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People
v. J. S., Suffolk County, County Court and In The Matter of J.
S., 211 AD2d 62, 627 NYS2d 933 (2d Dept. 1995) - Attorney-Defendant
charged with felonies for failing to file State tax returns. This
was part of a sting operation against lawyers statewide. Approximately
45 lawyers throughout the State pled guilty to felony or misdemeanor
charges and were sentenced to 60 days in jail with a surrender
in Albany. Mr. S. was the only defendant statewide to receive
a sentence of no jail following a plea to misdemeanor charges.
Carolyn Colwell, Lawyer Begs For Mercy. An article about Mr. Liotti's
client in Newsday, April 26, 1991.
Kaufman
v. New York State and Nassau County Public High School Athletic
Association, unreported. See Newsday, March 7, 8 and 10, 1978.
Justin Kaufman, a high school swimming star from Manhasset, successfully
sued the defendants to compel his right to compete in high school
competition while he simultaneously competed in Amateur Athletic
Union Competition.
Liotti v. Westbury Water District, unreported. See Newsday, February
26, 1978; The Westbury Times, March 2, 1978 and May 4, 1978. Mr.
Liotti was a non-property owner and although registered to vote,
was denied right to vote in a Special, Water District election
in Westbury. He commenced lawsuit and Water District consented
to change their policies. He then arranged for Assemblyman Lewis
Yevoli (D-Oyster Bay) to sponsor legislation that changed the
New York State Town Law to allow non-property owners to vote in
Special District elections. See Westbury Times, March 2, 1978,
Vol. 74, No. 21, Liotti Takes Westbury Water District to Court.
Michele Abbatiello, (1994) - Missing person's case. Extensive
police search and publicity resulted in young woman's return.
Mr. Liotti represented the family who were not English speaking
and assisted them in securing extensive media coverage which aided
in the daughter’s return. See, Samson Mulugeta, Daily News,
Mar. 29, 1994 at 9, Woman Vanishes From Mall, Car and L.I. Parking
Lot; Kieran Crowley, New York Post, Mar. 29, 1994 at 8, Tearful
Plea For Missing Bride to Be; Susan Forrest, Newsday, Mar. 29,
1994, Search Intensifies For Woman, Case a Mystery to Family,
Cops; Susan Forrest, Newsday, Mar. 30, 1994 at A6, No Trace of
Bride to Be, Homicide Squad Joins Search For Woman; Kieran Crowley,
New York Post, Mar. 31, 1994 at 19, Cabbie: I Took Missing Woman
to LaGuardia; Susan Forrest, Newsday, Mar. 31, 1994, Tips But
No Trail In Disappearance; Samson Mulugeta, Daily News, Mar. 31,
1994 at 41, Missing Fiancé `Okay' in Canada; New York Times,
Apr. 1, 1994 at B4, Search Is Intensified for L.I. Bride To Be;
Susan Forrest, Newsday, Apr. 1, 1994 at A26, I Want My Daughter
Back; Samson Mulugeta, Daily News, Apr. 1, 1994, Psychic Joins
Hunt For Woman; Forrest, Susan, Newsday, Apr. 2, 1994 at A10,
Shop For Clues In Vanishing; Samson Mulugeta, Daily News, Apr.
2, 1994 at 7, L.I. Cops Widen Search for Fiancé; John T.
McQuiston, New York Times, Apr. 6, 1994 at B2, Woman Paid Airline
Fare, Detectives Say; Samson Mulugeta, Daily News, Apr. 6, 1994
at 12, Missing Fiancé Had Airline Tix; Susan Forrest, Newsday,
Apr. 6, 1994 at 1, Woman Who Vanished From Mall, She Had Plane
Ticket and Somebody Used It; Susan Forrest, Newsday, Apr. 8, 1994
at A6, New Clues About Missing Woman?; Samson Mulugeta, Daily
News, Apr. 8, 1994 at 12, Missing Fiancé Not To Marry,
Not Into It Kin Sez; Paul Vitello, Newsday, Apr. 10, 1994 at A6
& A63, Two Women, Two Searches, Two Outcomes; Danny McCue,
Westbury Times, Apr. 14, 1994 at 1, No Bliss For Missing Bride
To Be; Susan Forrest, Newsday, Apr. 23, 1994 at A8 & A19,
Handwritten Proof, Canadian Customs Slip Locked to Missing Westbury
Bride To Be; Susan Forrest, & Andrew Smith, Newsday, Apr.
