Weblog of a civil servent

 

   PAGE 17, LINE 18.

    THE JUDGE ,   I AM SURE THE APPELLATE DIVISION WILL

  GIVE YOU A FULL OPPORTUNITY TO DO WHAT THEY FEEL IS 

  RIGHT.   

  SO I AM GOING TO SIGN THE TRANSFER ORDER .     JERRY,

  ,< TALKING TO THE CLERK >  I WILL GIVE THESE TO YOU.

  AND DO YOU ARRANGE FOR THE TRANSFER OF THE PAPERS ?

   THE CLEARK ,  YES.

  THE JUDGE,  THEN YOU WILL BE NOTIFIED ,  I'M----

   < PAGE 18, LINE 1.>

   SURE .   MR STORRS WILL GIVE YOU THAT NUMBER OF THE

  FELLOW UP AT THE APPELLATE DIVISION SO YOU CAN

  FOLLOW THIS ALONG AND MAKE SURE YOU GET HEARD

  QUICKLY ,   ALL RIGHT ?

  THE APPLICANT ,   WHY DO I HAVE TO FILE IT,  THEY ARE

  THE ONE THAT'S TRANSFERRING IT.

   THE JUDGE,   THE CLERK IS GOING TO TAKE CARE OF THE

  TRANSFER OF THE PAPERS;  RIGHT ,  JERRY ?

   THE CLERK :  YES. 

   THE JUDGE :  THEN THE APPELLATE DIVISION ,   THEY HAVE

    A PERSON IN THERE WHO HANDLES THEIR PAPERS AND

   SCHEDULES EVERYTHING AND ALL THAT KIND OF THING.

  AND THEY WILL NOTIFY ACCORDINGLY.  

  BUT MR. STORRS IS GOING TO GIVE YOU A PHONE NUMBER

  OF SOMEBODY UP THERE THAT YOU CAN CALL SO YOU CAN

  SEE, IF THERE IS ANY CONCERN ,  AS TO HOW THINGS ARE

  PROCEEDING.   IF YOU FEEL IT IS GOING TOO SLOWLY OR

  YOU DON'T KNOW WHAT IS HAPPENING  ,   HE WILL BE THE

  PERSON. 

       THE APPLICANT :   SINCE  96 --   I MEAN,   JUDGE, THIS

  IS GARBAGE.  EVEN ON THIS HERE.   THEY HAD STATED

  THAT --   I DON'T KNOW .    I JUST PUT THIS DOWN---

   <   PAGE 19, LINE 1 >

   BECAUSE IT HIT ME.    THEY OFFERED 56 PAGES OR MORE

  INTO EVIDENCE AS EXHIBIT 4.   <  AT THE FIRST HEARING >

  ACCORDING TO THEM ,   IF I BROUGHT MY DOCTOR IN TO

  TESTIFY ABOUT MY DISABILITY ,  THEN THEY WOULD HAVE

  TO WITHDRAW  EXHIBIT 4.<  ACCORDING TO ONE OF THERE

  LAWS >

     ON JANUARY 24,  2000,  MY DOCTOR CAME IN TO GIVE 

  TESTIMONY  ABOUT MY DISABILITY.   SO AT THAT TIME

  THEY WOULD HAVE TO WITHDRAW EXHIBIT 4.   ALL THE

  EVIDENCE WENT OUT, AND ALL I HAD WAS MY DOCTORS ,

  WHICH THEY SAID I DIDN'T HAVE.   THAT'S TURNED

  AROUND ,  TOO.

   <  NEXT THE REST OF THIS PAGE ,  AND WHAT HAPPENED

   WHEN I CALLED , LIKE THE JUDGE TOLD ME TO. >  

 

        SORRY BUT I KEEP HAVING TROUBLE , GETTING IN.

  AND WHEN I DO , I LOSE MY WORK.

   LETTER I GOT BACK CONTINUED FROM 2- 4Th.

   AS YOU ARE AWARE ,  THE DECISION ISSUED BY HEARING

 OFFICER DOYLE ON APRIL 18, 2001 WAS ADOPTED BY THE

 COMPTROLLER THROUGH FINDINGS OF FACT AND

 CONCLUSIONS OF LAW DATED MAY 28, 2001.   ACCORDINGLY,

 THE ADMINISTRATIVE DETERMINATION IS FINAL , AND

 NEITHER THE COMPTROLLER NOR THE RETIREMENT SYSTEM

 HAS ANY FURTHER JURISDICTION IN THIS MATTER.  

