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To follow you will find news regarding suits, initiatives, and/or transactions involving the Pascazi Law Offices PLLC: October 28, 2011: ATTORNEY MICHAEL S. PASCAZI SECURES DISMISSAL OF AN ATTEMPT TO COLLECT ON A PERSONAL LOAN BY A PREDATORY LENDER Michael S. Pascazi, Esq., recently secured on behalf of his client the dismissal of a lender lawsuit commenced about 3 years ago, during the height of the banking meltdown in the USA. The Plaintiff in the suit is a well known predatory lending firm, which specializes in high interest rate personal loans. The Plaintiff commenced suit, but, in response to the suit was not met with the typical default of the defendant, rather, was met by Attorney Pascazi’s defense. Over the years, various purported settlements to the suit were negotiated by Attorney Pascazi, only to have the Plaintiff renege when it came time to sign the papers each and every time. When Attorney Pascazi concluded “enough is enough”, he brought a motion in NYS Supreme Court seeking dismissal of the suit. Attorney Pascazi’ s motion was successful, and the court entered a judgment for the client dismissing the suit. Attorney Pascazi’ s client won, and does not now have to pay back the loan; a savings at this time of nearly $30,000.00. Should you, a loved one or a friend be faced with a collection suit, from a predatory lender, Attorney Pascazi would like to hear about it. September 29, 2011: ATTORNEY MICHAEL S. PASCAZI FIGHTS FOR USE OF DNA TESTING TO EXONERATE MAN CONVICTED OF 1993 MURDER Michael S. Pascazi, Esq., has petitioned the NYS Supreme Court, Kings County (Brooklyn) to overturn, with the aid of DNA testing, Shaliq Peterson’s 1995 conviction for second degree murder. To date 251 individuals have been exonerated from wrongful convictions through the use of DNA testing. DNA testing was not widely used in New York State courts in the mid 90’s. Today it is commonplace. It can be used to establish guilt as well as innocence. Shaliq’s conviction was based almost entirely upon the purported eye witness testimony of a seven year old boy. Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of all convictions overturned through DNA testing. There existed at trial a significant body of forensic DNA containing evidence, including a smudged fingerprint on the murder weapon. Attorney Pascazi hopes to show that the smudged print does not match the DNA profile of either Shaliq or the victim, but does indeed match the profile of one of the nearly 10 million people, (virtually all convicted criminals) whose DNA profiles are now stored in the FBI’s CODIS-NDIS database. Attorney Pascazi invites all those who have an interest in overturning wrongful criminal convictions to look at this case, and submit amicus curiae papers to the court, if they are so inclined. August 4, 2011: Pascazi Law Offices Secures Court Order Requiring Yahoo! Inc. to Turn Over The Name of Anonymous E-Mail Writer. Michael S. Pascazi, Esq. recently secured a court order, on behalf of a client, from the New York State Supreme Court, compelling Yahoo! Inc. to turn over the name and address of an anonymous email writer, who was using his anonymity to harass and inflict emotional distress upon Attorney Pascazi's client. This is an egregious case of intentional emotional harm, whereby, the client began receiving outrageous, and harassing emails, immediately after the tragic, and untimely death of his young son. With the name and address of the emails' author, a lawsuit can be started by Attorney Pascazi, seeking monetary damages from the perpetrator, and holding the email writer to account, for his outlandish deeds. What should be taken away from this event is that anonymity on the Internet only goes so far, and will crumble in the face of tortuous and/or criminal conduct. This same type of lawyering can also be applied to Copyright and Trademark issues. February 1, 2011: Counselor Michael S. Pascazi Admitted to Practice Before the U.S. Court of Appeals for the Second Circuit Pascazi Law Offices PLLC is pleased to announce that Michael S. Pascazi, Esq., of Counsel, has recently been admitted to practice before the U.S. Court of Appeals for the Second Circuit. The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals. Its territory comprises the States of New York, Connecticut, and Vermont, and the Court has appellate jurisdiction over six district courts in three States. Appeals from the Second Circuit go to the United States Supreme Court, if the Supreme