Letter to Mayor William de Blasio

 

Freedom Party

 

Alton h. Maddox, jr.                                                                  Tel.: (917) 947-8994

Director                                                                                                          Fax : (917) 947-8996

                                                                                                                      1061  Atlantic Avenue

                                                                                                                         Brooklyn, NY 11238

 

                                                            August 8, 2016

Mayor William de Blasio

City Hall

New York, NY 10007

 

                                    Re: CPW Towers, LLC v. Maddox, Index No. L&T 86146

                                                (Civ. Ct., N.Y. Co. 2014)

 

Dear Mayor de Blasio:

            Bouvier Law Dictionary defines “judge-shopping” as: “An attempt to place a matter before a sympathetic judge.”  Housing cases, in New York City, are arbitrarily assigned to judges.  No lottery system exists to prevent a judicial conspiracy.  This allows for judges to be able to exercise unfettered, judicial bias and judicial greed. It undermines trust in the judicial system especially since a “blue-ribbon commission” found that New York’s judicial system is “infested with racism.”

            Attorneys for landlords are in court on a daily basis.  On the other hand, there is no association of tenant attorneys.  Real estate owners enjoy the advantage of conspiring against tenants.  FIRE (Finance Insurance Real Estate) is a special interest group in New York City.  This special interest group is involved to all real estate transactions.  Manufacturing, on the other hand, is non-existent in New York. Therefore, FIRE is a monopoly and carries great weight, politically, under Citizens United v. FEC.  New York is a one-party state.

            For the poor, the landlord-tenant court is, in fact, the “slumlord-tenant court.”  RPL § 235-b has turned the slumlord-tenant court into a collection agency if the tenants or occupants are subject to conditions which would be “dangerous, hazardous or detrimental to their life, health or safety.”

 

            Under these circumstances, no slumlord should enjoy standing to commence a summary non-payment of rent proceeding.  Any slumlord should be encouraged to remedy the complained-about conditions before initiating a summary proceeding.  This stance would undermine gentrification and guarantee to tenants, a cleaner and safer New York City.

            After my stand for justice against, the state-sponsored murder of Michael Stewart, in 1983, for kissing a white woman in Manhattan and, not in Money, MS, and against a subsequent, judicial cover-up, I became the “targeted” attorney for refusing to cooperate with the police.  The conspiracy involved Manhattan District Attorney Robert Morgenthau, Mayor Ed Koch and Dr. Eliot Gross, Chief Medical Examiner of New York City.

            Feeling exasperated with the grand jury investigation into the death of Michael Stewart, a group of over one hundred persons marched from the Manhattan district attorney’s office to the office of Gov. Mario Cuomo at the World Trade Center.  Whites viewed it as an unlawful assembly.  The white media reported that thispressure group had seized control of the World Trade Center.  Whites evacuated it.

            We had an impromptu, all-night, town hall meeting.  Lawrence Kurlander of the governor’s office sought to appease us.  In the meantime, the group decided that I should run for the office of Manhattan district attorney. The next morning, C. Vernon Mason announced that he was going to put his hat in the ring.  I agreed.

            Mason ran a great race.  He collected one-third of the vote.  Mario Merola, District Attorney of Bronx County, announced, unexpectedly, that he would retire.  Mason and I would conduct a campaign for a black, district attorney.  Norman Early, in Denver, CO, had become the nation’s first black district attorney in 1983.

            Initially, Gov. Mario Cuomo rebuffed our demand. Instead, he appointed Paul Gentile. The media found skeletons in Gentile’s closet. We pointed out that Bronx County was predominately black and Latino.  Black and Latino “selected parrots” would not join this political fray.  Eventually, Gov. Cuomo had to raise the white flag. 

            Robert Johnson would become the first, black, district attorney in New York’s history. Once again, the glass ceiling was shattered. Nonetheless, Johnson had no “magic wand.” Blacks were not ready to support a black district attorney without the white man.  Blacks, in New York, still practice “plantation politics.”  They need white approval.

