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2004 NY Slip Op 51085

Citation
2004 NY Slip Op 51085
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

1,800 chars
The Court finds that the Petitioner' Counsel, Mr. Battista acted in bad faith. This post eviction motion was rescheduled from June 11 to June 23 by the Clerk after speaking to Petitioner's Counsel. It was Mr. Battista's avoidance and noncompliance on June 23 to 25 that caused the lengthy delays and prolonged procedures to the detriment of the Respondent who was out of possession and was unable to show whether she was wrongfully evicted. It was Mr. Battista's dilatory tactics on July 1 and July 12, for his failure to be ready with his witnesses, that caused the protracted delays of this post eviction hearing. The Petitioner is Secretary of Housing and Urban Development. The Respondent is a member of the United States Military who is trying to go to the front line in Iraq to fight for the safety of the Citizens of the United States. More pointedly is the Petitioner's Counsel, Mr. Battista's, attitude to the Respondent when she said she was in the military. He arrogantly denied and strenuously disputed that the Respondent is a member of the military. He argued that the military uniform and identification was not authentic and that the Federal Government may be paying the Respondent for something other than for her service in the Military. Although Mr. Battista made this bald face accusations, he could not produce any evidence or witness to show that there was any contradiction of the Respondent's military status. The combination of all of the above show great disrespect to persons in the United States Military and the court's finding that this proceeding was properly identified as a military case from its commencement. In addition, the Respondent justly relied on the agreements to negotiate the repurchase of the premises. Petitioner's Counsels failed to negotiate in good f