Tuesday, September 13, 2011

Borofsky Refuses Relevant Material



In this post I would like to document another example of Borofsky bias and judicial prejudice. Whereas On November 12th Ms. Denny testified her daughter returned home for a summer break then returned to Rochester to take summer classes. She failed to produce any travel records or proof she paid for any travel. Here is her testimony of November 12th 2010.

Q.   Okay.  Uh, spring break in 2010 she was here?
A.   Yes, she came home.
Q.   She came home; and what about in the summer this year?
A.   Uh, she came home and, uh, she took some summer classes.  Um, she came home and then she went back to take some summer classes, and then she came back home.

The testimony above was to offer an excuse as to why Grace Denny failed to return home for summer break to “live” with her mother. Opposing counsel signed there own subpoena and produced records from Monroe Community College, instead of RIT. As such, I drafted my own subpoena to determine if the Petitioner's testimony was truthful as well as to document what type of class(es) were taken. Whereas part time or online classes would not document she was away from home as a full time student.

Borofsky Refuses To Sign Subpoena For Relevant Material

To the extent the petitioner testified her daughter attended classes and her counsel subpoenaed records from the school it would seem reasonable to properly prosecute or defend this matter, I would seek to disprove her testimony or obtain my own material.

On February 2nd 2010 Borofsky had the Baliff return to me the subpoena below and refused to sign it as well as a subpoena to Grace Denny wherein I requested other relevant information. Here is a copy of what I intended to subpoena:

FAMILY COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
___________________________________________________
Marlene Denny File #: 26303
Petitioner Docket #: F-09994-05/09C
-against-
Dwayne Denny JUDICIAL SUBPOENA
Defendant DUCES TECUM (RECORDS ONLY)
____________________________________________________
THE PEOPLE OF THE STATE OF NEW YORK

TO:  Monroe Community College
Attn: Diane M. Cercero, General Counsel
President's Office, Brighton Campus
Perter A. Spina Administration Bldg, BUILDING 1, ROOM 321B
1000 EAST Henrietta Road
Rochester, NY 14623
Phone 585-292-2108

GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you produce to the Family Court of The State of New York, Part ______ Room ______ located at 151-20 Jamaica Avenue Jamaica NY 11432, five days before the _______ day of _________ 20 ______ at 9:00a.m. complete and accurate copies of the following documents, along with the attached notarized Certification for Business Records pursuant to CPLR 3122-a :

• The Official Enrollment Verification form for Grace G. Denny (whose student ID is M0074Redacted).

• Grace G. Denny (whose student ID is M0074Redacted) transcripts for the 2008-2009, 2009-2010 school year.

• Attendance records for all classes attended.

• Curriculum of all classes attended.

• Documentation that sets forth if the classes were online, part time, or full-time.

• Copies of checks, credit card receipts, and statements which document how the classes were paid for.

• Schedules of classes attended.

• Copy of all enrollment applications and any accompanied or attached documents.

Failure to comply with this subpoena is punishable as a contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason of your failure to comply.

You may comply with this subpoena by the production of the items aforementioned without an appearance.

Please take notice that these documents are necessary because they are relevant to the issue of child support in this action.

Your failure to comply with this subpoena is punishable as a contempt of court.

WITNESS, Honorable  _____________________, one of the Support Magistrates of said Court, at 151-20 Jamaica Ave., Jamaica, NY 11432, on the ________ day of ______________, 20____.

SO ORDERED:

______________________________________

Han. ____________________

_______________________________
Dwayne R. Denny
1323 Flaxwood Ave.
Brandon FL, 33511
Attorney Pro Se for the Respondent

Both Marlene Denny and Grace Denny have testified, Ms. Denny gave Grace Denny money as well as purchased Grace computers and refrigerators in 2008, 2009, and 2010. That's a lot of hardware. RIT records produced in October of 2009 documented Grace Denny requested money from the school for a computer in 2009. She later testified at trial she wrote the letter, but denied it was written in 2009. RIT then certified the letter was written in 2009.

They both have claimed they could produce receipts, however no receipts have been produced despite numerous discovery request. To properly prosecute or defend this matter I attempted to disprove their testimony, As the respondent or defense thats my job.

Marlene and Grace have both testified Marlene Denny endorsed to Grace Denny a check for $$4567.36 in October of 2008. The bank had no record of a bank statement for the month that check was allegedly deposited. Despite the fact Borofsky has held many times over he would not hear anything that occurred prior to April of 2009, he allowed the check into evidence, then denied the subpoena below wherein I asked Grace Denny to provide the bank statement documenting the check was deposited in her account. 

I am of the opinion Borofsky (who has had all of my records made returnable to him, is aware of the fact the records produced by Ms. Denny are fraudulent and he is refusing to allow me to prove it.

Ms. Denny testified at trial she wrote he daughter checks in the average amount of $200 every two weeks since Grace Denny began residing in Rochester NY in 2008. Ms. Denny has entered into evidence on $200 worth of checks for 2009, and has only entered into evidence the above referenced check in the amount of $4,567.36, which was to represent all of 2008. Despite the fact she rested her case  on November 12th 2010 and again on February 2nd 2011 (Borofsky gave them a second chance to call witnesses after they rested their case), she failed to enter into evidence any checks for May 2010 to February 2011.

