Sunday, August 23, 2009

Installation #5

emani Pamela taylor has stolen money from Judge Phillip’s estate and disbursed it among her mother, daughter Charisse Howell, and son Daniel Howell.  Jarris Howell only got a crumb while the other two needed more.  Charisse got a house from Judge Phillip’s that was taken away and if it were not for the brownstone Emani continues living in today with your possessions, what little of your possession she has left would not be here today. 

Emani has upset many houngans who use white magic with her careless mistakes.  For example, emani forgot to mention that you were not the only person who belonged to those items in the truck and when they impounded the car someone else accused her of stealing only she did not only steal the truck she stole the license plate number and the guitar and the phone that you took off of the charger when you returned home from longon this time around there is no mistaken who died and who is alive today to write about that.  Careless actions on emani’s part make many powerful houngans care less about her ill gotten fortune and more about where she will live in the next two years when you take the time to write where, when, this happens to be living in you are only given one gift to write and think about helping yourself only no one else okay don’t even give one cent to anyone other than you be selfish

 

Emani is no longer welcome in the house of Baron Samedi by his wife alone who has influence over the ill-gotten fortune.  Black chickens are sacrificed to the wife of Baron Samedi.  It is not of consequence to anyone other than you Emani who are there to be.  When the bones of the fossil breaks her back to create a living sacrifice it only lets us know who is really the zombie and who is really the one living in another world where there are no bones yet this time around we see how easily this is the subject of discussion on the internet with no retaliation.  There is something to be said about that and what is done is done and what is not done is not done and she has no time to second guess so she just wants to forged straight ahead and hammer away at the amount of ill-gotten funds used to pay the bokor who refuses to forge at this time, not saying four years isn’t enough saying forteen is way to young to yes that did occur and that did happen before but what about today three to ten is a different element never before considered and only leads emani back to zero no title of authority very little money and finished.  Did you understand my language?  That had to come out really slow to ensure that you did hear us. 

SUPREME COURT, APPELLATE DIVISION

FIRST JUDICIAL DEPARTMENT

Richard T. Andrias, Justice Presiding,

Eugene Nardelli

Luis A. Gonzalez

John W. Sweeny, Jr.

Bernard J. Malone, Jr., Justices.

---------------------------------------x

In the Matter of Emani P. Taylor

(admitted as Emani Pamela Taylor),

an attorney and counselor-at-law:

   Departmental Disciplinary Committee M-5482

   for the First Judicial Department,

Petitioner,

   Emani P. Taylor,

Respondent.

---------------------------------------x

Disciplinary proceedings instituted by the Departmental

Disciplinary Committee for the First Judicial Department.

Respondent, Emani P. Taylor, was admitted to the Bar of the State

of New York at a Term of the Appellate Division of the Supreme

Court for the Fourth Judicial Department on July 17, 1997.

Thomas J. Cahill, Chief Counsel, Departmental

Disciplinary Committee, New York

(Andral N. Bratton, of counsel), for petitioner.

Respondent pro se.

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M-5482 — November 5, 2007

IN THE MATTER OF EMANI P. TAYLOR, AN ATTORNEY

Per Curiam

Respondent was admitted to the practice of law in the State

of New York by the Fourth Judicial Department on July 17, 1997,

under the name Emani Pamela Taylor.  At the times relevant to

this proceeding, respondent maintained an office for the practice

of law within the First Judicial Department.

The Departmental Disciplinary Committee seeks an order

pursuant to 22 NYCRR 603.4(e)(1)(i) and (iii) immediately

suspending respondent from the practice of law based upon her

willful failure to cooperate with the Committee in its

investigation of allegations of professional misconduct and other

uncontested evidence of misconduct which immediately threatens

the public interest.  

In October 2006, the Departmental Disciplinary Committee was

notified by the Grievance Committee for the Second and Eleventh

Districts that Justice Michael L. Pesce had issued an order to

show cause in the Matter of John Phillips, an Incapacitated

Person (Supreme Court, Kings County, Index No. 108298/00)

regarding respondent’s role as former guardian of John Phillips,

a retired Brooklyn judge.  Respondent served as Mr. Phillips’s

guardian from September 2003 to September 2006 and was permitted

to resign as guardian pending a proceeding that sought, among

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other things, to remove her as guardian.  James Cahill, Esq., was

appointed successor guardian and within days brought the

aforementioned order to show cause alleging, among other things,

that respondent had failed to account for significant assets

belonging to the guardianship and that she had written numerous

checks to herself from the guardianship account without leave or

authority from the court.