         On July 11, 1984, I was falsely arrested for allegedly assaulting two court officers and throwing a brief case at the judge in Manhattan Supreme Court.  The court officers escorted me, in handcuffs, to the Fifth Precinct to face a lynch mob in “blue.”  Deputy Police Commissioner Billie Holliday, who is black, had to rescue me, against drawn guns by both court officers and police officers, while I was still handcuffed.  My arrest had become a turf war.

            At the trial in Manhattan Criminal Court and before a biased judge, William Erlbaum, I was facing automatic disbarment upon a criminal conviction.  In an attempt to make a criminal conviction easier, Judge Erlbaum charged the jury that no question of fact existed as to my guilt.  The petit jury was directed to render a summary verdict of guilty.  Fortunately, the petit jury engaged in jury nullification after seriously considering his illegal, jury charge to it.

 

            The alleged owner of the apartment complex where I reside, in retaliation to my continued, pro bono representation of unpopular causes, started to withhold repairs and to refuse to offer automatic, renewal leases to the within rent-stabilized tenants therein, as is required by law.  Moreover, the “alleged landlords” have failed to prove ownership in the baseless, summary proceedings even though allegations of ownership were made in the verified petition. This is called immunity.

            In PWV Acquisition, LLC v. MaddoxL&T Index No. 065683 (Civ. Ct., N.Y. Co. 2005) a Housing Court judge, ruled in favor of landlord, even though this judge, with the same set of facts, and with a lack of proof of ownership of the subject premises, had earlier ruled, in another summary proceeding, in favor of the tenants and against the landlord.  This subsequent, summary proceeding should have been dismissed as res judicata

            We were ordered, nonetheless, to pay the alleged landlord, on April 19, 2010, the amount of Twenty-five Thousand Five Hundred and three dollars and 33/100 cents or suffer a summary and illegal eviction.  I lacked the funds to prosecute an appeal even though I had valid grounds for an appeal.  I did not want to seek another loan as I had done in 1986.        

            This payment amounted to judicial extortion.  There was no quid pro quo for this extortionate payment.  The alleged landlord was not required to make any repairs.  Tenants had already been constructively evicted.  Moreover, tenants were denied the right of a jury trial. Since no lease had existed between landlord and the within tenants, denying them a constitutional right to a jury trial, is illegal.

            I was the first attorney in the history of American jurisprudence to secure a special prosecutor in a racially-motivated murder and to obtain convictions against the lynch mob.  This stance caused the enactment of New York’s “hate crime law,” which now also protects the “LGBT community.”  If I had not obtained a loan to satisfy NCBL’s tax liabilities, none of the within benefits would have inured to these affected communities.

            The following week, after Howard Beach, I was ordered to start the trial of People v. Jonah Perry.  Jonah Perry was a college student at Cornel University.  After the community abandoned Perry, Alton Maddox filed a notice of appearance.  The police had killed Edmund Perry and charged Jonah Perry, his brother, with robbery to justify the state-sponsored murder.  Edmund Perry had been accepted at Yale University and Stanford University.

            Maddox won an acquittal but as a result of it he was introduced to the Internal Revenue Service.  The National Conference of Black Lawyers (NCBL) had failed to pay its tax bill of Twenty-five Thousand Dollars.  The IRS gave Maddox five days to pay or it would shut his operation down because, according to the black, female agent, he would not keep his “big mouth shut.”  Maddox was able to convince Una Mulzac of Liberation Bookstore to loan him the money.  In short order, Maddox satisfied the loan for the NCBL.

            The proceedings against me are retaliatory in nature because I am undisputedly the “lone voice” in New York in repeatedly objecting to white supremacy.  This has also included, inter alia, Bensonhurst, “Central Park 7” and Tawana Brawley.  Joseph Fama was given a sentence of 33 years to life for his role in the death of Yusuf Hawkins in Bensonhurst. The Establishment is of the view that blacks, in New York, are comfortable with a “nation of men.” 

