Please let this letter serve as my request, in wring, that I, Tracy Brown Egan, AKA Mrs Anonymous, do respectfully ask Laura Drager to recuse herself before filing a motion to the same, and prior to taking any more action. I have caused an extra copy to be delivered via messenger for Mr Anonymous. The AFC who was appointed by both material misrepresentation of facts and Fraud Upon the Court – as AFC in our matter stems from a 2011 Family Offense Proceeding - has no authority (and she was fired by her client) and will not receive any further correspondence, as she has not.
My Federal due process/Constitutional and NYS rights, as well as our daughter’s, have been abrogated for eight years. I cannot get a fair hearing because of the court’s inherent bias, dismissive manner towards me / our daughter, refusal to read the matter before you, your bizarre interpretation of the law and your violations of the Judicial Code of Conduct for blatant disregard and not complying with mandatory statutory rules, DRL and CPLR.
Your court does nothing to rectify injustices presented; instead you help the Petitioner circumvent his Child Support obligations. Rather than quash his games, you participate in them, making me go forward without receipt or copies of papers, with motions that were not calendared, insisting on discussing issues so serious I have a right to counsel yet was pro se. You take my complaints and either twist or deflect them, distorting facts and manipulating the case to the opposition’s advantage and Child’s detriment. You have steadfastly ignored Petitioner’s contempts of court and his willful violation of our agreements. The domestic and economic violence detailed in pleadings have only escalated because you treat Petitioner as if he is above the law, which he is, when you are ruling.
Your abuse of process has escalated to the point of overt fraud upon the court, threats to me on the record, derision, and bullying. You exploited my Federally protected temporary PTSD/LAS disability - the hearings after I revealed such in pleadings – were kept to all day while hearings of the previous seven years had never gone more than two hours.
You allow opposition to perjure himself in words and affidavits unchecked, studiously ignoring proof of his mendacity. You appear to lack impartiality to the point of colluding with Petitioner. You have allowed the court officer Andy Williams to physically menace and intimidate me and inappropriately interject himself in arguments.
You are dismissive, impatient and refuse to explain your bizarre rulings adverse to law. You undermine me by distorting facts, cutting me off, and redirecting all points of law I raise revealing Petitioner’s willful violation of his child support obligations.
You suppressed having my daughter’s wishes read onto the record, via her letter, during not one but two hearings. You mocked a 10.5 year old, displaying behavior incongruous to presiding on our matter.
You have misused the power of the judiciary unfairly and threatened me in open court that I must give back Child Support for my application to move. This is coercion, harassment, duress and fully unsupported in any law. I am treated like a criminal in your court while you permit Petitioner and his counsel to cherry pick which points of law are to be enforced. Petitioner IS a felony criminal, yet I am the party rebuked.
You have legally bullied and demeaned, berated me via your extrajudicial bias against the non-monied litigant, punishing the innocent Child with ruling after ruling outside your discretionary power. You harrassed my court watchers during two separate hearings this summer. You have forgotten A judge is not the court People v Zajic.
The final straw is the threat July 25th, 2013 “If you want to get something, you have to give something.” Child Support is NOT QUID PRO QUO. You cannot rescind my Child’s money in exchange for a ruling to allow us to move. You have demonstrated an inability to rule with the best interests of our Child as prime consideration. Had you read our contracts, there are four paragraphs forbidding the claw back of the Child’s funds.
Because of the stress incurred by your rulings outside of law, statute, and our stipulations, I am now suffering health problems, namely Legal Abuse Syndrome, a subset of PTSD. There is one set of rules in your court for Petitioner, another for me. You act as an adversary, not as an impartial trier of facts. No reasonable person could begin to understand the grave improprieties standard in our case. Vexatious and frivolous litigation by Petitioner is permitted to continue, agitating my injuries.
You have ignored every document former counsel and I (when pro se) presented and bent over backwards to accommodate the rich ex’s intentional deceit. Our history shows a clear indication I will never be able to get a fair hearing.
It is painfully obvious given your hostile behavior towards me, your inherent bias, dismissive manner to my concerns as well as questionable comments making your ability to decide anything on a fair and impartial basis jeopardizes my right to be heard and accorded a full, fair hearing.
I seek your immediate recusal before more harm comes to the minor Child by your orders adverse to the law. There is no right more inalienable, (Troxel v Granville), than to protect your own Child. XXXXXXXX (name of child deleted) has suffered under your watch, her standard of living has diminished vastly for no cause other than your inexplicable refusal to apply the law and enforce orders and stipulations.
Should you not disqualify yourself, you are in violation of the Due Process Clause of the US Constitution US v Sciuto, 521 F2d 842, 845 (7th Circ 1996). Should you not recuse yourself, an OSC for Recusal/Disqualification/Change of Proper Venue to Family Court/Stay of all Proceedings will be filed.
