CIVIL COURT OF THE CITY OF
NEW YORK: COUNTY OF NEW YORK
CPW TOWERS, LLC
Petitioner(s) -Landlord(s), PART C
ALTON H. MADDOX, JR.
“JOHN DOE” and “JANE DOE,”
STATE OF NEW YORK )
COUNTY OF NEW YORK )
ALTON H. MADDOX, JR., being duly sworn, deposes and says, as follows:
- I am one of the above-described tenants herein and am fully familiar with the facts alleged herein except those made upon information and belief and as to those facts your deponent verily believes them to be true.
- I submit this affidavit only to inform this Court that the reason for this holdover summary proceeding being taken off the Calendar remains suspicious and unsettled. No effort on the part of landlord’s attorney, to participate in a pre-trial conference, has been made. Instead, landlord’s attorney has made the within motion “restoring this case to the calendar for resolution of previously-filed motions.
- This within summary holdover summary proceeding, in addition to myriad summary non-payment of rent proceedings, date back to at least twenty years. It was initiated despite the fact that Leola W. Maddox and myself had been statutory tenants for approximately forty years. Any defense of this holdover, ,summary proceeding will require the requisition of old files from myriad agencies. Some of these issues could be discussed and possibly settled in a “pre-trial conference” between the parties.
- Since March 21, 2015, your deponent has given landlord’s attorney carte blanche to establish the date, time and place for any “pre-trial” conference between the parties. I have been ready to meet with landlord’s attorney on any date, time and place scheduled by him.
- Both sides are in agreement that on the previously scheduled meetings –May 20, 2015 and June 18, 2015– were done by landlord’s attorney, acting alone, who requested those adjournments. Your deponent has had no reason to request those adjournment up to the current date.
- As a matter of courtesy, I have kept landlord’s attorney aware of my activities. See letters to Presiding Justice Randall Eng of the Appellate Division Second Judicial Department. Copies of these letters have been attached hereto and marked Exhibit”A-1″ and “A-2”.
- In a letter to landlord’s attorney dated June 30, 2015, I sought to expedite the scheduling of a “pre-trial conference. Instead of landlord’s attorney telephoning my home, he immediately moved to restore the above-captioned summary holdover proceeding to the Calendar. No effort was made to reschedule the proposed pre-trial conference. In the interim, the parties did consummate a two-year, statutory lease. A copy of the reconciliation letter is attached hereto and marked Exhibit “B.”
- In the event that the within summary holdover proceeding is restored to the calendar without a “pre-trial conference” between the parties, I would simply request that this matter be adjourned to on or after August 13, 2015.
- Your deponent is unable to explain the stalling tactics herein without considering “judge shopping” which would give landlord’s attorney an unfair advantage in this summary proceeding especially if this Court continues to deny to your deponent a right to a jury trial. This Court should require landlord’s attorney to engage in good-faith bargaining to justify the protracted adjournment. Both parties must have a say in a date for restoring this summary proceeding to the Calendar.
- Your deponent has already scheduled fund-raisers in both New York City and in Chicago, ILL with the possibility of Atlanta, GA to acquire funds to initiate federal litigation. Among other things, I was indefinitely suspended from the practice of law on May 21, 1990. I was definitely suspended from the practice of law for five years. This current suspension is now indefinite. Nelson Mandela was suspended from the practice of law in South Africa for Twenty-seven years.
- When the Brooklyn Disciplinary Committee initiated an attorney disciplinary complaint against me in 1989, I had a “clean disciplinary record.” An August 1, 1994 OPINION of the Appellate Division: Second Judicial Department stated, in violation of Penal Law § 175.35, that I lacked a clean disciplinary record. Under New York law, this is a class E felony. A copy of the OPINION is attached hereto and marked Exhibit “C.”
- Every person is entitled to a good name. No person should be denied the right to a good name without due process of law. Time is of the essence. I have contributed immensely to an upgrade in this state’s judicial system. These contributions should not be questioned in the public record.
WHEREFORE, it is respectfully requested that the relief sought on the face of the NOTICE OF MOTION should be denied in all respects.
ALTON H. MADDOX, JR.
Sworn to before me this
9th day of July, 2015