            Other pro bono cases have included, but,certainly, are not limited to Jones v. Koch(schools chancellor); co-sponsor of 1983 Congressional Hearings on Police Brutality;Matter of Chokwe Lumumba (pro hac viceapplication); Rogers v. New York Public Library(“Save the Schomburg Center”); People v. Willie Bosket (poster child for Juvenile Offender law); Matter of Sam Brown (writ ofhabeas corpus in Brink’s Bank Robbery); Pennsylvania extradition proceeding in federal court for York & LaBorde,  (alleged cop killers); Black Liberation Army (federal grand jury investigation); Matter of Maddox (federal grand jury investigation) People v. Andre Nichols(alleged murder of white catholic priest); founder of Freedom Party; co-founder of United African Movement ); architect of Freedom Retreat for Boys and Girls; Pagones v. Maddox et. al (longest civil trial in New York history); Petitioner to Congress to “Save the African Burial Ground;” and People v. Sharpton (67-count indictment).

            The death of Michael Stewart arose amid the 1983 Congressional Hearings on Police Brutality.  A medical examiner must determine the manner of death.  Although eleven police officers had beaten Stewart into a “coma,” Dr. Eliot Gross would determine that the cause of death was from natural causes.  I had acquired additional training in forensic sciences.  There was a strenuous objection.  This medical examiner’s office had to be reformed.

            In addition to effectively representing the estate of Michael Stewart, the legal team of Louis Clayton Jones, Michael Warren and myself had taken extraordinary steps to reform this office.  The findings of a medical examiner are critical in racially-motivated murders and of rapes. See for example, Tawana Brawley and the late P.O. Harry Crist, Jr    

            Stewart, coupled with the 1983 Congressional hearings, also broke the Irish chokehold on mayors appointing white, police commissioners of the NYPD.  Ben Ward and Dr. Lee P. Brown broke the glass ceiling.  The Irish had controlled the NYPD from top to bottom from its formation in 1845.  This is a “badge of slavery.”  The Irish police officers would seek relief against me in the New York Legislature.

            Jones v Koch would undermine mayoral influence in the education of black and Latino children in the public school system.  The mayor had unilaterally appointed the schools chancellor until Jones v. Koch which found that his appointment of Robert Wagner was illegal.  This was an unprecedented, judicial ruling.

            The fallout from Jones v. Koch favored blacks and Latinos.  Anthony J. Alvarado, a Latino, became the first, school superintendent in 1985.  Nathan Quinones followed. Richard R. Green became the first black in public school history at the educational helm in New York City.  Green, like Booker T. Washington, in 1915, died under mysterious circumstances. The UFT joined the PBA in seeking extraordinary relief in the New York Legislature against me. Enough is Enough!

            On August 3, 2016, I appeared in CPW Towers, LLC v. Maddox,  Index No. L&T 86146 (Civ. Ct., N.Y. Co. 2014) in Part C.  There was “a bait and switch” under the embryonic claim of “reciprocity.”  The above-mentioned, summary proceeding was switched, arbitrarily, to Part F. The Housing Court was involved in judicial swapping of cases.  This was an ex parte proceeding.  I was not present.

       I had ordered a court stenographer for a manual, stenographic record. The subject, summary proceeding was arbitrarily switched to Part F.  I have seen this tactic involving the alleged landlord before in PWV Acquisition, LLC v. Maddox, supra.  It inures to the benefit of the landlord who has a baseless claim.  We will be illegally and summarily evicted from our apartment of over forty years in September 2016.  Do not contribute to a bogus, legal defense fund!!!  I must still contribute to UAM and Freedom Party.

            No court rules exist that allow for “case-swapping” and empowering a judge to rule illegally on the facts or on the law and to favor the landlord for retaliating against the tenant. This procedure violates CPLR § 2217 which provides: “Any motion may be referred to a judge who decided a prior motion in the action.”  This allows for judicial consistency. No provision in the CPLR allows a motion to be taken away from the sitting judge to promote judge-shopping.