The Supreme Court of the US has held that “Disquaification is required if an objective observer would entertain reasonable questions about the judge’s impartiality. If a judge’s attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely, the judge must be disqualified.” Liteky v US, 114 S Ct1147 (1994). I attach a list of rulings made outside your discretion showing bias. NY
A judge absolutely may not preside over cases where the judge has a personal bias or prejudice concerning a party. NYS 100.3
If I do not receive a recusal confirmation today I will file the formal Recusal Motion/Stay/Disqualification tomorrow October 2, 2013 and forward it to the Moreland commission et al.. Kindly address communication to
Tracy Brown Egan
CC: Mr Anonymous
XX West 25th Street
Examples of Rulings Outside Judicial Discretion (all which have inflicted harm on our minor child)
2007 – Ruled outside discretion against 2006 Stipulation of Settlement 9.1/9.2, which clearly accorded our Child a small $XXXK life insurance policy. Ex admitted to transferring entire sum to another child and the judge still refused to rule based on our 2006 Stipulation;
2007 – Ruled outside of discretion when ex wouldn’t maintain joint account to $5K as required in 2006 Stipulation of Settlement. Resulted in 2007 Order to maintain account. Out of over $20K spent on legal fees, only $5K awarded outside discretion of 2006 Stipulation;
2008 – Forced my opposition to restore the stolen Metlife Insurance to our Child. Refused to award me legal costs as mandated in 11.1 and 11.2 of our Stipulation for his breaches. This decision outside the judge’s discretion deprived our child of another $30K. A new 2008 Stipulation was entered as a settlement;
2008 – Judge ruled against our 2006 Stipulation of Settlement, provision 8.4 where our daughter is accorded nearly $50K in home furnishing costs. Ex had previously reimbursed me for $10K by a well-known artist. When presented receipts for $15K by the same artist, ex denied remittal. Judge ruled against my reimbursement, blatantly saying custom portraits and work done for the child didn’t qualify under 8.4. This again was completely outside discretion and contravened our Stipulation, financially harming a Child and abusing her robes;
2008 – This judge allowed opposition counsel to preside over a Trust created for Child Support payouts when my ex was incarcerated for his criminal convictions under RICO and perjury and fraud. My counsel objected to this preposterous ruling outside of discretion to no avail. Opposition counsel refused to honor provisions of the 2006 Stipulation and again our Child was defrauded of money owed for her upbringing due to bias decisions by judge;
2008 – In contravention to New York CPLR and my lawyer’s objections in motion practice, this judge didn’t require opposition counsel to affix a retainer agreement nor billing statements to motions, well outside discretionary powers and allowing opposition to break law;
2008 – Outside judicial discretion, allowed ex to evict us from our home, a Condo accorded in our 2006 Stipulation. The stipulation only permitted him to evict us upon financial difficulties. This jurist accepted his false NWS that claimed his income going from $17M a year down to $600K;*
NOTE *This is a financially impossible number, as support to his ex wife exceeds $600K yearly (not to mention my support and his $12K rental monthly apt). Articles in the paper announced opposition getting a $5M bonus that year, additional to his $17M.
To accept false NWS to facilitate a fraudulent eviction is outside judicial discretion. The opposition NWS was also missing a transfer of a huge asset, a 5,000 square foot eight bathroom apartment out of Petitioner’s name into his ex wife’s name.
The above is a violation of DRL 236B(4), which states in part “In all matrimonial actions and proceedings in which alimony, maintenance or support is in issue, there shall be compulsory disclosure by both parties of their respective financial states. A sworn statement of net worth shall…include all income and assets of whatsoever kind…and shall include a list of all assets transferred in any manner during the preceeding three years …Noncompliance shall be punishable by any or all of the penalties prescribed in section thirty one hundred twenty six of CPLR…”
2011 – Judge refused to rule on issue of tutor fees owed to me under section 6.4, outside discretionary powers, saying on record “don’t waste the court’s time” asking her to rule despite fee remittance being a cause of action;
2011 – Judge ruled outside discretionary power and “consolidated” a TOP in Family Court, against objections, even though nothing was pending to “consolidate" so she could protect the affluent abuser;
2011 – Ruled outside discretion showing bias that ex didn’t have to comply with his obligation to maintain joint account to $5K, refused to enforce award of mandated counsel fees for breach of obligations obligations;
2011 - Ruled outside discretion and CPLR, refused to award me counsel fees as mandated for abuse victims. Gave our daughter a No Contact Order, made him pay for AFC and reunification therapy, made ex pay for domestic violence counseling twice weekly yet denied legal costs. Proceeded to allow economic violence against us from 2011-2013 to date since we aren't by him physically;
2012 – Ruled outside discretion and her own two court orders opposition didn’t have to pay my legal costs after he refused to maintain joint account to $5K, with physical harm coming to Child from lack of funds (small cavity required root canal 7 months later as only .70 cents in joint medical account). Notice of default given by Randi Karmel to Ken Burrows and fees mandated under 11.1 and 11.2 of Stipulations yet refused by judge;
