9-11 Responder Guy Simonetti Asks Staten Island Administrative Judge Desmond Green for Relief From Ron Castorina's 'Death Sentence'
9-11 Responder Guy Simonetti Asks Staten Island Administrative Judge Desmond Green for Relief From Ron Castorina's 'Death Sentence'
"If they shackle me and drag me away, I'll probably die. But Castorina will be happy." - Guy Simonetti
By M. Thomas Nast
Retired NYPD Detective and 9-11 Responder Guy Simonetti has a bench warrant out for his arrest because his accounts are frozen, and he can’t pay court-ordered sums in his divorce case. He is 64 and in poor health.
The reason why the accounts are frozen: New York State Supreme Court Justice Ronald Castorina Jr. ordered them so. Castorina also says Simonetti hasn't paid the money he owes his ex-wife and their lawyers.
Unable to travel for health reasons, Castorina found Simonetti in contempt in absentia. Facing financial peril and with no access to money because of the Judge’s orders, Simonetti couldn’t afford a lawyer, and Castorina declined to appoint him one.
On Friday, Simonetti sent a communication to Justice Desmond Green, Staten Island's top Judge, asking for help.
Castorina issued the bench warrant for 9-11 Responder Simonetti, who was a plumber when he wasn't on the job as a cop. He now resides in Florida, and would be dragged back to New York in chains if Castorina has his way.
Simonetti says his health and his finances don't allow him to travel. The 9-11 Responder submitted an Order to Show Cause asking Castorina to stay the case last month. On November 30, Castorina refused to sign it.
9-11 Responder Encounters a Strange Court Procedure
Representing himself, a legal "black hole" swallowed Simonetti for the past ten days. He filed emergency documents with the Supreme Court Appellate Division on Monroe Place in Brooklyn on December 5, 2023. Simonetti filed the transcript of Castorina's statements on the record that he would not sign the ex-detective's pressing legal application.
But the Appellate Clerk said it wasn't good enough. Simonetti found out in an email late Thursday, even after he emailed every Justice of the Appellate Division for answers last week.
"[Y]our options were to either have the Supreme Court Judge endorse the declination to sign or to so order the transcripts that state the Judge declines to sign. If the Judge refuses to do either of these, you will have to speak with that Court’s Administrative Judge," wrote Shane O’Donoghue, a Senior Appellate Court Clerk.
Simonetti thinks the fact that he has to ask Castorina to allow him to make an appeal is a little ludicrous. Justice Castorina, who Simonetti alleges is "Anti-Cop," remains firm on enforcing the payment despite Simonetti's precarious health and financial situation.
"Justice Castorina wants me dead. He and his chambers are copied on this email and have been for weeks. He will not do anything to help me. How can I be sent back to him? It's impossible," Simonetti wrote to Administrative Justice Desmond Green earlier today.
"I Didn't Know Who You Were."
The retired 9-11 Responder had no idea what to do or that he could go to the Administrative Justice for help. But he’s worried that without help, he’s a goner.
“If they shackle me and drag me away, I'll probably die. But Castorina will be happy,” Simonetti said.
"The Appellate Division responded to me yesterday. Apparently, I have to ask you for help before I go to the Appellate Division. Until earlier today, I didn’t know there was anything called an 'Administrative Judge,' and I didn’t know who you were," the retired detective wrote.
Serious Health and Financial Issues For 9-11 Responder
Simonetti says he has health risks due to conditions that complicate travel. He retired from the NYPD in 2003 on total disability. After serving valiantly in the aftermath of 9/11, his health deteriorated, and even after invasive surgery, his prognosis remains dire.
Physician’s reports and medical records available to the judge indicate Simonetti has Factor V Leiden and Factor V deficiency. Factor V Leiden is a genetic mutation that increases the risk of developing abnormal blood clots, while Factor V deficiency is a rare bleeding disorder that results in poor clotting.
"I was told by my doctors that I could lose my legs from blood clots if I'm forced to travel. Staten Island’s Justice Castorina doesn’t care."
The 9/11 responder also says his depleted finances and assets are frozen from previous court orders.
"Please Justice Green"
Simonetti wants Justice Green to order Justice Castorina to give him the documents he needs to go to the Appellate Court.
