[NYtenants-online] Shlomo Hagler Cries Foul, but his Victims Speak Out

[Tenant]

NYtenants Online/TenantNet                                 9/5/03
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IN THIS ISSUE ...

1. Shlomo Hagler gets bent out of Shape
2. Victims of Hagler speak

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IT"S NOT MY LANDLORD MONEY, IT"S YOUR STATIONARY

EVER SINCE The Villager's August 27th article appeared detailing the 
charges of ethical misconduct against Housing Court Judge and Civil Court 
candidate Shlomo Hagler, both Hagler (and reportedly his mentor Assembly 
Speaker Sheldon Silver) have been on a rampage. First Hagler's campaign 
falsely claimed that Harvey Epstein (one of the complaint letter's signers) 
was really on an opponent's campaign. Epstein dispelled that nonsense in a 
Letter to the Editor in this week's Villager (see below, original at 
http://www.thevillager.com).

Then they claimed that Legal Aid had disavowed the complaint letter. Not at 
all. The 'missing' Legal Aid letter -- that Hagler is now using to claim 
it's all dirty political tricks -- took a week to surface, but it really 
stated that Legal Aid had not taken a position on the election. No one said 
they did. Hagler complained to Legal Aid (the agency depends on funding 
from Silver) that the complaint letter was being used to smear him. But the 
complaint letter wasn't made public until almost a week (8/27) after Hagler 
made that charge to Legal Aid.

Much of Hagler's tactics appear to come from his highly paid 'political 
trickster' Hank Sheinkopf. Sheinkopf is also working for landlord judicial 
candidate Dawn Jimenez in Brooklyn and has strong ties to the corrupt 
Brooklyn political machine.

But it is really Hagler's attempt to deflect that fact that his hands got 
caught in the landlord's cookie-jar and that he was refusing to disclose 
and recuse himself from cases where his landlord attorney buddies appeared 
in front of him. In our opinion, those who signed the letter (including 
TenantNet) had an obligation to to raise these ethics and campaign law 
violations with the Court Supervising Judges.

WE STRONGLY FEEL THAT SHLOMO HAGLER IS UNFIT FOR THE BENCH (see letters 
from his victims below). In fact, we are encouraging Lower East Side 
tenants to download, print, post and distribute the "SAY NO TO SHLOMO 
HAGLER" flyers. We know other LES tenants are already putting out their own 
'No Hagler' material, but the truth about this Landlord schill needs to get 
out to potential voters. Hagler reportedly is putting up full color posters 
all over the Lower East Side (which illegally show him in judicial robes). 
He's also pulling out a few cases where he hadn't completely decimated 
tenants attempting to show he is not pro-landlord. But when you look at the 
cases he cites, they're laughable; not even Joe Bruno would evict in those 
circumstances.

Get the flyers at: (post them in your building and block)
http://www.tenant.net/alerts/judges/2nddist2003/Hagler/nosh.pdf
http://www.tenant.net/alerts/judges/2nddist2003/Hagler/nosh2.pdf

For a gander at the Landlord lawyers supporting Hagler, see:
http://www.tenant.net/alerts/judges/2nddist2003/Hagler/Hagler%20fundraiser%20LL%20attys.txt

FYI, TenantNet has not endorsed any of Hagler's opponents, although we may 
do so prior to the primary. TenantNet is not part of any political campaign 
or political organization. Whatever we have put out on TenantNet has not 
been seen by, cleared by or approved by any of Hagler's opponents.


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VICTIMS OF SHLOMO HAGLER SPEAK OUT
(some letters have been edited for length)
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Note: Judge Hagler did not preside over the underlying matter brought by 
the landlord, but when the landlord came back to court seeking $40,000 in 
legal fees, the tenants were forced to contend with Hagler as the letter 
indicates. More on these tenants is at: 
http://www.villagevoice.com/issues/9850/lobbia.php

Remembers treatment by judge
The Villager
http://www.thevillager.com/villager_19/letterstotheeditor.html

To The Editor:

Re "Tenant activists attack Civil Court candidate" (news article, Aug. 27):

Thank you so much for your insightful and informative article on Judge 
Shlomo Hagler.

I am a rent-stabilized tenant who had the terrible misfortune to go before 
Judge Hagler in landlord/tenant court recently. From the moment I entered 
Hagler's courtroom I was treated with contempt while the landlord and his 
lawyer were treated like dear friends of the judge.

My landlord had attempted to evict me -- I have lived in my studio 
apartment for 27 years -- but he lost the eviction. He then took me back to 
court to sue me to pay his legal fees. We went before Judge Hagler who 
announced that he was going to reinterpret my lease so I had to pay my 
landlord's legal fees. Hagler said he was doing it because he wanted to see 
his name in The Law Journal. His name hadn't been in for a few years.