            A judicial conspiracy against the herein tenants was done on August 3, 2016.  Like in a prior, summary proceeding, the suspect landlord had to find a judge who will ignore the contents of a petition under RPAPL §741 and give a green light to another baseless, summary proceeding.  These fundamental elements are necessary to save subject-matter jurisdiction. Alleged landlords, who are unable to prove ownership of the subject premises, have been able to extort, under color of law, rent payments from the within tenants.

            I am requesting the immediate production of all files relating to 392 Central Park West, Apt. No. 7C in the City, County and State of New York.  These files are necessary to make out a claim of harassment under Rent Stabilization Code § 2525.5 and to prove judge-shopping.  These court files should have been produced in September 2015.  A person, interested in justice, retained an attorney to subpoena the court records.  A delegation will be in the Manhattan Civil Court, Housing Part, on this Wednesday morning.

            The next court date is September 15, 2016.  Motions must be prepared and filed on or before August 31, 2016Time is of the essence. Since I have been illegally banned from the practice of law in New York, I am unable to comport with CPLR § 321.  I have no available legal tools.  A motion may be made under CPLR § 327.  Any subpoena would have to comport with Article 23 of the CPLR.  A pro se party may not benefit from Article 23.

 

            With relentless pressure from police unions, based on my reputation as “the people’s attorney general,” the unions were able to convince the New York Legislature, or members therein, to fashion a bill of pains and penalties in violation of Article 1, section 10 clause 1 of the United States Constitution.  This is an unprecedented use of a bill of pains and penalties, against an attorney, in the United States. 

            The interim and definite suspensions, starting on May 21, 1990, were supposed to be limited to nine years even though a disbarment in New York is only for seven years.  A disbarred attorney is eligible for reinstatement after seven years.  I have been banned from the practice of law for twenty-six years and counting with no relief in sight.  Blacks are represented by black, “selected parrots” and still continue to be represented only by them at the personal expense of blacks.  Legal representation is non-existent.

            The “separation of powers” doctrine does not work when a black attorney, acting under his powers as “people’s attorney general,” initiates legal actions which benefit a significant number of people and require public enforcement and is important to society as a whole. 

             Blacks, in New York are unaware that they are being denied the right to competent and zealous counsel. The above-mentioned summary proceeding also represents a retaliatory action against a despised class except when it is time to pick presidential candidates on November 8, 2016

            I had repeatedly and clearly stepped on the policies of the late Mayor Edward I. Koch and the late Governor Mario Cuomo. Gov.  Gov. Andrew Cuomo, who expressed a deep affection for his father during his speech at the 2016 Democratic National Convention, is continuing his father’s vendetta against me.

           In an advertisement, I have also expressed my opposition to your own racist, police practices against blacks and Latinos including passing over Benjamin Tucker for James P. O’Neill as police commissioner and continuing the enforcement of  “stop, question and frisk” as a “badge of slavery” in violation of the Thirteenth Amendment.

            Donald Trump is a New York landlord. He knows a lot about a “rigged system.”  The Housing Part of the New York Civil Court constitutes Exhibit “A.”  For blacks, it is called “Negro removal.”  Blacks are being routinely and summarily evicted from their places of abode to accommodate whites and to promote a continuing grip on white supremacy. “Plantation politics” is in accord

            A delegation from the Freedom Party is expected to appear in the Clerk’s office in Housing Part of the Manhattan Civil Court on the morning of August 10, 2016 to examine all files, since 1975, concerning all summary proceedings involving premises known as 392 Central Park West, Apt. No. 7C, in the City, County and State of New York to avoid a charge of “obstruction of governmental administration.” Your cooperation will be greatly appreciated.

 

                                                                       Respectfully,

 

                                                                       Alton H. Maddox, Jr.

AHM:sr

cc:        Cullen & Associates, P.C

Clerk’s Office, Housing Part

   Manhattan Civil Court

Hillary for America

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