On October 6, 2006, the Kings County District Attorney’s

Office opened an investigation into whether respondent had

stolen, embezzled or improperly obtained money from the assets of

Mr. Phillips (he owned property worth several million dollars).

On October 30, 2006, Justice Pesce granted the District

Attorney’s request to share with the Committee documents and

records it had obtained in relation to its grand jury

investigation.  During November 2006, the Committee had several

conversations with the prosecutor’s office and the successor

guardian and received complete copies of the guardianship bank

account records for September 2003 to October 2006, as well as

copies of bank records for respondent’s IOLA account.  The

guardian, Mr. Cahill, also provided pleadings in the civil

proceeding and advised the Committee that the identical issues

were pending before Justice Pesce.

On November 28, 2006, the Kings County District Attorney’s

Office notified the Committee that although the evidence did not

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demonstrate that respondent committed a crime, “she may well have

violated rules governing an attorney’s conduct” and, therefore,

referred the matter to the Committee to take whatever action was

necessary. 

Although the Disciplinary Committee often closes

disciplinary files pending the completion of civil litigation,

here, in light of the seriousness of the allegations against

respondent, it decided to keep the file open notwithstanding the

civil case pending before Justice Pesce.  From December 2006 to

May 2007, the Committee, through contact with the successor

guardian, monitored the progress of the Kings County civil

proceeding.

By May 2007, Mr. Cahill advised the Committee that the civil

proceeding was not proceeding apace.  Therefore, the Committee

wrote respondent on May 22, 2007, requesting her to specifically

address allegations of her wrongful taking of funds from the

guardianship account and “the fate of the $696,000 from the sale

of the 132-136-140 Herkimer Street Property.”  The Committee

enclosed with its letter all prior bank statements and pleadings

it had received and asked respondent to answer by June 30, 2007.

Respondent failed to respond to the Committee’s letter.  When the

Deputy Chief Counsel to the Committee returned from a medical

leave, he wrote to respondent on August 9, 2007 and, noting her

failure to cooperate, requested her to fully comply with the

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Committee’s May 22 letter by August 24, 2007, or else she would

face a motion seeking her interim suspension.

On or about August 28, 2007, respondent sent the Committee a

copy of her “reply to the objections to the Final Accounting” she

had submitted in the civil matter on August 4, 2007.  That

submission, however, was non-responsive to the specific questions

posed by the Committee in its previous correspondence.  For

example, on the issue of her wrongful taking of fees, respondent

referred to a March 25, 2004 order which she “drafted and

followed”; however, that order directed the sale of the

aforementioned Herkimer Street property and did not address or

authorize her to release any funds from the guardianship account

for attorneys fees or expenses.

Following receipt of respondent’s submission, the Committee

learned that, on June 1, 2007, Justice Pesce appointed Seth E.

Coen, Esq., to prepare and submit a final accounting for the

period during which respondent served as guardian -- September

2003 to September 2006.  In his affirmation attached to a motion

for judicial settlement of final account dated June 20, 2007, Mr.

Coen detailed respondent’s misconduct, mistakes and neglect.  He

began by stating, “[d]ue to the combination of incomplete

records, poor recordkeeping and the lack of cooperation from the

former Interim Guardian of the Property, Emani P. Taylor, the

Final Account as submitted represents a reconstruction to the

 Mr. Coen’s final account also reveals that four family

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members of respondent were paid money from the guardianship

account allegedly for services provided.  For example,

respondent’s mother was paid as a self-styled “nurse in charge”

of Mr. Phillips.  The final account also indicates possible

missing pension deposits and establishes that for the three years

that respondent was guardian, no tax returns were filed, to the

financial detriment to Mr. Phillips’s estate.

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best of my ability from the proofs and records available to the

preparer.”  Most relevant to the Committee’s present motion is

Schedule G attached to Mr. Coen’s motion, which was prepared at

the court’s direction and shows that respondent, without court

order, helped herself to $327,491.23 in the guardianship account

from October 24, 2003 to August 8, 2006.  Of that amount, more

than $200,000 was in the form of checks written to herself as

“retainer” or “legal fees,” more than $69,000 was issued either

to herself or to “cash” with references to expenses, and more

than $57,000 were withdrawals made without the use of checks.

