THE GEORGE SASSOWER, ESQ. LEGACY PROJECT --
Was he correct, on the facts & on the law?

 

Sassower v. Sheriff of Westchester County 
September 25, 1986 habeas corpus petition (SDNY -- 86 Civ 7403 (DNE)

October 2, 1986 referral to Magistrate Nina Gershon for report & recommentation

Sassower's October 12, 1986 letter to Judge Edelstein & Magistrate Gershon

, 
Magistrate Gershon's November 24, 1986 report & recommendation

Appellate Division, First Dept's June 24, 1986 decision/order in In re Barr, 121 A.D.2d 324 
(Kupferman, Fein, Lynch, Milonas, Ellerin)
"...Accordingly we have directed that [Sassower] be incarcerated for thirty days...".

"Petitioner's appeal to the New York Court of Appeals [of AD's June 24, 1985 decision/order] was dismissed 'upon the ground that the order appealed from does not finally determine the proceeding. . . .' In the Matter of Barr v. Sassower, 68 N.Y.2d 807, ___ N.Y.S.2d ___, 498 N.E.2d 437 (1986). Although the Court of Appeals dismissed petitioner's appeal without reaching the merits, petitioner fairly presented to that Court the same factual and federal constitutional claims he raises here. That the Court of Appeals declined to hear the appeal from the criminal contempt finding which led to petitioner's incarceration, apparently because the underlying civil action was not final, does not foreclose federal review of that incarceration, which is presently ongoing. The State's highest court was given the opportunity to address the claim. Whether or not it chose to do so, the comity rationale of the exhaustion requirement has been met. I find that petitioner Sassower has exhausted his state remedies. Daye v. Attorney General, 696 F.2d 186, 191 (2d Cir. 1982) (en banc). For the reasons set forth below, I recommend that the petition for a writ of habeas corpus be granted.

Matter of Barr

May 1, 1985 Report of Special Referee Donald Diamond, relying on:

Justice Sinclair's February 1, 1982 order disqualifying Sassower

Justice Gammerman's January 23, 1993 permanent injunction

Receiver's motion to punish Sassower for 64 counts of criminal contempt

Justice Martin Evan's April 5, 1985 referral to Special Referee Diamond


Justice Evan's adopted findings of Report on November 22, 1985,
but denied, with leave to renew, recommendation for fine & jail

Justice Evan's January 21, 1986 order denying renewal

reversed by First Dept's June 24, 1986 decision/order

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Judge David Edelstein's December 4, 1986 decision

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2nd Circuit Court of Appeals -- #86-2458

AG's March 10, 1987 brief of intervenor-appellant

Sassower's March 30, 1987 appellee brief

Sassower's April 5, 1987 memorandum "Motions Apr. 7, 1987"

2nd Circuit's June 19, 1987 Order
(Van, Pratt, Miner)

Sassower's June 21, 1987 motion form with affirmation

Sassower's June 21, 1987 memorandum

Sassower's July 4, 1987 recusal affirmation

2nd Circuit's July 15, 1987 decision, 824 F.2d 184

2nd Circuit's July 15, 1987 denial of motion 

 

 

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