"Justice Green, I need your help because Justice Castorina will not produce the proper paperwork to allow me to appeal his decline to sign the Order to Show Cause I submitted to the Supreme Court,” Simonetti wrote.
"Please Justice Green. You are my only hope left on Staten Island. I want to be treated like a human being," say the papers.
The retired NYPD Detective thinks Castorina's actions are intentional and bullying. Simonetti wants him off the case.
"Part of the relief I want is recusal and disqualification of Justice Castorina. He is a criminal and a felon. He perjured himself in Grand Jury testimony in August of 2018: https://frankreport.com/?s=castorina.”
“How can he be a lawyer, let alone a Supreme Court Justice? How can he judge me? I was a cop for a long time. Now a criminal wants to drag me before him in chains?" the papers say.
As of press time, Simonetti has reported no response to his email and fax transmission to Justice Green, Staten Island's top Judge.
The email, sent on Friday, December 15, 2023, at 03:01:28 PM EST, follows.
Guy Simonetti emailed Justice Green and multiple others in the legal community, the media, and elected officials. This is what he said:
BY: Email and Fax
TO: Fax: 718-442-5364 (Richmond County Administrative Judge Desmond Green)
RE Emergency application - Pro Se Party
Request For Stay
Request For So-Order Transcript and Other Relief
Dear Judge Green:
I am a pro se party unskilled in the science of law.
Opposing Counsel and the Supreme Court, Richmond County (Castorina, J.) are copied hereto.
I sent the attached to the Appellate Division because it is an emergency matter. At risk is my loss of liberty, which I submit would be unfounded, illegal, arbitrary, capricious, and an error of law and fact.
Mr. Marangos has had these papers since November 29, 2023. None of this is any surprise.
No prior request has been made to the Administrative Justice of Richmond County for the relief requested.
I have also copied the Detective's Endowment Association, the PBA, Blue Lives Matter, and members of the media and elected officials like Assemblyman Mike Reilly, Assemblyman Sam Pirozzolo, and Congresswoman Nicole Malliotakis' office. These elected official are pro-cop. Unlike Castorina.
And I copied Justice Castorina and his chambers so they can't deny what's going on to the NY Post, the Daily News, the SI Advance, the City, Newsmax, WABC Radio, and others.
I was told by my doctors that I could lose my legs from blood clots if I'm forced to travel. Staten Island’s Justice Castorina doesn’t care.
I tried to email all of the Justices in the Appellate Division to see if anyone would sign my Order to Show Cause:
Valerie Brathwaite Nelson
Betsy Barros
Mark C. Dillon
Hector D. LaSalle
Colleen Duffy
Francesca E. Connolly
Angela G. Iannacci
William G. Ford
Paul Wooten
Joseph J. Maltese
Cheryl E. Chambers
Robert J. Miller
Linda Christopher
Lara J. Genovesi
Deborah A. Dowling
Lourdes M. Ventura
Janice A. Taylor
Helen Voutsinas
Barry E. Warhit
Lillian Wan
Carl J. Landicino
Laurence L. Love
The Appellate Division responded to me yesterday. Apparently, I have to ask you for help before I go to the Appellate Division. Until earlier today, I didn’t know there was anything called an “Administrative Judge,” and I didn’t know who you were.
Justice Green, I need your help because Justice Castorina will not produce the proper paperwork to allow me to appeal his decline to sign the Order to Show Cause I submitted to the Supreme Court.
Justice Castorina declined to sign the Order to Show Cause on the record on November 30, 2023. A copy of the transcript and the unsigned Order to Show Cause are copied herewith.
Late yesterday, I received this correspondence from the Appellate Division:
___________________________________________
Begin forwarded message:
From: AD2-ClerksOffice <ad2-clerksoffice@nycourts.gov>
Date: December 14, 2023 at 3:52:42 PM EST
To: guy59 <guy59@verizon.net>
Subject: RE: Emergency StayHide original message
Good afternoon,
The Court’s record’s reflect a response was sent at 3:28PM on 12/6/2023. To summarize that email, your options were to either have the Supreme Court Judge endorse the declination to sign or to so order the transcripts that state the Judge declines to sign. If the Judge refuses to do either of these, you will have to speak with that Court’s Administrative Judge. While the Court understands and sympathizes with your situation, we are unable to review your filings as submitted. If you have any other questions or concerns feel free to contact me.