Court grants a writ of certiorari to hear the case. This happens rarely, so the Second Circuit is usually the end of the road for federal appeals in New York, Connecticut, and Vermont. The Bar of the Second Circuit is a small one given the large geography it covers. Michael S. Pascazi, Esq. is one of a limited number of Attorneys admitted to prosecute and defend appeals brought before the Circuit. Pascazi Law Offices is pleased to offer this service to its clients. May 24, 2010: Counselor Michael S. Pascazi Joins the U.S. Department of State Bureau of Consular Affairs’ Attorney Network Michael S. Pascazi, Attorney & Counselor-at-Law, and Managing Member of Pascazi Law Offices PLLC has joined the Attorney Network maintained by the Office of Children’s Issues at the U.S. Department of State, Bureau of Consular Affairs. Network attorneys provide legal representation to parents involved in International Child Abduction cases. Each year, hundreds of children are abducted by a parent or family member across international borders to and from the United States. Parental & familial child abduction not only jeopardizes the child’s well being, it has substantial long term consequences for the left behind parent, the family, and society. When a child is abducted internationally, the difficulties are compounded for everyone involved. The U.S. Department of State places the highest priority on the welfare of children, and is deeply committed to assisting children and parents involved in these cases. As part of their efforts, the Office of Children’s Issues maintains the Attorney Network. As the U.S. Central Authority for the 1980 Hague Convention on the Civil Aspects of International Child Abduction, the U.S. Department of State’s Office of Children’s Issues helps parents find legal representation to pursue remedies available under the Convention. The attorneys who join the Attorney Network, such as Attorney Pascazi, share a commitment to helping parents pursue recovery of their children, as well as a commitment to implementing the Convention. If you believe that you need help in the area of International Child Abduction do not hesitate to contact Attorney Pascazi for a Free Initial Consultation. April 14, 2010: Attorney Pascazi settles a malicious prosecution suit which he commenced against another attorney. Attorney Pascazi, years ago, sued another attorney for unlawfully collecting a fee. That suit was settled. As part of the settlement, opposing counsel was ordered to inter alia turn over certain files to Attorney Pascazi. When Attorney Pascazi went to pick up those files at the appointed date, time, and place he was met with demands for the execution of various receipts. Attorney Pascazi removed half of the files, and was then barred from removing the balance. Opposing counsel then threatened to call the police and charge Attorney Pascazi with Petit Larceny. Attorney Pascazi responded that such would not be a good idea. True to his word, opposing counsel called the police and the police charged Attorney Pascazi with Petit Larceny. Attorney Pascazi was processed, and arraigned. At arraignment a motion was made to dismiss the charges with prejudice, because the court ordered settlement relinquished the files back to Attorney Pascazi. You can't steal your own property. The Assistant District Attorney consented to the motion and the judge dismissed the charges with prejudice. The proceeding lasted about 3 minutes. In the interim, opposing counsel filed for Bankruptcy protection, and received a discharge. Fortunately for Attorney Pascazi, opposing counsel failed to list Attorney Pascazi's claim in his bankruptcy schedules. Therefore, Attorney Pascazi's claim was never discharged in bankruptcy. Attorney Pascazi subsequently sued opposing counsel for malicious prosecution, relating to the afore described outrageous conduct (Supreme Court Orange County, Justice Lubell). Today, the case was settled; with opposing counsel agreeing to pay Attorney Pascazi monies, and agreeing to turn over the balance of the files which opposing counsel still has in his possession. The lesson to be learned: Think before you act or react. Don't make rash decisions. They come back to haunt you. March 22, 2010: The Pascazi Law Offices successfully challenged the frivolous pleadings of opposing counsel in New York State Supreme Court, and won a sanctions payment for its client as follows: The Pascazi Law Offices, as Plaintiff's attorney, was faced with pleadings, received from opposing counsel, on a motion