Her is her testimony under direct examination:

A.   I give her about $200 every two weeks, I try every two weeks.
Q.   $200 every two weeks.
A.   Right.
Q.   And why do you give her that money?
A.   Um, for her college expenses, for food, books, um, any accessories she might need for her computer.
Q.   Okay.  And do you usually give her the money in cash, or checks, or some other form?
A.   Uh, I usually write a check, but when she comes home I substitute that with cash.

Here is her testimony during cross examination:

Q.   Have you given your daughter $200 every week since she started attending, or starting residing in Rochester?
A.   I don’t have my, uh, checkbook, so I’m not really for sure what the dates are if it’s specifically two weeks.  So I don’t want to say exactly.  Round about, it’s around about two weeks.  I don’t want you to say it’s every two weeks, specifically.  So, it’s around about within, I try within fourteen days to try to give her something every fourteen days.
Q.   Okay.  And have you retained the copies of those processed pay check --
MS. SHORANICK:  Objection, asked and answered.
Q.   Processed pay stub?
MR. DENNY:  I didn’t ask her if she retained the pay stub --
SUPPORT MAGISTRATE BOROFSKY:  Excuse me,    Mr. Denny, I don’t, I don’t need assistance from you in ruling on objections.  And you can’t argue with the other side.
MR. DENNY:  I’m sorry, Your Honor.
SUPPORT MAGISTRATE BOROFSKY:  Overruled.
A.   Sometimes I give her cash too if she, when she comes home.
SUPPORT MAGISTRATE BOROFSKY:  But, ma’am,   the question was do you have cancelled, keep cancelled checks --
MS. DENNY:  Yes.
SUPPORT MAGISTRATE BOROFSKY:  (Inaudible)?
MS. DENNY:  I have, I have, uh, I can get copies from the bank.

At the time she made that statement I already had in my possession her certified bank statements that clearly document she did not write her daughter checks. Will Borofsky sanction her for committing perjury when thats proven at trial? Just to cover all of my bases I attempted to subpoena the child to document she was actually given checks, in the event they were written from an account Ms. Denny failed to disclose in her FDA. With respect to cash for the times the child was allegedly at home, below is the interrogatory question and response:

Here is the subpoena Borfsky refused to sign for me:


FAMILY COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
___________________________________________________
Marlene Denny File #: 26303
Petitioner Docket #: F-09994-05/09C
-against-
Dwayne Denny JUDICIAL SUBPOENA
Defendant DUCES TECUM (RECORDS ONLY)
____________________________________________________
THE PEOPLE OF THE STATE OF NEW YORK
TO:  Grace G. Denny (To be served upon her attorney)

GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you produce to the Family Court of The State of New York, Part ______ Room ______ located at 151-20 Jamaica Avenue Jamaica NY 11432, five days before the _______ day of _________ 20 ______ at 9:00a.m. complete and accurate copies of the following documents, along with the attached Certification for Business Records pursuant to CPLR 3122-a :

• Copies of the bank statement for the entire month wherein you deposited check number 001116220 on or about October 01, 2008 in the amount of $4567.36.

• Copies of receipts for all food, books, refrigerators, computer(s), and computer(s) peripherals you purchased between August 2008 and March 8th 2010.

• Copies of all of your bank and store credit card statements from April 17th 2010 to March 8th 2010.

• Copies of checks your mother gave you between April 17th 2009 and March 8th 2010 excluding checks numbered 824,825,828,829,831 and 837.

Failure to comply with this subpoena is punishable as a contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason of your failure to comply.

You may comply with this subpoena by the production of the items aforementioned without an appearance.

Please take notice that these documents are necessary because they are relevant to the issue of child support in this action.

Your failure to comply with this subpoena is punishable as a contempt of court.

WITNESS, Honorable  _____________________, one of the Support Magistrates of said Court, at 151-20 Jamaica Ave., Jamaica, NY 11432, on the ________ day of ______________, 20____.

SO ORDERED:

_________________________

Han. ____________________

_______________________________
Dwayne R. Denny
1323Flaxwood Ave.
Brandon FL, 33511
Attorney Pro Se for the Respondent

Given her testimony no just legal argument could be made that the information I attempt to obtain in the subpoenas was not relevant nor necessary given the breadth of the testimony offered at trail. Essentially the court has thrown me into a shark tank with my arms and legs tide, yet expects me to defend myself. 


How could you possibly prosecute or defend a matter when the court magistrate deliberately prevents you from relevant material he knows will undoubtedly impeach the petitioners testimony as well as document she committed perjury. Borofsky clearly demonstrates repeated intentional acts of poor judicial judgement, when combined add up to what I believe is unethical to the extent is poor decisions are all in favor of the Petitioner.



I saved the subpoenas that were returned to me. They have Borofsky's and the bailiffs finger prints on them, which could be later used to document they both physically touched those documents.


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