Deceased First Name: Sadie
Deceased Last Name: ROSENBERG
Deceased Date of Death: 03/25/95
Surrogate's Court County: New York Surrrogate's Court
State: NY
Judges First Name: Eve
Judges Last Name: Preminger
Tell Your Story: LAW LICENSE: A LICENSE TO STEAL?
Atty. Margaret Ann Bomba, 14 Wall Street, New York, New York,
is an elder-law practitioner, and Co-Chair of NYSBA's Elder Law
Section Committee on Client and Consumer Issues Subcommittee
on Consumer Education and Fraud and Abuse. Her pedigree
describes her as specializing in elder law and victimization of the
elderly. The CRIMINAL CONDUCT alleged below was admitted by
Atty. Bomba in court proceedings by her failure to oppose motion papers and deny allegations of
criminality ("silence is assent").On or about 6/16/95, in Surrogate's Court, New York County, Atty.
Bomba FABRICATED AN INCOMPLETE AND FACIALLY VOID
"CITATION" and then caused a copy of same to be served as
"process" under the PRETENSE OF AUTHENTICITY.Atty. Bomba's bogus "citation" lacked numerous elements required
by law, each of which constituted a violation of statute or rule:
it had no caption (CPLR 2101[c]), and no notice of the relief requested
in the petition (SCPA 306[1][d]). The original "citation," found in the court
files, had no proof of issuance and filing (SCPA 306[4]), no file number
(without which it cannot be filed), no clerk's "filed" stamp (CPLR 304),
no impression seal of the court (SCPA 306[4]) - But amazingly, a
clerk's certificationn of that very document was issued which
FALSELY states - " Original filed June 16, 1995; A true copy" -
despite the fact that the certified minutes of the clerk's office of
Surrogate's Court, New York County, Index No. 2573/95 do not
show issuance of a citation, or proof of service. At my request,
several independent witnesses have examined the court records
and furnished affidavits to that effect, to prevent alteration.My attorneys, acting in collusion with Atty. Bomba, failed to seek dismissal
and subjected me to futile "litigation" in what turned out to be a CHARITY
SCAM (intended to scare family members off), I was neither advised nor
consulted regarding consequences of forged process: UNLAWFUL
CONVERSION WITHOUT DUE PROCESS OF LAW! (Also a felony)Atty Bomba's acts in causing unauthorized process to be served
constituted the crime of Forgery 2nd in New York State (P.L. 170.10),
and the use of such "citation," being absolutely void, demonstrates
a clear INTENT TO DEFRAUD! Because of her expertise in
elder law and her position with the NYS Bar Association's
Subcommittee on Fraud and Abuse the action engaged in is even
more serious than if done by a person without a knowledge of the
law, but she was protected by the District Attorney's office.In addition to promoting a fictitious (unauthorized) "litigation,"
Atty. Bomba first ATTEMPTED TO EXCLUDE ME FROM NOTICE
OF THE PROCEEDINGS by claiming my whereabouts were "unknown."
When it became apparent that I had become aware of the
proceedings, she then submitted a false and backdated
affidavit as "damage control" for a COMPLETE LACK OF DUE
DILIGENCE!Surrogate Eve Preminger, without ascertaining her jurisdiction,
IMPROPERLY PRESIDED OVER THE FICTITIOUS PROBATE
PROCEEDING and granted relief on an unfiled "probate package"
(although a probate petition was filed, few of the customary
supporting documents were filed by the clerk, but worked their
way, unfiled/unstamped, into the court files.When Preminger was faced with the fact of the lack of duly-
issued process, what was her response? "I don't know what
you're talking about! Next case!" She wouldn't even look at
the papers I submitted. Without allowing me to prove that the
will submitted by Bomba was also FORGED, Preminger
admitted it to probate, WITHOUT ANY LAWFUL
AUTHORITY TO DO SO.In order to aid and abet a conversion of the estate together with
Atty. Bomba and others, Preminger knowingly violated the law:
constitutional due process, state statutes, court rules, and
appellate precedents.
She precluded meaningful pretrial discovery by issuing improper
"protective" orders to fiduciaries, ignoring a CPLR 2218 demand for
hearing by jury of a summary judgment motion, thus usurping jury
power, She took Bomba's hearsay statements as "evidence"
although they did not constitute any evidence, and rendered fact
decisions, beyond her discretion (which is just to "identify
conflicting issues for hearing/trial resolution). Her decision(s) were
contrary to and not supported by the record.I was not permitted to speak in open court. "I read your papers.
Next case!"Preminger failed to support her decisions by showing what papers she
relied on (another procedural violation - CPLR 2219). Based on the initial
lack of jurisdiction (because FORGED process is not "court process"),
Preminger had no authority to issue any relief, but issue relief, she did!She unlawfully authorized the clerk to issue Letters Testamentary, and
and the estate was then converted by Atty. Bomba, her client, and others.
In short, I was deprived of my rightful inheritance through fraud and collusion,
by a judge, a fiduciary, and "officers of the court."Although all the papers issued by Preminger and the clerk are all void,
the appellate courts simply IGNORED the issues in order to protect Preminger,
et al., as they do in numerous other cases involving judges and lawyers.Surrogate's Court, unlike other New York Courts, does not make their public
records available in printout form to the general public, thus protecting their
"Star Chamber" proceedings from public view."NOBODY KNOWS WHERE THE MONEY GOES -
AFTER THEY SIGN THE DECREE!Twice a week in Surrogate's Court, New York County, there are
numerous defaults in appearances on "citations" allegedly served,
and untold moneys are siphoned out of decedent's estates. When
there is no requirement for proof of mailing (and receipt), all kinds of
fraud can take place.THERE IS ABSOLUTELY NO SUPERVISION OR OVERSIGHT
OF COMPLIANCE WITH LAW IN THIS LITTLE FIEFDOM!!It is stories like this that bring disgrace to bench and bar. This is
not an isolated case, but it is one which is extremely well
documented. The group of victims of corruption in the courts is now
huge. General pro-se litigation is at an all-time high due to a growing
distrust of lawyers and judges. I and other victims of Surrogate's
Court believe that the probate part of the "justice' sustem is the most
corrupt of all, and needs to be cleaned up.L. Duboys (for H. Duboys)
Duboys.One@verizon.net