26, 1994 at 1, Lost & Found Missing Bride To Be From Westbury
Speaks To Her Family; Kieran Crowley, New York Post, Apr. 27,
1994 at 17, Missing Bride Staying at Upstate Hotel; Susan Forrest,
Newsday, Apr. 27, 1994 at A20, Bride To Be Is Gone Again; Danny
McCue, Westbury Times, Apr. 28, 1994 at 1 & 16, Michele Abbatiello
Emerges From Hiding; Susan Forrest, Newsday, May 2, 1994 at A3,
Woman Who Ran Away Is Back Home; and Danny McCue, Westbury Times,
May 5, 1994, When The Circus Comes to Town.
People v. R.D., Nassau County District Court. Lawyer charged
with criminal trespass (as a Misdemeanor) for trying to see a
client at a police precinct. All charges dismissed on motion by
Mr. Liotti. Police have changed their procedures for access to
clients by lawyers as a result of this case. See Martin Fox, Lawyer
Cleared In Representation Hassle, New York Law Journal, October
2, 1991, at 1 & 2 and Shirley E. Perlman, Charges Against
Lawyer Dropped, Newsday, October 4, 1991.
Liotti v. State of New York, County of Nassau, et al., E.D.N.Y.,
Docket No. CV 00-2335, Magistrate Michael Orenstein and District
Judge Joanna Seybert. See Michael A. Riccardi, Class Action Lawsuit
Challenges 18-B Fee Structure, New York Law Journal at 1 and 2.
On behalf of himself and all attorneys and counselors at law,
Mr. Liotti commenced a lawsuit against the defendants, alleging
that Article 18-B of the County Law of the State of New York should
be declared unconstitutional because the defendants have not lived
up to the mandate of Gideon v. Wainwright. See, New York City
News, National Lawyers Guild–N.Y.C. Chapter, February, 2000,
Call to Raise Assigned Counsel Rates. Article in part about Mr.
Liotti and his lawsuit; Catherine Schmoller, Editor of the Attorney
of Nassau County, Assigned Counsel Fees: `You Get What You Pay
For,' February, 2000 at 3, 15 & 16; Robin Topping, A Lawyer’s
Case For More Pay, Says Court-Appointed Attorneys Underpaid, Newsday,
February 9, 2000 at A24; Michael A. Riccardi, Second Lawsuit Challenges
Rule 18-B Fee Schedule, New York Law Journal, February 22, 2000
at 1 and 4; Susan T. Kleuwer, Board of Directors Take Action,
Nassau Lawyer, Journal of the Nassau County Bar Association, March,
2000, Vol. 48, No. 2 at 1 & 22; Thomas F. Liotti, Letters
to the Editor, System Breakdown Seen As Imminent, New York Law
Journal, March 13, 2000 at 2; Editorial, Don’t Make Paupers
of Lawyers Who Help the Poor, Newsday, March 20, 2000 at A 26;
Catherine Schmoller, (2 articles), The Right to Counsel and Suits
Seek to Force Fee Hike and Report: Give Assigned Counsel a Raise,
The Attorney of Nassau County, March, 2000, Vol 6, No. 19 at 1
and 12; NCBA Lobby for 18-B Fees, Nassau Lawyer, April, 2000 at
3; Joel K. Asarch, President’s Column, Are We Doing Enough
For Our Members?, The Nassau Lawyer, April, 2000 at 4; Caher,
John, Proposed Budget Has No Increase For 18-B Fees, New York
Law Journal, April 6, 2000 at 1 & 8; Joel K. Asarch, President’s
Column, Board United In Seeking Increased 18-B Fees, May, 2000
at 4 & 22 and Richard D. Collins, Update On Assigned Counsel
Rates: Part II, May, 2000 At 17, The Nassau Lawyer; Criminal Practice
Guide, May 17, 2000, Vol. 1, No. 5, published by Pike & Fischer,
