THE GEORGE SASSOWER, ESQ. LEGACY PROJECT --
Was he correct, on
the facts & on the law?
Raffe v. Feltman
APPEALED-FROM June 26, 1985 Order
of NYS Supreme Court Justice SAXE
Appellate
Division, First Dept
Sassower's July 15, 1985 Brief
Appendix
Sassower's August 22, 1985 Reply Brief
Appellate Division, First Dept's Sept 17, 1985 affirmance
#24070 -- SAXE
NY
Court of Appeals
Sassower's September 20, 1985 Notice of Appeal
Sassower's September 24, 1985 Jurisdictional Statement
Court of Appeals' October 2, 1985 sua sponte
jurisdictional inquiry
November 21, 1985 order dismissing the appeal,
66
N.Y.2d 914, 915
Appellate Division, First Dept's Sept 17, 1985
affirmance #24069 -- KLEIN
,
* * *
LaPier v. Deyo, 100 AD2d 710 (1984) -- cited to
at p. 5 of appeal brief
"Judicial immunity is lost when a Judge acts in clear
absence of jurisdiction ( Stump
v Sparkman, 435 U.S. 349, 355-356; Sassower
v Finnerty, 96 A.D.2d 585, 586).
Section 14 Jud. of the Judiciary Law forbids a Judge..., and
a decision rendered in violation of section 14 is void ( Oakley
v Aspinwall, 3 N.Y. 547; Casterella
v Casterella, 65 A.D.2d 614).
We hold, as a matter of law, that defendant Ernest Deyo was
not entitled to judicial immunity for the actions which
plaintiff has alleged in his complaint."
113
A.D.2d 1038