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I am copying a letter below that I sent to the New York State Department of Labor after the Judge (whose name I have deleted from the letter) ruled that she “rejected” my argument. She ruled in my favor on two earlier decisions, and then this time she decided to rule against me. (Kafka would be bursting with pride). To me this looks like fraud, and I am considering presenting the case to the New York State Attorney Generals office. Does anyone have any advice?
Brian Moore
143 East 30th Street, apt 105
New York, New York 10016
August 7, 2014
New York State Department of Labor
Appeal Board
P.O.Box 15126
Albany, New York 12212-5126
Re: A.L.J. No. 014-00600
Ladies and Gentleman:
I wish to appeal your decision to penalize me for making a willful misrepresentation to obtain unemployment benefits.
As you know, at the hearing on April 29, 2014, Judge (NAME) asked me whether or not I had taught a class starting on May 20, 2012. I said “No.” She said: “Are you sure?” I said: “Quite.”
I am enclosing my wife’s death certificate for your information. My wife passed away, after a long illness, on May 27, 2012, at Grandell Rehabilitation & Nursing Center in Long Beach, New York, one week after Judge (NAME) insinuated that I had started teaching a class. The wake was held at Macken Mortuary in Rockville Centre, New York on May 30, 2012; the funeral mass took place at St. Ignatius RC Church in Long Beach, New York on May 31. My wife’s remains were cremated by Long Island Cremation Company in West Babylon, New York on May 31, 2014, and were interred at St. Charles Cemetery in Farmingdale, New York on January 19, 2013 in Columbarium Section 1c, niche 83A.
I am sorry that I have to share these personal details with you, but this fanciful assumption on the part of the judge, and her attempt to cover it up by ignoring it in her written decision, has severely damaged my reputation and my credibility and I know that my wife would want to do anything she could to help.
Very truly yours,
Brian Moore
I do believe it is not unlawful, not wrongful, for a judge to go beyond the legal arguments presented in the briefs. Yes, it seems unfair, and it is unusual, but it is permissible for a judge to come up with arguments not presented by either side. It is improper, however, for a judge to wrongfully state what arguments were presented, as happened on your appeal.
I’ll echo what Joseph Friendly wrote, but adding a word: “It is improper for a judge to wrongfully state what [facts/]arguments were presented.” In my case, the Judge did exactly that wrongfully: in fact, she explicitly (EXPLICITLY!) stated in her opinion that she was ONLY going to listen to the Defendant’s facts/arguments (this was at Motion for Summary Judgment, I was Plaintiff, IBM was Defendant/movant, so BY LAW she was REQUIRED to credit MY/nonmovant’s facts and reasonable inferences thereto, not THEIRS). And then she did exactly that: she did indeed listen ONLY to their facts.
Proof: http://JudicialMisconduct.US/CaseStudies/WETvIBM#smokinggun. You don’t need to know anything about any of the facts of my case (thought they’re all on the website). All you need to know is that the judge explicitly refused to follow all known law about Summary Judgment (which she even quoted, but then refused to follow).
Feel free to contact me (contact info is on my website, http://JudicialMisconduct.US).
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