  THE PROPER AVENUE TO REVIEW A FINAL ADMINISTRATIVE

 DETERMINATION IS THROUGH THE COURT SYSTEM AND I

 HAVE BEEN ADVISED THAT ,  IN SEPT 2001,  YOU

 COMMENCED AN ARTICLE 78 PROCEEDING TO OBTAIN  SUCH

 REVIEW.

  AS THIS MATTER IS NOW BEFORE THE APPELLATE DIVISION

 OF THE NEW YORK STATE SUPREME COURT,  IT WOULD BE

 INAPPROPRIATE FOR US TO COMMENT FURTHER OR

 OTHERWISE DISCUSS THE MATTER WITH YOU.   WE TRUST

 THAT THE COURT WILL CONDUCT THE APPROPRIATE REVIEW

 AND RENDER A DECISION PROMPTLY.

 

                                                     SINCERELY,

                                                JEFFREY  P.  SWAIN

                                                  DEPUTY  COMPTROLLER

 

   <  AT THE END OF THE LETTER HE SAY'S , WE TRUST THAT

  THE COURT WILL RENDER A DECISION ?   .   BUT THEY

  STOPPED MY PAPERS WITH LIE'S . >

 

   AT THE START OF PART 7,  LINE 2.

     THERE WAS TALK ABOUT THE COMPTROLLER,  H. CARL-

  McCALL BEING THE ONLY PERSON THAT COULD END THIS.

  SO ON DEC 5, 2001,   I SENT HIM A LETTER.

  

     DEAR  MR.  McCALL,

                                THIS LETTER IS ABOUT MY DISABILITY

  CASE .     YES I DID HAVE AN ACCIDENT ,   WHILE DUMPING

  GARBAGE INTO A SIX FOOT DUMPSTER.    YES WE DID TELL

  THEM THAT THEY WERE NOT SAFE,   AND THAT SOMEBODY

  WAS GOING TO GET HURT.   BY THE WAY,  ALL THE SIX

  FOOTER'S ARE GONE NOW.

   AS FOR DOCTOR'S ,   I WAS SENT TO SEE THREE DOCTOR'S,

 BY THE JOBS INSURANCE COMPANY .   ONE BEFORE THE

 OPERATION ,  AND TWO AFTER THE OPERATION,  AND THEY

 ALL FOUND SOMETHING WRONG WITH MY SHOULDER,  BUT

 YOUR DOCTOR FOUND NOTHING WRONG.   EVEN SOCIAL

 SECURITY PUT ME ON DISABILITY.    NOW ALL I'M ASKING

 IS THAT YOU HAVE SOMEBODY ,   THAT KNOWS NOTHING

  ABOUT THE CASE,   READ ALL THE PAPERS I SENT IN FOR

 ARTICLE 78 HEARING ON SEPT 26,  2001 ,   OR SEND ME TO

 A DECENT DOCTOR.

   PLEASE SEE YOUR DOCTOR'S REPORT OF -7- 13-98.

  THEN SEE TRANSCRIPT OF   -4 13- 2000,  WHERE YOUR

  DOCTOR TESTIFIED.  

       I NEVER ASKED FOR A BREAK,   JUST A FARE HEARING.

  OUT OF THE FOUR I HAD SO FAR ,   THE ONE ON -10 12-01

 WAS THE WORST.   I WAS TOLD YOU CAN STOP THIS NOW,

 OTHER WISE I'LL BE UP THERE IN THE SPRING.

                                                   THANKING YOU

 

    THIS IS THE LETTER I GOT BACK.

   

                                                     DATED DEC 31,2001

    DEAR SIR,

                  THIS IS IN RESPONSE TO YOUR LETTER TO

  COMPTROLLER McCALL,  DATED DEC 5, 2001,  REGARDING 

 YOUR APPLICATION  FOR DISABILITY RETIREMENT BENEFITS.

     < HAVE TO STOP NOW > 

  < NEXT THE REST OF THE LETTER >

         

 

   PAGE 17, LINE 2.

    THE JUDGE,  I AM SURE HE CAN SET UP A CONFERENCE,

   < TALKING ABOUT THE COMPTROLLER,  H. CARL McCALL >

 POSSIBLY SETTLE IT,  IF THAT'S POSSIBLE.   BUT IF IT ISN'T

 POSSIBLE ,  THIS MATTER  WILL BE TRANSFERRED TO THE

 APPELLATE  DIVISION  AND THEN YOU WILL BE ABLE TO HAVE

 THOSE JUDGES UP THERE GIVE CAREFUL CONSIDERATION TO

 THE ISSUES THAT YOU RAISED HERE.

  THE APPLICANT ME,   UNTIL THEY TRANSFER IT SOMEWHERE

 ELSE. 

