SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION, THIRD DEPARTMENT |
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CARLA R. SINDELAR & ROBERT J. SINDELAR | ||
Plaintiffs, | Case # 87089 |
-against- | ||
Index No. 93-1016 |
TERRY L. HAWLEY & CAROL A. HAWLEY, | RJI No. 98-0015M | |
Defendants, |
ZIFF, WEIERMILLER, HAYDEN & MUSTICO, LLP | |
Respondent. |
Dear Justices: | November 27, 2000 |
Hereinafter, Christine Chalk Meier, Esq. Referred to as: Christine |
Carla's lawsuit was settled October 26, 995, by Mr. William Ogilvie, Esq., and myself, in Supreme Court, Chemung County, NY. Why did Christine wait until 1999 to file her Motion? Christine uses "having a baby" as a reason for denying my appeal. I congratulate and wish her and her baby the very best, but most people view that as a blessed event, certainly not in the context of "hardship." Being an associate of a large law firm with lots of attorney's, I fail to see where this should present the problem for her that it has for me and my daughter, Carla. While watching a local newscast, Mr. Allan Dershowitz, spoke of a declaration to the Court that "wouldn't pass the 'giggle' test." Christine clearly well versed in NYS law and its procedures puzzles me by using "hardship" in the same breath as denying my extension. It causes me to question her integrity, which I always thought to be the first requisite of a lawyer.
On another occasion, a television documentary revealed the nature of how a snake partakes of its meal. It must have complete assurance the victim is sufficiently disabled as not to produce even the slightest amount of danger to him before he "devours" it.
Based on Christine's Motion, and Answers to my extensions, it appears that she too, watched the way a snake prepares for dinner, and is copying it. Your honors, I mean no disrespect, but those who are aware of this case, believe my analogy directly parallel's the basis of this matter. Respectfully, I beg your honors to consider what I believe to be a "hardship." When: 1- the computer I purchased several months ago, stills sits in a box for lack of time to unpack and make it ready to run my software and data files. 2- a life insurance policy of many years on Carla with an automatic premium pay disability rider, is cancelled for lack of time to file necessary paperwork. 3- my automobile insurance is cancelled for lack of time to challenge the insurance company's reasons for improper notice given to me for such cancellation. 4- the telephone is shut-off for lack of time to get funds in the bank to write a check. 5- our property is confiscated by our Village of domicile because I lacked time to prepare a case or hire a lawyer and was "willfully and wrongfully" convicted. 6- my appeal was dismissed for "default" for lack of time and ability to get counsel. 7- for several years since Carla's accident and up to the present, a lack of time to respond by letter to what lawyers consider a "fair" attempt at collecting money, eventually lead to default judgements in courts. Courts that I could not attend and often did not even have information informing me of their taking place. 8- forceps & pliers become the alternative to a dentist for lack of time to make necessary arrangements to go to him. My mouth is full of broken, jagged teeth, and empty sockets, but better than suffering swollen abscesses and endless pain. Dispensing with above hardship, and resume with hardships dealing with my daughter .
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When: 1- my only teenager had an accident that left her requiring total care for life, and I had the "choice" of institutionalizing her or try to make her life comfortable and happy as possible in the home where she feels comfortable and safe. 2- our lawyer and long time friend handles several legal matters and leaves us worse off than before, then quits and "sues" us for his inability to resolve any of them. 3- my daughter desperately needs medical care, but the Governor of our state "ignores" repeated email requests and our Senator, a Social Security experts response is, "sorry, we are not an investigative authority and only do inquiries..." 4- the Supreme Court apparently ignores my answer to a Motion, and Orders us to pay the lawyer who "Quit" our cases and "hurt" us in his representation thereof. 5- acts of wrongdoing are only deemed "criminal" when they happen to the poor, handicapped, or elderly. I believe we are covered in all three descriptiveness
6- after having cried out (together with friends and advocates) for health care for Carla, my only option is to place her in an institution or continue giving her the 24-hour care she requires, myself. 7- my daughter "cries" all night long because ROM, so critically important to her survival was deprived her by the very agency our lawyer promised us, when I authorized a check to them for past expenditures, would be given her. 8- as a parent and "primary care giver", as determined by long, emotionally draining Surrogate's Court proceedings, I am subjected to Hot line investigations and harassment by lawyers and others claiming "it is in Carla's best interest." 9- Home Healthcare Nurse's are only allowed 4 hour per day visits to care for a human being that properly deserves 24 hour daily care. It is then, that the reality sets in and reminds me that the Horrifying Screams of pain emanating from my daughter, is really "society's response to the needs of their fellow-man." 10- ONLY an Appellate Court has the courage to display "Honor", in dealing with a perceived "Right of Justice", an extension of time to affect a "just" appeal.
Whereas, I pray a review of the information enclosed will support my request for the granting of an extension of time to perfect my brief. To be denied Justice by an earlier Supreme Court Order, then further denied a " just " extension request would certainly spell "Travesty". The Appellate honorably gave evidence by past actions relative to this matter, that it also wants to see a Just conclusion to an attempt at "wrongful acquisition of funds" from a disabled person. Further, and alternatively, I would not object to the court granting an extension of time sufficient to allow Christine to get past her period of "hardship" and to affect her response brief. |
Respectfully submitted, |
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