As Judge Hagler awarded my landlord $17,500 in legal fees he smiled at me 
and said, "Sorry."Hagler is doing all he can to end affordable housing and 
he is bought by the special interest group, the landlords. Hagler 
represents everything that is wrong with the judicial process. Believe me 
-- I know.

Darlene Margeta


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Note: in last week's Villager, Hagler's campaign falsely claimed Harvey 
Epstein, one of five signers of the letter of complaint regarding Hagler's 
ethical conduct, was working on an opponent's campaign. Epstein denies this.

Not on Nervo's election committee
http://www.thevillager.com/villager_19/letterstotheeditor.html

To The Editor:

I was disturbed to read the portion of the your article "Tenant activists 
attack Civil Court candidate" (news article, Aug. 27) quoting Shlomo 
Hagler's campaign alleging I am on the election committee for Frank Nervo. 
This is just not true. I have not endorsed anyone in this election and am 
not a member of Frank Nervo's election committee. I am a member of CoDA 
which has endorsed Frank Nervo, but besides collecting signatures for CoDA, 
I have not been involved in the campaign. It was inaccurate on the part of 
The Villager to report an allegation by Shlomo Hagler's campaign without 
confirming the allegation. If The Villager had checked with the Nervo 
campaign they would have learned that I am not involved. I am not a member 
of Nervo's election committee, I have not made a personal endorsement and I 
have not made a donation, even though requested to do so. The Hagler 
campaign has confused an ethical issue raised by my office and other legal 
services offices with election politics. The letter raised ethical concerns 
that came to the attention of tenant advocates concerned with the rights of 
unrepresented tenants appearing before Hagler. I cosigned the letter in my 
professional capacity as the managing attorney at a small legal services 
organization. It saddens me that the Hagler campaign has taken such a 
tactic and that The Villager validated this action by printing the 
misinformation.

Harvey Epstein


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Hagler kicked me off council
http://www.thevillager.com/villager_19/letterstotheeditor.html

To The Editor:
Re "Tenant activists attack Civil Court candidate" (news article, Aug. 27):

After reading Lincoln Anderson's insightful piece on Mr. Hagler and his 
dubious court practices, I would like to add another perspective to Shlomo 
Hagler.

A judge is supposed to be understanding, fair, unbiased, equal to all, have 
no personal agenda, have a firm morality and ethical base and be able to 
weigh and balance all the facts in establishing the truth. Hagler is no 
Solomon. Hagler should not be a judge.

Hagler is one of the people who helped engineer the banning of Elsa Rensaa, 
Marcia Lemmon and I at the monthly 7th Precinct Community Council meetings. 
We, the banned trio, were asking questions about crime in our neighborhood. 
Those questions were not being entered into the public meeting record, so 
we decided to make our own record by videotaping our questions and the lack 
of answers.

What Hagler participated in was undemocratic, unlawful, without merit and 
sleazy. I still believe that crime is much higher on the L.E.S. than what 
the statistics claim. We are surrounded with burglaries, robberies, 
stickups, looting, stabbings and murder. Do people really believe the crime 
hype? Ask Hagler what the problem is with asking questions about crime. In 
the recent past Grand St. has even been victim to brutal murders. What is 
the problem with asking questions about crime and making a record?

I had a Civil Court case and had to appear before Judge Schulman and his 
law clerk, at the time Shlomo Hagler. These two assigned a judge to my case 
and I ended up with a Republican Judge from Ithaca who had no understanding 
of New York City at all. To me it really felt corrupt and like they had set 
me up. After reading The Villager article it brought back all the same 
feelings and ideas about the corruption in New York City courts. I must say 
I was shocked to realize that Shlomo Hagler ever made it to be a judge. 
Both Schulman and Hagler are part of Sheldon Silver's elite inner circle.

Clayton Patterson


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To TenantNet, September 3, 2003
 From R.O.
Subject: Schlomo Hagler

I was fighting against racial discrimination in our building and asked 
Judge Hagler to sign a judicial subpoena for Mathew Lauer. He complied. 
Lauer, host of TODAY, hired Gerry Lefcourt who is president of the National 
Criminal Lawyers Association to move to quash the subpoena.

When we appeared in the courtroom, Hagler was stunned to see Lefcourt and 
fell all over himself. When Lefcourt explained his motion, Hagler 
apologized for issuing the subpoena claiming that he had no idea that 
Mathew Lauer was Matt Lauer of the TODAY show! ... Of course I lost, but it 
was good theatre.