Shane O’Donoghue
Senior Appellate Court Clerk
Supreme Court of the State of New York
Appellate Division, Second Judicial Department
45 Monroe Place
Brooklyn, New York 11201
Tel: (718) 722-6334
From: GUY SIMONETTI <guy59@verizon.net>
Sent: Thursday, December 14, 2023 3:01 PM
To: Louis Marrero <lomarrer@nycourts.gov>; AD2-ClerksOffice <ad2-clerksoffice@nycourts.gov>; AD2-MOTIONS <AD2-MOTIONS@nycourts.gov>; AD2-Calendars <ad2-calendars@nycourts.gov>; ad2clerk <ad2clerk@nycourts.gov>; Darrell Joseph <djoseph@nycourts.gov>
Cc: jzmesq@aol.com; info@nycdetectives.org; raymondwittick@nycdetectives.org; gregorysilverman@nycdetectives.org; jnuthall@nycpba.org; bluelivesmatternyc@gmail.com; samkatz@nycdetectives.org; ReillyM@nyassembly.gov; pirozzolos@nyassembly.gov; lily.zafaranloo@mail.house.gov; mlinge@nypost.com; Lucian Chalfen <lchalfen@nycourts.gov>; Arlene Hackel <ahackel@nycourts.gov>; Public Information <publicinformation@nycourts.gov>; frankparlato@gmail.com; frank.morano@wabcradio.com; jt@liquidlunchtv.com; jannese@nydailynews.com; pliotta@siadvance.com; laline@siadvance.com; wrobleski@siadvance.com; gsmith@thecity.nyc; Hon. Ronald Castorina Jr. <RCASTORI@nycourts.gov>; David Pascarella <DPascare@nycourts.gov>; vnelson@nycourts.gov; Hon. Betsy Barros <bbarros@nycourts.gov>; Hon. Joseph Maltese <jmaltese@nycourts.gov>; Hon. Joseph Maltese <jmaltese@nycourts.gov>; Hon. Mark Dillon <mdillon@nycourts.gov>; Hon. Hector LaSalle <hlasalle@nycourts.gov>; Hon. Colleen Duffy <cduffy@nycourts.gov>; fconnoll@nycourts.gov; Hon. Angela G. Iannacci <aiannacc@nycourts.gov>; wford@nycourts.gov; Hon. Paul Wooten <pwooten@nycourts.gov>; Hon. Cheryl Chambers <cchamber@nycourts.gov>; Rachel A. Miller <RMiller@nycourts.gov>; Hon. Linda Christopher <lchristo@nycourts.gov>; Hon. Lara J. Genovesi <lgenoves@nycourts.gov>; ddowling@nycourts.gov; Hon. Lourdes M. Ventura <lventura@nycourts.gov>; Julie Taylor <JTAYLOR@nycourts.gov>; Hon. Helen Voutsinas <hvoutsin@nycourts.gov>; Hon. Barry E. Warhit <bwarhit@nycourts.gov>; lwan@nycourts.gov; Hon. Carl Landicino <clandici@nycourts.gov>; Hon. Larry Love <llove@nycourts.gov>
Subject: Re: Emergency StayI have still not received a response to my December 5, 2023 email regarding status of my emergency stay. As time is of the essence if I do not receive a response my only recourse will be to go to the media.
Sent from my iPhone
On Dec 6, 2023, at 2:47 PM, GUY SIMONETTI <guy59@verizon.net> wrote:
I did not receive a response sense my last email. I am requesting an update regarding my emergency stay.
Sent from my iPhone
___________________________________________
My understanding of the Appellate Division Clerk’s instructions is that I have two options that both require Justice Castorina’s signature. I can either
Have the Supreme Court Judge (Justice Castorina) endorse the declination to sign, or
Have the Supreme Court Judge (Justice Castorina) So Order the transcripts that state the Judge declines to sign.
Justice Castorina wants me dead. He and his chambers are copied to this email and have been for weeks. He will not do anything to help me. How can I be sent back to him? It's impossible.
Accordingly, pursuant to the Appellate Division’s instructions, I am coming to you, Justice Green, the Administrative Judge for Staten Island.
I now respectfully request a stay of all proceedings in this matter so I may properly petition the Appellate Division. If necessary, I will follow up with signed hard copies as soon as practicable.