Inc., a subsidiary of the Bureau of National Affairs, Inc., a
supplement to The BNA Criminal Practice Manual and The Criminal
Practice Report, see New York Attorney’s Effort to Raise
Fees, Obtaining Funding to Pay for Better Indigent Defense Services at 4. This entire issue of the Guide is devoted to litigation
around the country on assigned counsel fees. See also, Robert
E. Kessler, Widows Fight For Lawyer’s Fee, Say Only Their
Counsel Earned It, Newsday, May 18, 2000 at A8 Y A60. See also,
Zachary R. Dowd, Around The Island, Crime & Courts, Lawyers-For-Poor
Plan: An “Illusion of Justice?” Wednesday, June 28, 2000
at A303. Full Amended Verified Complaint and settlement papers
reprinted in the New York State Bar Association, Criminal Justice
Section Journal, Summer, 2000, Vol. 8, No. 1. Cited at 11, footnote
#24 of the New York State Bar Association, Special Committee on
Public Trust and Confidence in the Legal System, Report to the
House of Delegates: Enhancing Public Trust and Confidence in the
Legal System, October, 2000. Peter Sloggat, Task Force To Study
Fee Hikes, The Attorney of Nassau County, January, 2001 at 4.
See, New York Law Journal, March 26, 2001 at 35, col. 3 for a
copy of Decision dismissing the action as to the State and Leigh
Jones, State Dismissed As Party In 18-B Suit, March 26, 2001 at
LI-2. See also, Thomas F. Liotti, Post Opinion, N.Y.’s Coming
Guarantee: An Unfair Trial, Op-Ed article appearing in the New
York Post on Wednesday, April 4, 2001 at 31. An article about
the scandalously low wages paid to attorneys who represent the
poor in criminal cases. See, also, Liotti v. New York State, New
York Law Journal, March 26, 2001 at 35, cols. 3, 4, 5 and 6 for
a decision by Judge Seybert, granting the motion to dismiss as
to the State. July 18, 2000, see Memorandum for The Committee
for Modern Courts, New York, New York referring to Mr. Liotti’s
suit and in support of an increase in rates. The Committee is
composed of citizens concerned with the quality and administration
of justice in New York State. See Laura Mansneurs, A Brake On
The Wheels Of Justice, Shortage Of Lawyers For The Poor Plagues
The Courts, The New York Times, January 17, 2001 at B1 and Robin
Topping, Law & Order Column, Around The Island, Crime &
Courts, Attorneys Protest Low Pay For Indigent Cases, Newsday,
January 17, 2001 at A31. See also, Robin Topping, Around The Island,
Putting A Price Tag On The Right To Counsel, Newsday, August 21,
2002 at A23. See Andrew Harris, Judge Narrows Suit Challenging
Impact of Low 18-B Rates, New York Law Journal, September 29,
2004 at 1 and 2. Judge Joanna Seybert sustains Mr. Liotti’s
denial of substantive due process claim. See Peter R. Schlam and
Harvey M. Stone, Article 18-B, Abstention, Hiring and Discrimination,
Pleadings, Eastern District Roundup, an article partially devoted
to an analysis of Mr. Liotti’s case. The New York Law Journal,
October 8, 2004 at 3 & 5; News to Note, Lawsuit Attacking
18B System Survives Motion to Dismiss, The Mouthpiece, November/December,
2004 at 23.
Thomas F. Liotti, et al. v. Nassau County - See, Barbara J.
Durkin, Confusion in the Air on Nassau Spraying, Newsday, Oct.