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Note: Ms. Halo filed a Motion for Judge Hagler to recuse himself on July 
1st. Hagler failed to disclose his relationship to Joseph Burden (her 
landlord's attorney) and denied Ms. Halo's motion, although the case ended 
up being transferred to another judge. Her letter was sent to the Villager, 
but not printed. Excerpts follow:

Dear Editor:

Re: the Judge Shlomo Hagler controversy:

Judge Hagler failed to mention that I [again] appeared before him on May 
28, 2003, twenty-six (26) days after he officially registered his candidacy 
as per his order, and he told me emphatically he would deny any Motion to 
reargue dismissal. In fact, the May 28 tape will reveal that I had not even 
finished my sentence before Judge Hagler denied a Motion not yet uttered, 
much less made. While finally conceding my right to make the Motion, he 
said he would have it sent right back to him for resolution. On May 28, 
Judge Hagler had still not disclosed his relationship to Joseph Burden, his 
[campaign] committee member and attorney to my landlord.

Tape #65309/ 4890-5854 May 28, 2003. The April 9, 2003 tape will reveal 
Judge Hagler zealously arguing the landlords' case for them, and lying to 
me about the roommate law even after reading it on the record. Tape # 
N64907/2933- April 9, 2003.

As it turned out. Joseph Burden, Esq. of Belkin Burden Wenig and Goldman, 
LLP, the same Joseph Burden who is on Judge Hagler's campaign committee, 
was and is the Chair of the Housing Court Committee, a body largely 
responsible for getting housing court judges appointed and reappointed...

Such unethical behavior by judges who have the power to hold us hostage and 
destroy our lives is unconscionable. Complaining about such offenses is not 
only a citizen's constitutional right, but an obligation. In fact, I have 
horror stories concerning the courts that could fill a book… and will.

Thea Halo


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 From I.C.
August 4, 2002

Dear TenantNet:

I have been in court with my landlord for several years. We have a stip in 
NYC Housing Court until October of this year where I agreed to pay x# of 
back rent and the landlord would do necessary repairs. He has not done the 
repairs but the Judge [Shlomo Hagler] is refusing my right to withhold the 
rent or the payout. He sent the mediator out to tell me he would hear the 
case on the 7th of August but I had to pay for everything, take my case to 
DHCR for the abatement and repairs. (note: DHCR does not give abatements)

My questions to you are -- What would be the reasons the judge would not 
use his power to help me at this time? I am capable of doing the other 
cases, although I do not have a lawyer at this time, but why? Why should I 
have to? The judge CAN do this for me...


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And yet another complaint about Judge Hagler (sent to the Chief 
Administrative Judge)
November, 2001.
 From M.M.

This letter will address several issues concerning NYS Housing Court Judge 
Shlomo S. Hagler, and why I am requesting that my Order To Show Cause ... 
signed by Judge Shlomo Hagler be heard by another judge. Judge Hagler 
presided over my trial back in April 2001. I feel that Judge Hagler did not 
serve this trial in an unbiased manner. He showed no patience, and violated 
my constitutional rights to due process under the law. What follows is a 
brief synopsis of some of the events that have occurred concerning Judge 
Halger:

1) In the Order To Show Cause Judge Hagler without any explanation crossed 
off my request to have answering papers served and a reply, if any be 
returnable and in writing. He also crossed-off my request for a stay of 
re-renting the apartment pending a hearing. This request would not be 
harmful to the petitioner. As my affidavit stated, the building is vacant 
undergoing extensive renovations with no completion date. I am a pro se 
litigant and a response as to why Judge Hagler removed these items from my 
order to show cause is not unreasonable.

2) This case was originally dismissed by Judge Marian Doherty in 1998. 
However, my attorney, at the time, agreed to permit the petitioner to 
present their opposition papers, since the attorney for plaintiff claimed 
the clerk made a mistake. Unfortunately, instead of submitting opposition 
papers to Judge Doherty, petitioner went before another Judge, Maria Milin. 
Judge Milin instead of referring it back to Judge Doherty, restored the 
case to the calendar without vacating Judge Doherty's order... Yet, Judge 
Milin overrode Judge Doherty's decision, and did so without vacating the 
original order. Judge Hagler refused to hear such argument before or during 
trial. I want to know why?

3)  Unbeknownst to me at the time, I appeared in court for what was 
believed to be a hearing, instead it was a trial. At this point, I asked 
Judge Hagler, to grant an adjournment until I could find new counsel. 
However, Judge Hagler denied my due process rights, by refusing to grant an 
adjournment forcing me to stand trial on the very same day, with 
ineffective, unprepared counsel, who could not offer any evidence or 
testimony on my behalf. In addition, Judge Hagler refused to allow me to 
raise any concerns with regard to jurisdiction... This inquest, due to the 
circumstances stated above, concluded in a decision favoring the petitioner.