I requested a stay pending the hearing of my application. The Supreme Court has not considered my Order to Show Cause.
The basis for the stay is contained in the attached papers. Additionally, I just received the attached letter from another of my doctor's offices that further evidences the fact that I cannot travel the 1,300+ miles to New York from my home state of Florida because of my serious health conditions. The letter explicitly states I cannot travel because of a substantial risk of blood clot. This condition has persisted for some time, and prior to this past summer. In combination of the other factors raised in my papers, these facts form the basis for the stay and the additional relief requested in the application.
I wish for an opportunity to be heard. I believe I have given notice to all parties.
I ask for the Administrative Judge to entertain my Order to Show Cause, and if possible, sign it. If it is signed, I would like an oral argument and determination by the Administrative Judge. Part of the relief I want is recusal and disqualification of Justice Castorina. He is a criminal and a felon. He perjured himself in Grand Jury testimony in August of 2018:
https://frankreport.com/?s=castorina
How can he be a lawyer, let alone a Supreme Court Justice? How can he judge me? I was a cop for a long time. Now a criminal wants to drag me before him in chains?
There are also subject matter jurisdiction issues. If Justice Castorina is an illegitimate Supreme Court Justice, then all of his rulings in my case are null and void.
There are other issues as well, all addressed in the papers.
If the Administrative Judge declines to sign the Order to Show Cause, I would at least ask that the Court either sign and endorse the declination to sign or So Order the transcript of the Court’s declination on the record. This is what the Appellate Division needs so that I can be heard.
Let me know if you need anything else. I am available by phone. I can also do Zoom or Microsoft Teams from my phone if possible.
I am an elderly person, and I do not believe I can survive Justice Castorina ordering me dragged before him in chains all the way from Florida.
Justice Castorina knows I have been rendered judicially indigent. All of my accounts are frozen (by his Orders), I have no access to monies or assets, I am rendered indigent, and I have not been afforded an attorney or appointed counsel.
I am an elderly retired NYPD Detective and 9/11 responder, and I am in a dire situation.
I live in Florida now, and I am elderly and in ill health. I can't show up in Staten Island to get anyone to sign anything. I can't show up in Brooklyn. I need a reasonable accommodation.
Justice Castorina found me in contempt when I was absent from court. I have reasonable excuses and meritorious defenses as outlined in my papers.
I would like all of my defaults opened up based on the reasons in the papers.
I can confirm to the Court I have no money because Justice Castorina froze all my accounts and Attorney Marangos improperly froze and seized assets that the court said belonged to me.
Justice Castorina ordered all the lawyers paid with the money. Walter Anderocci, Gary Angiuli, and now John Marangos. I also think Gina Sgaralto is helping my ex-wife from the background. Like I said in my papers, Castorina has to be taking envelopes. It’s the only explanation. I believe this to be true.
Castorina says I have money. That's news to me. I'm broke.
I can't hire a lawyer, and Justice Castorina didn't give me one even though he found me in contempt. I am indigent. I'm no lawyer, but I know that's not the way its supposed to work.
I was married for 31 years and worked my whole life. I put four daughters through Wagner College. When I wasn’t on the job as an NYPD Detective, I was working as a plumber. Now, I've got nothing, and this guy doesn't want me to live.
Justice Castorina knows the case. He knows I left the job on total disability in 2003. He knows my medical issues, and he’s frozen all my money - my bank account, my IRA, my pensions. Then he tells me to pay an ambulette to drive me up from Florida. He’s off his rocker. We’re not all millionaires like him.
This is an emergency. Justice Castorina has called on the police to chain me up and drag me in front of him. He has no legal basis to do so. And I might lose my legs if he's successful.
Every Law Enforcement Association should withdraw their endorsement for Castorina because of his consistent anti-cop stance and disregard for the well-being of law enforcement veterans who appear before him. I am not alone. He has gone after - and taken - 9-11 Victim Compensation Fund and Pension monies from retired cops. He goes off the record and then bullies the cops from the bench. He is a disgrace.
What is going on? This isn't justice!
Please Justice Green. You are my only hope left on Staten Island. I want to be treated like a human being.
My phone number is 917-697-3113.
Please call me and let me know what is going on.
Thank you,
Guy Simonetti
917-697-3113
guy59@verizon.net
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