to re-argue and renew, that were clearly frivolous, as a matter of law. Attorney Pascazi felt that Plaintiff, his client, should not have to bear the expense of dealing with frivolous papers. Attorney Pascazi brought a cross motion, on behalf of Plaintiff, seeking sanctions. Plaintiff's cross motion seeking sanctions was granted by the Supreme Court Putnam County (Justice Nicolai), and opposing counsel was directed to pay monies to the Pascazi Law Offices PLLC, for the benefit of the Pascazi Law Offices’ client. Fortunately, or unfortunately, depending upon how you look at it, the underlying case was settled by the parties, and no sanctions payment was ever made. The Pascazi Law Offices PLLC vigorously defends its clients against the frivolous conduct of opposing counsel, which is unfortunately all too common in today’s proceedings. Frivolous conduct in litigation serves no useful purpose. It only serves to delay, and multiply the litigation, as well as drive up the costs of litigation needlessly. If you believe that you are the target of frivolous litigation, and have questions, feel free to contact us for a free initial consultation. February 4, 2010: The Pascazi Law Offices successfully challenged the frivolous pleadings of opposing counsel in New York State Supreme Court, and won a sanctions payment for its client as follows: The Pascazi Law Offices, as Plaintiff's attorney, was faced with pleadings, received from opposing counsel in a defamation suit, that were clearly defective, as a matter of law. Attorney Pascazi promptly notified opposing counsel of the defects and rejected the papers. Opposing counsel did not correct the papers, but rather did nothing. Attorney Pascazi felt that Plaintiff, his client, should not have to bear the expense of dealing with defective papers. Attorney Pascazi brought a cross motion, on behalf of Plaintiff, seeking inter alia sanctions. Plaintiff's cross motion seeking sanctions was granted by the Supreme Court Putnam County (Justice O'Rourke), and opposing counsel paid monies to the Pascazi Law Offices PLLC, for the benefit of the Pascazi Law Offices’ client. This was not the first award of sanctions against an opposing attorney, for frivolous conduct in litigation, awarded to Attorney Pascazi. Opposing counsel in a suit in New York State Supreme Court Orange County prematurely filed a Demand for a Note of Issue. Attorney Pascazi requested that the Demand be withdrawn. Opposing counsel refused to withdraw his Demand. Attorney Pascazi recognized the Demand as unlawful, and frivolous. Attorney Pascazi commenced a motion seeking to strike the Demand, and impose sanctions against opposing counsel. The motion was fully briefed, and the court (Justice McGuirk) ultimately awarded Attorney Pascazi $400.00 in sanctions, paid by opposing counsel. The Pascazi Law Offices PLLC vigorously defends its clients against the frivolous conduct of opposing counsel, which is unfortunately all too common in today’s proceedings. Frivolous conduct in litigation serves no useful purpose. It only serves to delay, and multiply the litigation, as well as drive up the costs of litigation needlessly. If you believe that you are the target of frivolous litigation, and have questions, feel free to contact us for a free initial consultation. Should you have any questions or concerns about your legal rights, and/or obligations in any legal matter, or transaction, do not hesitate to contact the Pascazi Law Offices for a free initial consultation. Pascazi Law Offices PLLC 1065 Main Street, Ste. D, Fishkill, New York 12524 U.S.A. Ph: +1 845.897.4219 / Fax: +1 845.468.7117* E-mail:Info@pascazilaw.com* *Service Not Accepted by Fax or E-mail 22 Avenue Pierre Köenig, 95200 Sarcelles [Paris] FRANCE** Tél: +33 9.77.21.86.40 **Service Américain Non Accepté Ici We are required by IRS Circular 230 to inform you that any statements contained herein are not intended or written to be used, and cannot be used, by any taxpayer, for the purpose of avoiding any penalties that may be imposed by U.S. Tax Law. The content of this website is not, and is not intended to be, legal advice. Each case is based upon its own unique facts and circumstances which must be addressed on their own merits. Past performance is no guaranty of future success. Copyright 2011 - Pascazi Law Offices PLLC. All Rights Reserved. This site contains trademarks that are the property of their respective owners. Hosted by Yahoo! Site Terms of Use Agreement |
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