2013 – ruled outside discretionary power and employed false material representation of facts to pretend our daughter no longer had assigned AFC to appoint new AFC of notorious character whom is causing agitation of our daughter’s mental health;
2013 – ruled outside discretionary boundaries and outside our So Ordered Transcript agreement of 2011 to order me to pay 15 percent of the cost of forensics when it was agreed in 2011 ex would pay 100 percent of costs (for his Domestic violence rages) then and going forward. This was one of the terms accorded our daughter for forcing me to pull the TOP;
2013 – Judge ruled outside discretionary power and contract law by refusing to enforce award legal fees usuriously incurred by willful and chronic breaches by ex;
2013 – Judge ruled outside discretionary authority and refused to address the camp issue when brought up June 18th, 2013, refusing to enforce our 2006 Stipulation intentionally depriving the child of camp and inflicting disappointment and emotional harm and distress;
2013 – Ruled outside discretion and refused to address entire motions/applications such as Jury Demand, Notice to Dismiss, and Contempt of Court Order. This judge ruled with no acknowledgement nor any discussion of Motions, rather she ignored and buried applications to the court outside her discretion, pretending they weren’t prepared and filed;
2013 – Ruled outside of discretion – opposition was allowed, without sanctions, to unilaterally close our joint medical account against our original agreement. [Ex was mad I printed out proof accessed from our joint account he had no financial reason to steal $83K from our ten year old, having over $300K in deposits that month];
2013 – Judge abused discretionary powers and refused to allow me to argue when she and opposition discussed his closing of joint account, not allowed one word even though I had filed a separate OSC on the matter incurring more legal fees, literally costing the Child as usual;
2013 – Ruled outside discretion that ex wasn’t mandated to pay legal fees despite 10 proven breaches and defaults detailed in motions, Default Notice given by Randi Karmel to Ken Burrows;
2013 – ruled opposition wasn’t in default outside discretionary powers despite documents proving he had refused to remit payment for psych evaluation he demanded in Feb 2013 which wasn’t paid until July despite demands from Randi Karmel to Ken Burrows;
2013 – Ruled outside discretion and removed a private attorney I had hired for our daughter, Karen Winner, from the case. This violates FCA 241 and 249. The judge did this by both material misrepresentation of facts as well as putting this unlawful decision in a letter so it could not be appealed;
2013 – Outside discretion of judiciary, judge has promulgated opposition’s theft of money from our minor Child’s insurance policy (see 2007), refusing to adhere to stipulations entered in 2006 and 2008 re: Metlife policy. Judge is refusing to apply Res Judicata and Contempt of Court Orders, Drager has let this vexatious and frivolous litigation go on since March 2013 to current date;
2013 – ruled outside of discretion by willfully ignoring provision 6.4 and refusing to address tutor fees for second time, proving judge's willful intent to deprive due process and fair and impartial hearing;
2013 – Ordered outside bench discretion that Petitioner was not in default on 10 items enumerated in Notice of Default, based on 2006/2008 Stipulations despite unpaid medical bills attached to Motions;
2013 – Ruled outside judiciary discretion and took away provision 8.4 of our 2006 Stipulation as accorded our daughter, refusing to apply law and uphold contracts;
2013 – Outside Judicial discretion Laura Drager threatened me in open court July 8 and July 25th, 2013, telling me if I wanted my moving application granted (we are being evicted due to opposition’s economic violence perpetrated acutely for two years, this threat in pleadings 2011), then Drager wants me to “give up” and give back Child Support. This is not only outside discretion, but illegal, Child Support is not Quid Pro Quo. No motion was made for a downward modification by my opposition whose new firm Khan Swift & Foti settled over $82M the last two years. Five different court watchers were witness to these implied and overt multiple threats. On July 25, 2013th Laura Drager actually stated, “If you want to get something, you have to give something...”
From my experience, Laura Drager has too many victims, and there’s too much evidence against her ALL offices refuse to act. Drager is protected by the CJC, Fern Fisher, the DA, Sherry Klein Hitler and the Inspector General of Courts.
Laura Drager has open and known bias against certain litigants – the non-monied spouse/stay-at-home moms, domestic violence victims and the disabled.
Aside from an imperious, screeching demeanor she also belittles the unflavored litigant and refuses to apply the law. She violates every judicial canon repeatedly. A Petition at Change.org against her signed by over 200 people was sent to the CJC in June 2013 with requests for investigations but the CJC has REFUSED to investigate. Some of Laura Drager’s better known victims aside from myself includeJanice Schacter, Stephanie Lerner, Susan Titus Glasscoff, Elizabeth Spielfogel, Dr Johnathan Sporn, Dena Ferreira, Steve Koufakis, Elif Kask, Susan Gass, Andrew Craft, Jill Selby, and Dusty Burke. I’m told the Waldbaum v. Nimkoff case has had over 95 appearances so far. Read the Petition to see dozens of other victims.
Laura Drager and her colluding stable of lawyers/AFC/experts personifies corruption in New York. Hello Moorland Commission!!!!
Drag-her to jail!