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45 East Oneida Street Attorney Grievance Committee I am currently involved in an appeal arising from a Divorce/Custody Judgment in Supreme Court. I was the defendant in the action, and appeared "pro se". Ms. Maureen Walsh, was my wife's attorney, and Mr. Joseph Lupia, Jr. was appointed as Law Guardian for our young son, Domenic. There was a full trial, and an extensive written record. I was denied any legal custody for our son. I appealed, and the matter was reviewed (and Trial Judgment affirmed) by the Appellate Division in Rochester. An appeal is currently pending to the Court of Appeals. I am deeply disturbed by the conduct of two of the attorneys in this matter, and wish to bring the information to your attention for review and potential action. I feel their behavior has been unethical, and at certain times potentially illegal. I realize how difficult it can be sometimes be to confirm/deny allegations of this type, but in this case I think the record is clear and you will have direct reference to documentary or other evidence as you conduct your review. As part of this package I have included the Appellate Brief's submitted by all parties, which will provide references to the record. I will not repeat that material here. Specific allegations regarding Ms. Walsh. In my attached "Reply Brief for Defendant-Appellant", pages 4-11, I quote several statements made by Ms. Walsh in her Brief to the Court, also attached. There are additional allegations of distortion on pages 13-16. As you read these statements I hope you will find they are deliberate attempts at deception, and not to be tolerated, certainly at the Appellate Level. Indeed, Justice Pine, the presiding Judge, questioned Ms. Walsh about "making representations in her brief that were not supported by the record," and did not seem very pleased with the conduct. However, this conduct was not mentioned by the Court in the memorandum issued as part of their decision. Specific allegations regarding Mr. Lupia In my attached "Brief for Defendant-Appellant", pages 39-45, are my documented concerns regarding his bias during the proceeding, and failure to follow guidelines as he represented our son Domenic. I have also attached his brief statement to the Appellate Court, upon his review of the Brief's submitted by both sides, and in which he fully concurs with the Reply Brief submitted by Ms. Walsh - again, a failure to do his duty. I believe the conduct by both of these individuals was deliberate, and had very
unfortunate consequences. All the record material is available from the Appellate
Division, please do not hesitate to contact me if you have any questions. You may contact
me at either home (315-638-7426) or work (315-695-1301). John Murtari Attachments:
CC: Mr. Joseph Lupia, Jr., Esq. |