  THE JUDGE,   THEY WON'T .  THE LAW SAYS THAT I HAVE TO

 TRANSFER IT,   ,<  THE LAW ALSO SAY'S , THEY ONLY HAD

 TWO DAYS, NOT THIRTEEN TO SEND THE PAPERS BACK. >

 BUT THEY ARE THE RIGHT GROUP OF JUDGES THAT HAVE

 TO HEAR THIS.

  IF I COULD HEAR THIS ,  ? , < BUT HE ALREADY DID, AND

 HE TURNED TO MR. STORRS AND ASKED HIM,  MR. STORRS

 DO YOU STILL HAVE NOTHING TO SAY, THE APPLICANT

 HAS QUITE A FEW LEGAL POINTS . ?  BUT I CAN'T SEE IT IN

 THE  TRANSCRIPT. ? >

  I WOULD SIT DOWN AND GO THROUGH THE PAPERS AND

 LISTEN TO THE ARGUMENTS AND MAKE A DECISION,  BUT

 I DON'T HAVE THE AUTHORITY TO DO THAT.   AND THAT'S

 WHY I AM TRANSFERRING IT.

    < NEXT PART 8 >   

 

   THE REST OF PAGE 15,  LINE 6.

  NOW,  IN THOSE CASES I DON'T HAVE THE AUTHORITY HERE

TO DETERMINE THIS MATTER.  AND UNDER ANOTHER SECTION

 OF THE LAW,  7804(G)  ,  I HAVE TO TRANSFER THIS TO THE

 APPELLATE DIVISION OF THE SUPREME COURT FOR THEM TO

 DETERMINE IT.

     I AN NOT GOING TO DETERMINE THE MERITS OF THIS

 THING.   I AM JUST GOING TO TRANSFER THIS TO THE

 APPELLATE  DIVISION AND THEY ARE GOING TO GIVE YOU A

 FULL OPPORTUNITY TO BE HEARD ON YOUR PAPERS.  THEN

 THEY WILL DO WHAT THEY FEEL IS APPROPRIATE,  THE

 JUDGES UP THERE,  OKAY ?

  I ASSURE YOU THAT I AM NOT DETERMINING THE MERITS OF

 YOUR CLAIM.    I AM NOT DETERMINING WHETHER YOU ARE

 RIGHT AND THAT THE COMPTROLLER IS WRONG OR I AM

 NOT DETERMINING THAT THE COMPTROLLER IS RIGHT.

 I AM JUST MAKING A DETERMINATION THAT THIS IS A

 SUBSTANTIAL EVIDENCE QUESTION AND THE APPELLATE

 DIVISION IS THE PLACE WHERE THEY HAVE THE AUTHORITY

                       <  PAGE  16, LINE 1 >

 TO HEAR YOU.

        I AM GOING TO SIGN  THE ORDER TRANSFERRING

 THIS TO THE APPELLATE  DIVISION.     I AM SURE THEY

 WILL HANDLE THIS MATTER EXPEDITIOUSLY.

    MR. STORRS,   MAY I ADD ONE THING ?

    THE APPLICANT  ME,   SURE.

  MR. STORRS,   IF YOU CALL ME AT MY OFFICE,  AND MY

 NUMBER IS IN THE PAPERS THAT I PROVIDED YOU--  I CAN

 GIVE YOU THE TELEPHONE NUMBER OF THE PERSON IN THE

 CLERK'S OFFICE WHO CAN HELP YOU WITH THIS.  THEY ARE

 USED TO DEALING WITH PEOPLE WHO ARE HANDLING CASES

 PRO SE.   THEY CAN TELL YOU WHAT HAS TO BE DONE FOR

 YOU TO GET YOUR CASE TO BE HEARD PROPERLY THERE.

    THE APPLICANT ME,    IF YOU WANT TO HELP ME,  WHY

 DON'T YOU MAKE A DECISION RIGHT NOW ?

   MR. STORRS,   I CAN'T DO THAT.   I REPRESENT THE STATE.

 THE JUDGE,  HE CAN'T DO THAT.   HE IS THE ATTORNEY

 THAT REPRESENTS THE COMPTROLLER,  AND THE

 COMPTROLLER IS HIS CLIENT.   SO THE ONLY PERSON THAT

 COULD RESOLVE THIS WITH YOU WOULD BE HIS CLIENT.

 AND THEN IF THAT CAN'T BE DONE,  I WOULD LIKE--

  THE APPLICANT ME,   HE CAN TAKE THIS SITUATION --

          <   PAGE 17,  LINE 1 >     BACK.  

   <  NEXT UNTIL  THEY  TRANSFER IT SOMEWHERE ELSE >