The Committee contends that on its face, respondent’s activities

violated DR 1-102(A)(4), (5) and (7), and DR 9-102(A), (B)(2) and

(E).  Attached as Exhibit H to the Committee’s present motion is

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a copy of respondent’s August 10, 2007 “Affirmation of Legal

Services” she filed with Justice Pesce wherein she requested a

total of $853,100 in legal fees.  Nowhere in this affirmation did

she advise the court that she had already withdrawn from the

guardianship account for her own use more than $327,000.

Accordingly, by certified letter dated September 12, 2007,

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the Committee confronted respondent with Mr. Coen’s final

account, her August 10, 2007 Affirmation of Legal Services, and

the fact that her previous submission was non-responsive to the

Committee’s previous questions and gave her --

a final opportunity to address the clear

allegations that 1) You converted to your own

use without authority $327,491.23 of funds

belonging to the Guardianship and 2) You

failed to advise the Court in your August 10,

2007 Affirmation of Legal Services that you

had already withdrawn the above amount for,

among [other] things, purported “legal fees.”

I advise that your failure to furnish a full,

satisfactory response to these issues by

October 1, 2007 will result in this office’s

filing a motion, pursuant to 22 NYCRR

603.4(e)[1](i) and (iii) for your

immediate[,] indefinite suspension from the

practice of law based both upon your lack of

cooperation and uncontested evidence of

misconduct.

The Committee now seeks respondent’s immediate suspension

from the practice of law based upon her pattern of non-

cooperation and uncontested evidence of her serious professional

misconduct that threatens the public interest.  The Committee

contends that respondent’s unresponsiveness to specific inquiries

regarding her alleged wrongful taking of funds can only be

interpreted as a deliberate and willful attempt to impede the

Committee’s investigation (Matter of Spiegler, 33 AD3d 187

[2006]).  Furthermore, the Committee maintains that respondent’s

uncontradicted conversion of guardianship funds without court

authority and her failure to advise the court of her previous

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taking of “legal fees” constitutes uncontested evidence of

professional misconduct warranting her immediate suspension

pursuant to 22 NYCRR 603.4(e)(1)(iii), regardless of the fact

that a civil proceeding is still pending (Matter of Tannenbaum,

16 AD3d 66 [2005][attorney who took estate money for “fees” was

immediately suspended]; Matter of Pape, 10 AD3d 40 [2004]).

In her affirmation, dated October 29, 2007, in opposition to

the Committee’s motion, respondent, who is appearing pro se,

denies converting guardianship funds to her own use.  Rather, she

claims that:  1) she reasonably relied upon the March 25, 2004

order signed by Justice Pesce (and drafted by respondent) as full

authorization to withdraw funds from the guardianship account in

unspecified amounts for legal fees; 2) she disputes Mr. Coen’s

finding that she depleted the sum of more than $327,000 from the

guardianship account; 3) she claims the Kings County court was

already on “judicial notice” that she had withdrawn funds for

legal fees, therefore she did not have to mention it in her

subsequent affirmation for legal services; and 4) the issue of

reasonableness of her actions is already before Justice Pesce and

therefore this Court should not take any action.

Respondent claims that she believed she had authorization to

pay herself and other “workers” guardianship funds because at a

court conference on February 11, 2004, Justice Pesce told her to

draft an order about the sale of real property and “provide for

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some payment of fees.”  She then points to the March 25, 2004

order she drafted entitled “Order Directing Sale By Publication

and For Attorney Fees.”  However, a reading of that order shows

that Justice Pesce gave permission for the sale of the Herkimer

Street property and directed respondent to:

provide to this Court an accounting of the

disperse [sic] of funds which shall include

but not limit the execution [of] all

documents necessary in connection with the

renovation, of the garden floor, parlor

floor, roof and basement of the Incapacitated

Person’s home... and the compensation to

appropriate health care professionals for the

personal companion as well as for the private

24 hour private care and housing for the

Incapacitated Person (emphasis added).

Although not one word of the order addresses the issue of

attorney’s fees, respondent avers that it was her “interpretation

that this Order permitted Respondent to include herself in the

laundry list of persons and authority ‘which includes but not

limits’” the people to be paid.  However, any interpretation that

the court order gave respondent unfettered permission to withdraw

guardianship funds strains credulity.

Next, although respondent disputes Mr. Coen’s finding that

she depleted the sum of more than $327,000 from the guardianship

account she provides this Court with no alternative figure.