3, 1999 at A52 and Chastity Pratt, Nassau Spraying in Doubt, Injunction
Filed; County Asked to Prove Plan's Legal, Newsday, Oct. 4, 1999
at A3. This is a pro bono case where Mr. Liotti obtained an injunction
against the County in an Article 78 proceeding to stop it from
aerial spraying carcinogen insecticides in order to allegedly
combat the West Nile encephalitis carried by mosquitos. See also,
Dan Fagan and Al Baker,It's On Again, Nassau Spraying Is To Start
Today, Newsday, Oct. 5, 1999 at A3 and A37; Erik Holm, The Need
To Know, Residents Want Clear Answers On Spraying, Newsday, Oct.
5, 1999 at A3 and A37; John T. McQuiston, Court Clears Way To
Start Nassau Mosquito Spraying, Insecticide to be Released by
Helicopters, The New York Times, Oct. 5, 1999 at B5; Robert Gearty,
Rain Delays Air Spraying In Nassau, Daily News, Oct. 5, 1999 at
12; Jerry Cimisi, Horses Injunctions, Etc.,Horses in Riverhead
Tested for Encephalitis; Injunction in Nassau Against Spraying,
Dan's Papers (Bridgehampton, New York), Oct. 8, 1999 at 27, 28
and 32; Olivia Winslow, LI's First Victim, Amid Encephalitis Death
County Starts Aerial Blitz Newsday, Oct. 9, 1999 at 1 & A5;
Mr. Liotti a guest speaker on radio station WLIB and guest speaker
on radio station WHPC, Garden City, with host Dr. Ellen Kamish
on her show, Herbally Yours - Oct. 5, 1999; Interviewed on Oct.
8, 1999 by journalism student reporter, Melissa Perlmutter at
HTV (Hofstra University Television, Channels 34 and 35; and Oct.
15, 1999 guest speaker before Peace Smiths, Inc., Amityville,
New York. Topic: Aerial Spraying of Insecticides and Damage to
Our Environment. See also, D.F. Karppi and Amy Edel, Special Treatment
For Wetlands, Bayville And Center Island Not Sprayed Over Past
Weekend, Oyster Bay Enterprise-Pilot, October 15, 1999 at 1. See
also John Rather, An Unlikely Legal Victory For Lobstermen, The
New York Times, April 23, 2006 at 3. The lobstermen (not represented
by Mr. Liotti) successfully used the evidence obtained by Mr.
Liotti to win a settlement against chemical companies for 16.25
million dollars.
Boes v. Towey and Westbury Memorial Public Library (2004-2005).
U.S.D.C., E.D.N.Y., Judge Wexler. Mr. Liotti represented the plaintiff.
The case was settled in the plaintiff’s favor for an undisclosed
sum. This was an employment case alleging a violation of First
Amendment rights. The plaintiff was a Village Trustee and her
husband, a library trustee. See Keiko Morris, Library Settles
Suit In Westbury Over Firing, Newsday, June 17, 2005 at A44 and
Victoria A. Caruso, Legal Battle Against Westbury Library, Employees
Comes To An End, Joan Boes Awarded Over $66K In Settlement, The
Westbury Times, June 16, 2005 at 1 and 19.
People v. Tann., (Supreme Court, New York County, Justice Fitzgerald
presiding). See New York Law Journal, April 12, 2005 at 3, notice
of disbarment. A practicing attorney admitted for more than 50
years resigned from the Bar after having been accused of grand
larceny, to wit: the theft of $323,000 from an estate. In a negotiated
plea, the client, age 83 and with a heart condition as well as
other ailments, received a sentence of 30 days in the Manhattan
House of Detention and restitution was determined by Justice Fitzgerald
to be $303,000. In consideration of that the client paid $40,000
outright and agreed to assign the proceeds from a term life insurance
policy of $100,000 and half of the proceeds, if any, that he may
receive in connection with a lawsuit which he has about to commence
in federal court against a leading pacemaker manufacturer.
In the Matter of Honorable Samuel Levine (October, 1997) Mr.
Liotti represented Honorable Samuel Levine, a Judge of the District
Court, Nassau County, pro bono, at an appeal before the Judiciary
Committee of the Bar Association concerning their earlier review
of him that he was "not well qualified at this time."
