To the Editor:

New York State Supreme Court Justice David Demarest is a powerful man.  So powerful, in fact, that he can make a court case just disappear.  He can say a court case was settled, when it never was, even if he never met with the representation for that case to discuss a settlement.  Even if there is absolutely no paperwork to support his claim, he doesn’t have to worry about it.

I’m referring to two separate cases, one for shoddy construction, and one for the fraud uncovered during “Discovery” in the shoddy construction case.  Separate cases, with distinctly separate representation, different Index numbers, even different parties!

On February 27, 2006, Judge Demarest gave us his word that a settlement in the shoddy construction case would not affect the fraud suit.  He acknowledged in the Court Record that the fraud case was still in existence with these words, “and you have another case. . . ”

Since the fraud suit was far more important to us than the shoddy construction issue, we settled the latter, relying on Judge Demarest’s word that the fraud case would continue, confident that our evidence of fraud would reach a jury.

Four months later, on June 29, 2006, in his Decision, Judge Demarest wrote that the fraud case had been settled as well.  Poof! Just like that, Judge Demarest made it disappear.  It was so easy for a busy judge to sweep his desk clean, even though this issue has taken up more than ten years of our family life.

What he did wasn’t fair, wasn’t right, and in my opinion it was illegal.  The Appellate Division chose to ignore the issue–the rights of an individual proceeding pro se weren’t important enough for them to bother considering.  The point is, if it could happen to us, it could happen to anyone under David Demarest’s jurisdiction.  It could happen to you, regarding the most important issue of your life.

In my opinion, it is a shame that David Demarest is running unopposed for re-election as Supreme Court Justice.  In my opinion, he doesn’t deserve the title “Honorable.”

To view this letter with backup documentation, please go to

http://www.constructionmismanagement.org/whereisyourhonor.html