Indeed, the Committee points out, in reply, that when it wrote

respondent on May 22, 2007, it enclosed complete copies of her

bank records pertaining to this matter and asked her for an

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explanation “for all checks written by (you) to (yourself) on

both the Guardianship and IOLA account.”  Yet, respondent has

never given an explanation nor has she even attempted to address

this issue in her current opposition papers.  Likewise,

respondent’s assertion that the court was on “judicial notice” of

funds she had taken which were then in dispute and, therefore,

she did not have to advise the court again in her application for

legal services is very disturbing.  Indeed, the fact that such

funds were taken from the guardianship account by respondent was

first brought to the court’s attention by the successor guardian

and Mr. Coen, not by respondent.  Respondent cannot simply file

an application for attorney’s fees, after the fact, without first

advising the court of the amount she had already awarded herself.

Respondent also contends that this Court should take no

action since the issue of her “reasonableness” is already before

Justice Pesce.  The Committee has already explained that where,

as here, misconduct is clear and is an immediate threat to the

public, the Committee will seek an interim suspension despite

ongoing civil litigation.  Furthermore, the Committee notes that

respondent has not cooperated with the Committee’s investigation

(although she claims she has by forwarding a copy of her reply to

Mr. Coen’s final accounting) and it is uncertain when the Kings

County proceeding will be resolved.

Respondent states that a trial was scheduled for October 30,

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2007 and she is suspicious of the timing of the instant motion.

She complains further that the information sought by the

Committee is duplicative of the information sought by the

successor guardian Mr. Cahill, and it appears that the Committee

has been “spoon-fed” documents by Mr. Cahill.  She also states

that she requested but was denied a chance to meet with Mr. Coen,

rather, she was asked to answer 33 questions that were sent by

mail.  Thus, she claims, his final accounting is inaccurate.

Finally, respondent asserts that she does not pose a danger to

the public and presently does not hold any client funds for any

pending matter.

An attorney who is the subject of an investigation by the

Disciplinary Committee of professional misconduct may be

suspended from the practice of law, pending consideration of

charges against the attorney, upon a finding that the attorney is

guilty of professional misconduct immediately threatening the

public interest.  Such a finding shall be based upon the

attorney's failure to comply with any lawful demand of this Court

or the Departmental Disciplinary Committee made in connection

with any investigation or other uncontested evidence of

professional misconduct (22 NYCRR 603.4[e][1][i] and [iii]).

Although respondent claims she has cooperated with the

Committee’s investigation, she has not.  Respondent did not

answer the Committee’s May 22, 2007 letter which asked her to

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explain her withdrawal of funds from the guardianship account

even though she was provided with all of the pertinent bank

documents she needed to answer those questions.  Nor did she

respond to a follow-up letter.  The only document she did provide

was non-responsive insofar as it was her reply to the objections

in the final accounting in the Kings County matter.

In addition, the final accounting by Mr. Coen (although

based upon “incomplete records [and] poor recordkeeping”)

provides uncontested evidence that respondent has committed

misconduct that threatens the public interest (Matter of Goldman,

7 AD3d 18 [2004]; Matter of Adelman, 263 AD2d 160 [1999].  At a

minimum, respondent withdrew funds from the guardianship account

as legal fees without court permission, at worst, she

intentionally converted guardianship funds.  While respondent was

entitled to be compensated for the work she performed for three

years, self-help to guardianship funds is not the way to proceed.

Moreover, the final accounting raises several other questions

regarding respondent’s tenure as guardian including why several

of her relatives were compensated for “services” they allegedly

provided, where did the escrow deposit from the sale of estate

property go, whether pension and/or Social Security monies are

missing from the guardianship estate, and why respondent failed

to file tax returns for the estate.

Accordingly, inasmuch as respondent has failed to

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meaningfully controvert the evidence of professional misconduct

against her, and based upon her lack of cooperation with the

Committee’s investigation, the Committee’s motion should be

granted and respondent suspended from the practice of law,

effective immediately, and until such time as disciplinary

matters pending before the Committee have been concluded, and

until further order of this Court (22 NYCRR 603.4[e][1][i] and

[iii]).

All concur.

Order filed. [December 27, 2007]

 

 

Brigitte

The loa who represents money and who has special influence over black magic and ill-gotten fortune.  She is also the wife of Bron Samedi and is analogous to the Catholic St. Brigid.  Brigitte lives in a tree in the cemetery and dresses in purple.  Black chickens are sacrificed to her.

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