Judge Levine was a candidate for the Supreme Court on the Democratic
Line. The Judiciary Committee adhered to this designation and
an appeal was taken to the Board of Directors of the Bar Association.
The Board of Directors recused themselves and the matter was transferred
to the Suffolk County Bar Association Board of Directors who affirmed
the decision of the Nassau Bar. Judge Levine and his counsel challenged
the procedures of the Bar Association in its designation. See
Suffolk County Bar Association Board of Directors Affirmed Last
Thursday the "Not Approved" Rating Given to a Nassau
County District Judge Running for Supreme Court After That County's
Bar Association Directors has Disqualified Themselves from Hearing
His Appeal Because of Potential Conflicts, New York Law Journal,
October 27, 1997 at 1; Topping, Robin, Screening Issue In Judge
Races, Newsday, October 30, 1997 at A37; and Vitello, Paul, Voters,
You Be The Judge, Newsday, October 30, 1997 at A8. 
See People v. I.R., 163 Misc. 2d 382, 621 NYS2d 440 (1994). A
ten day, non-jury trial in the Nassau County District Court before
the Hon. Anthony Marano on a charge of trespass as a violation.
The defendant, an attorney and candidate for Judge, was arrested
and convicted of passing out one piece of campaign literature
on Church property during a feast that was open to the public.
Mr. Liotti represented Mr. Raab pro bono. At the time of sentencing
Mr. Liotti indicated that Mr. Raab was found guilty because he
is a Democrat, Jewish and a lawyer. Judge Marano inquired of Mr.
Liotti as to whether he was stating that Judge Marano was "anti-Semitic."
The flap at sentencing produced a litany of news coverage. The
case was appealed. See, Maureen Fan, Lawyer's Tack Ticks Off Judge,
Newsday, March 25, 1995; Eric Nagourney, The Trials of a Pol Nabbed
for Trespass, Newsday, January 4, 1995; Maureen Fan, Lawyer Sentenced
for Trespass, Newsday, April 4, 1995. In November, 1997, Mr. Liotti
argued Mr. Raab's case in the Appellate Term of the Supreme Court.
His appeal was successful. Mr. Raab was elected as a District
Court Judge in 1996 and sat on the Supreme Court, Nassau County
Bench. See Daniel J. McCue, Raab Trespass Appeal Heard, The Westbury
Times, November 20, 1997 at 3; A. Anthony Miller, Appellate Term
Reverses Judges Conviction, The Attorney of Nassau County, December,
1997 at 14. Appellate counsel in People v. Raab, 175 Misc. 2d
287, 669 NYS2d 1018, 1998 N.Y. Slip Op. 98106 (1998). (Appellate
Term, 9th and 10th Judicial Districts, decided November 24, 1997).
Argued for appellant. Conviction unanimously reversed on the law
and facts (Stark, J.P., Ingrassia and Floyd, J.J.). Charges dismissed
in the interests of justice by the Appellate Term. See also, People
v. Laura Yantsos and John Murphy, (Hon. Samuel Levine, District
Court, Nassau County, Oct. 22, 1998) where the Court disagreed
with the holding of Judge Marano in the Raab case and found, the
defendants' conduct (alleged trespass) was in the nature of protected,
free speech; New York Law Journal, 11/13/98 at 1, 25, 32 and 33
where Raab case is cited.
Florida v. Ronald Straight, Jacksonville, Florida. Pro bono counsel
for Straight. "Death Row" case. Federal habeas corpus
petition. Mr. Liotti represented Mr. Straight during Federal District
Court hearings. Did not handle final Circuit or Supreme Court
arguments. Defendant was eventually executed. Liotti secured an
affidavit from co-defendant attesting to defendant Straight's
innocence. On the basis of that affidavit, Supreme Court Justice
Lewis Powell stated: "notwithstanding nagging doubts as to
the defendant's guilt," he denied his final stay request.
Mr. Liotti also secured other mitigation evidence never before
obtained throughout the State Court proceedings and over the 9
years that Mr. Straight was on Florida's Death Row. See, Steve
Garnaas, Death Row Plea Based on Greene Probe Impact, Jacksonville
News, Jacksonville, Florida, March 28, 1984.
