX NO. 150281/2013 NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 12/22/2021 Supreme Court of State of New York County of Richmond PATRICK53ISOGNO, Index No.: 150281/2013 Plaintiff, -against- JOHN LIBERTELLA and GIOVANNI CERTIFICATION LIBERTELLA, Defendants. DEFENDANT'S CERTIFICATION TO RECUSE/DISQUALIFY JUDGE CAUSE' GREEN BASED ON 'GOOD (CONFLICT OF INTEREST se' Now comes John Libertella, the defendant pro in the above entitled matter and who hereby Respectfully moves this Honorable Court to recuse/disqualify the Honorable Judge Green for the appearance of a conflict of impartial' interest which may prevent him from being 'fair and an indispensable duty of any presiding judge. PRELIMINARY STATEMENT Sadly, the instant case remains before the court despite the repeated 3/8 3 of 8 FILED: RICHMOND COUNTY CLERK 12/22/2021 06:03 PM INDEX NO. 150281/2013 NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 12/22/2021 concerns as expressed prior motions to recuse, transfer including disqualify, venue, all arising from plaintiff Patrick Bisogno's position as an who practices attorney before the court on a regular basis and has developed an incurable conflict of interest with many of the Judges as not his prior colleagues but only working moreover friends, preventing them from serving and over the fairly impartially civil matter before them as filed Patrick Bisogno who is counter sued the by by undersigned. impartial' Itis beyond all doubt that citizen is entitled to a 'fair and every trial including civil cases an appearance which seems impossible in the instant civil case, which was commenced by the plaintiff through an abuse of process as a practicing attorney before the comt and continued by him throughout the long delayed process which makes due process seem like a dream, false sense of security, and an empty gesture. Albeit! Here comes yet another motion to recuse/disqualify the court based upon an undeniable conflict not just the appearance of one which cannot go ignored and demands recusal/disqualification to preserve whatever appearance is impartial' leil that there will be a 'fair and trial, which should have been transferred long ago to a new venue as previously requested. That based upon the inherent conflict of interest Judge Desmond A. Green impartial' suffers from, a 'fair and trial simply cannot be had before his court and he must recuse himself or be disqualified. 4/8 4 of 8 FILED: RICHMOND COUNTY CLERK 12/22/2021 06:03 PM INDEX NO. 150281/2013 NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 12/22/2021 INCONTROVERTIBLE FACTS IN SUPPORT OF RECUSAL/DISQUALIFICATION OF JUDGE GREEN FOR INHERENT CONFLICT OF INTEREST 1. First, that Judge,Desmond A. Green has inherent conflict of interest where plaintiff attorney John P. Connors, Esq., disclosed that he represented the son of Judge Green as counsel in an unrelated matter. 2. Second, that on or about November 5th, 2018, Judge Barbara Panepinto, transferred defendant motion for sanctions against plaintiff and itwas assigned to Judge Desmond A. Green, who since that time has taken no action in deciding plaintiff motion which remains pending as of this writing. 3. Third, that based upon information and belief Judge Desmond A. Green has a personal friendship with plaintiff attorney John P. Connors, Esq., and plaintiff as captured in photo on submission, and which has remained concealed from the defendant. 4. That prior settlement conference after plaintiff attorney John P. during Connors, Esq., disclosed that he represented the son of Judge Desmond A. Green, Mr. Connors stated that Judge Desmond A. Green needed to recuse himself, yet to date no action Judge Desmond A. Green has been taken to recuse voluntary by himself due to an incontrovertible conflict of interest. 5/8 5 of 8 FILED: RICHMOND COUNTY CLERK 12/22/2021 06:03 PM INDEX NO. 150281/2013 NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 12/22/2021 Yes! Even the appearance, (emphasis added) of bias or prejudice matter! "In the United States Judges are required to recuse themselves-that is remove themselves from in a case - not when are participating only they bias, but even when they may appear bias to a neutral observer. This nominally strict, appearance-based on recusal standard is intended to ensure the judge's impartiality in disputes, to protect the judiciary's reputation, and instill resolving public con fidence in the fairness o f the courts. It has long been assumed that so long as the judge makes the correct recusal decision, the appearance o f protected." impartiality is restored and the reputation o f the judiciary is Dmitry Bam, Associate Professor, University of Maine School of Law; JD Stanford Law School. Published October 15th, 2011 CONCLUSION 5. That based upon the incontrovertible facts challenging the "fairness and impartiality" of Judge Desmond A. Green, recusal is demanded in the interest of justice. 6. That in light of the several recusals various judges of the Court it is by not to late for this Honorable Court to redeem itself and transfer venue as requested defendant to a different jurisdiction in the interest of previously by justice. 7. That the personal friendships that with of the plaintiff (including judges) as a before the have served to impeach the practicing attorney court, irrefutably of the and not is recusal necessary, but moreover the integrity court, only incontrovertible evidence a transfer of venue is equally necessary to supporting 6/8 6 of 8 FILED: RICHMOND COUNTY CLERK 12/22/2021 06:03 PM INDEX NO. 150281/2013 NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 12/22/2021 impartial' ensure defendant a 'fair and trial before a court which can be 'fair and impartial' as justice demands. Respectfully submitted, J Libertella, se' Defendant pro Decemberd2021 7/8 7 of 8 FILED: RICHMOND COUNTY CLERK 12/22/2021 06:03 PM INDEX NO. 150281/2013 NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 12/22/2021 CERTIFICATION OF SERVICE That I John Libertella, do hereby certify that I have caused plaintiff counsel to be delivered a true copy of within legal papers together with exhibits with deposit in the U.S. Post Office Tracked mail on December 22"d, 2021addressed as follows below: The Law Firm of Connors & Connors PC 766 Castleton Avenue Staten Island New York Plaintiff Attorney Copy to: Gladstein Keane & Parterners PLLC 26 Broadway New York.New York 10004 Attorney for Giovanni Libertella co-Defendant ohn Libertella se' Defendant pro 693 Hillcrest Place Valley Stream New York 11581 December 21", 2021 8/8 8 of 8