4)  I appeared pro se in front of Judge Hagler with an Order To Show Cause 
to restore possession based upon the fact that all my earthly possessions 
still remain at the premises in this apartment. I had ineffective counsel 
and  a competent defense which required time to find new counsel. Judge 
Hagler, signed the Order To Show Cause returnable the very next day. 
However, against my wishes, Judge Hagler added to the Order To Show Cause a 
request for access to the apartment to obtain my possessions. At the time, 
I was unsure as to why Judge Hagler added this clause since this was not a 
request of mine. The reason became quite apparent the next day.

When Judge Hagler signed this order, he also stated petitioner's counsel 
Rose & Rose needed to be served before the return date. I pointed out that 
the firm Rose & Rose was not the attorney of record. Judge Hagler searched 
the court file in front of me, and was unable to find a Substitution Of 
Attorney Affidavit. I also pointed out to Judge Hagler that the History of 
Proceedings (the docket) for the court had no record of a substitution of 
attorney. Judge Hagler checked the computer and could not find any 
reference to this so-called Substitution of Attorney Affidavit.  Instead, 
of taking the situation under consideration and staying the warrant until 
further investigation, Judge Hagler crossed off Rose & Rose on The Order to 
Show Cause and wrote in Solomon & Bernstein, the acting attorney for 
petitioner.

5)  Based upon the newly discovered evidence uncovered the day before in 
Judge Hagler's presence, I filed another Order To Show Cause pro se, this 
time asking Judge Hagler to vacate default judgment and restore to the 
calendar due to the fact that the acting attorney did not have the 
authority to act on behalf of plaintiff for failure to file a Substitution 
of Attorney Affidavit with the Court. When I appeared before the court 
clerk to file the second Order To Show Cause, there still was no 
Substitution of Attorney Affidavit in the court docket.

When I appeared before Judge Hagler two things happened: a) the 
Substitution Of Attorney Affidavit miraculously appeared in the court file. 
Judge Hagler claims to have gone back into the file after I left the court 
room the previous day, and found the substitution affidavit. When I asked 
to see this affidavit, I noticed that it was signed by Susan Warnock on 
behalf of Rose & Rose on 8/9/00. I explained to Judge Hagler that it was my 
belief that Ms. Warnock was no longer working for Rose & Rose when she 
signed the affidavit. Therefore, she did not have the legal authority to 
sign this affidavit on behalf of Rose & Rose. Furthermore, the substitution 
of attorney was still not part of the court docket. This was obvious by the 
clerks printout attached to both orders on two consecutive days. However, 
Judge Hagler refused to entertain such a notion, and asked the Ccourt 
Clerk, in his courtroom, to docket the Substitution Of Attorney Affidavit. 
This entry into the docket took place during the hearing, and only after I 
brought it to the attention of Judge Hagler; clearly this is improper.

In addition, Judge Hagler would not consider my plea to restore to 
possession. He ordered me to remove my belongings on just two consecutive 
days between the hours of 9am to 5pm. This was outrageous, extremely 
unorthodox, and impeded my ability to remove my belongings efficiently, and 
more important cost effectively.   Undoubtedly, this was the reason for 
Judge Hagler's addition to my Order To Show Cause. Originally, I had 30 
days to remove my possessions from the premises, and they were reduced to 
two without an explanation or justification by Judge Hagler. Petitioner 
never made such a request. This was simply Judge Hagler using his personal 
discretion, without provocation.

6)  I spoke to Ms. Valerie Reed in the Office of Court Administration. Ms. 
Reed stated that Ms. Susan Claire Warnock registered on 6/28/00 as working 
with the firm of Hockert & Pressman. According to this information, Ms. 
Warnock was not employed by Rose & Rose at the time the so-called 
Substitution Of Attorney Affidavit was submitted to the courts. Therefore, 
she did not have the legal statue to file this affidavit. The bigger issue, 
and positively documented, is the fact that this so-called Substitution of 
Attorney Affidavit was never docketed. So how in the world could it 
possibly be considered submitted to the court within the proper time frame 
for this proceeding? This very document did not exist in the docket until 
after the Warrant Of Eviction was issued. The acting attorney for 
petitioner did not have the legal authority to act on behalf of plaintiff 
when they obtained a Warrant Of Eviction.

These are just a few of the incidents and events surrounding this case. A 
case which illustrates a blatant disregard of my rights and the law. I have 
been given no consideration of the truth and the facts, and witnessed the 
many doors in the court system closed in my face in a most obvious and 
calculated way.
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