Liotti v. Rice, see Ann Givens, Attorney Sues DA on Grand Jury
Issue, Newsday, April 10, 2007 at A54 and Newsday, May 12, 2007
at A11, Suit Against Nassau D.A. Dismissed. Decided by Acting
Supreme Court Justice Daniel Palmieri on May 11, 2007 following
oral argument. See also, Rosamaria Mancini, New York Law Journal,
May 14, 2007 at 1 and 4, Suit Against Nassau District Attorney
Is Dismissed - Thomas F. Liotti, the Garden City attorney who
claimed Nassau County District Attorney Kathleen Rice compromised
the independence of the grand jury, was dealt a blow on Friday
when a state judge dismissed his suit. In Liotti v. Rice, 005704/2007,
Nassau Justice Daniel R. Palmieri granted Ms. Rice’s motion
to dismiss the suit because Mr. Liotti does not have standing
under CPLR §3211, which required that a party have an actual
stake in the outcome of the case. “I find that Mr. Liotti...has
not alleged facts sufficient to demonstrate that he’s the
subject of grand jury action or that his own interests are at
stake in any way,” the judge wrote. “I don’t
believe his interests as an attorney, taxpayer, good citizen or
seeker of justice is sufficient to provide standing.” Justice
Palmieri, however, denied Ms. Rice’s motion to sanction
Mr. Liotti for filing frivolous lawsuits and for an injunction
preventing him from filing future lawsuits. Mr. Liotti said he
would appeal. In his suit Mr. Liotti charged that CPL §190
is unconstitutional because it designates the district attorney
as advisor to the grand jury. He said Ms. Rice had gone beyond
the advisory role to choreograph every aspect of the proceeding
from which defense attorneys are excluded (NYLJ, May 1). He called
for the grand jury rooms to be moved out of the district attorney’s
office and for the grand jury to be assigned to independent counsel,
staff and judges. Andrew R. Scott, deputy county attorney who
represented the district attorney in the matter, declined to comment.
See also, Peter Sloggat, Attorney Sues Rice Over Grand Juries,
The Attorney of Nassau County, April, 2007 at 1; Rosamaria Mancini,
Lawsuits Underline Lawyer’s Disdain For Nassau D.A., The
New York Law Journal, This Week Long Island, May 1, 2007 at 20
and 19; and May, 2007, The Roundtable, a newsletter of the American
Board of Criminal Lawyers, Vol. MMVII, No. 6 at 5 for story entitled:
Easter Uprising: A Lawsuit for Rice.
Liotti v. Rice (2336/07) see In Brief, Attorney Loses Suit Against
D.A. Over Residency Rule, New York Law Journal, July 2, 2007 at
1 (feature story) and Attorney Lacks Standing Under State Finance
Law § 123-b to Challenge Government Decision - Petitioner
attorney moved to compel respondents, including Nassau County
and the Nassau District Attorney, to comply with and enforce County
Administrative Code §13-190, which proscribed the hiring
of Assistant District Attorneys who were not residents of the
county. Respondents cross-moved to dismiss petitioner’s
application, arguing the attorney, individually, lacked standing
to maintain the action. Petitioner alleged under State Finance
Law §123-b that he established standing for the wrongful
expenditure and misappropriation of state funds permitting a citizen
taxpayer to maintain an action. The Court noted petitioner’s
contention was that the allocated funds were being mismanaged
by their use for the employment of non-resident attorneys. It
ruled although the statute eliminated the need to demonstrate
an injury in fact, it could not be used as a pretense to use the
expenditure of money to challenge a government decision. The court
found petitioner did not have standing under §123-b, stating
petitioner has not cited any cases that supported his standing
as an attorney for clients who were indicted or convicted by non-resident
ADAs. Thus, it granted the cross-motion to dismiss. New York Law
Journal, July 6, 2007 at 1, 21 and 24.
Liotti v. Rice (#2), Nassau County, Judge Dismisses Final of
3 Suits Against D.A., Newsday, July 10, 2007 at A29.
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