Explosive Grievance Complaint Targets New York Judges for Alleged Misconduct and Bias
Rockland County Supreme Court Justices Sherri Eisenpress and Thomas Zugibe Accused of Unethical Behavior; Not Eisenpress' First Time, Papers Allege
By Dick LaFontaine and Richard Luthmann
Rockland County, NY – They say a good lawyer knows the law, but a great lawyer knows the Judge. A high-stakes divorce case has spiraled into just those accusations of judicial misconduct involving fraternization and political contributions by select attorneys with a sitting judge that influenced court decisions, filed papers allege.
Rockland County Supreme Court Justices Sherri Eisenpress and Thomas Zugibe are implicated in alleged unethical behavior and bias. Justice Eisenpress’ relationship with Attorney Lisa Zeiderman of Miller Zeiderman, LLP, is under scrutiny.
Sai Malena Jimenez Fogarty, who filed the grievance, asserts that these judges’ actions have significantly impacted the fairness of her divorce proceedings, which began on September 29, 2021, under docket number 035547/2021.
Fogarty and her ex-husband were principals in Highbury Concrete, Inc., headquartered in Queens, New York, an important asset in the divorce proceedings. Highbury Concrete has completed various architectural concrete superstructure projects, focusing on mid-to high-rise skyscrapers. The company has completed over $200 million in regional contract construction work.
Key Allegations:
Justice Eisenpress is accused of accepting a $2,500 donation from attorney Lisa Zeiderman of Miller Zeiderman, LLP, during her political campaign fundraiser, a move that Fogerty argues influenced her decision-making in the case. Zeiderman represented her ex-husband at the time, and the case was before Justice Eisenpress when the donation was made.
Allegedly influenced by this donation, on May 17, 2022, Justice Eisenpress issued an order granting sole legal and physical custody to attorney Lisa Zeiderman’s client. This move, executed with no motion pending, has been labeled as a breach of due process.
Judge Eisenpress took vacations and attended several events with Lisa Zeiderman and other opposing counsels, raising eyebrows about potential conflicts of interest.
Justice Eisenpress socializing with Attorney Lisa Zeiderman and others. After these allegations came to light, Eisenpress recused herself from the case, which then fell under the purview of Judge Zugibe. Fogarty, however, contends that Judge Zugibe has shown retaliation and bias against her, continuing the questionable decisions of his predecessor.
Allegations against Judge Sherri Eisenpress
The divorce process was initiated on September 29, 2021. Initially presided over by Referee Dean Richardson Mendelson, the case was later transferred to Judge Sherri Eisenpress. However, Judge Eisenpress recused herself on May 20, 2022, passing the torch to Judge Thomas Zugibe due to the alleged misconduct.
“Judge Eisenpress’ blatant misconduct rendered the case fundamentally unfair. Judge Eisenpress and my husband’s attorney, Lisa Zeiderman violated numerous rules of professional conduct for New York State. Judge Eisenpress received donations for a campaign fundraiser hosted by attorney Lisa Zeiderman in her home during the proceedings of my case, which influenced Judge Eisenpress’ decision-making process,” the grievance reads.
Judge Eisenpress is accused of engaging in unethical activities with the plaintiff’s attorney, Lisa Zeiderman, during the divorce proceedings, which Fogarty believes heavily influenced the case’s outcome.
Specifically, Eisenpress allegedly received donations for a campaign fundraiser hosted by Zeiderman during the court proceedings. Furthermore, evidence suggests Eisenpress accepted a $2,500 donation from opposing counsel’s law firm, Miller Zeiderman, shortly before making a pivotal ruling in favor of the plaintiff.
Several exhibits were presented to validate Fogerty’s claims:
Exhibit “A”: Invitation to the fundraiser hosted by Lisa Zeiderman on May 22, 2022.
Exhibit “B”: Electronic distribution of fundraiser invitations by Justice Eisenpress on May 9, 2022.
Exhibit “C”: Documentation of a $2,500 donation from Miller Zeiderman to Justice Eisenpress on May 16, 2022.
Exhibit “D”: The order from Justice Eisenpress on May 17, 2022, granting sole custody to the plaintiff.
It’s alleged that Justice Eisenpress fraternized with opposing counsels, attending several social events and vacations with them. She also allegedly admitted not reading critical supervision reports detailing child abuse claims. These controversies culminated in Eisenpress recusing herself due to the mounting allegations.
History of Scrutiny
Eisenpress isn’t new to controversy. Historical records indicate she’s been involved in questionable financial practices since 2011. The filed papers say that an FBI sting links her to alleged illegal campaign schemes, donations, and bribery.
Prominent figures, like Rockland Legislator Charles Faciglia, have criticized her rulings. A petition to remove her from the bench on Change.org has amassed a significant number of signatures.
Justice Thomas Zugibe’s Role
Following Justice Eisenpress’s recusal, Justice Thomas Zugibe took over the case. However, Fogarty claims that he retaliated against her for Eisenpress’s removal.
Despite presenting evidence of her children being in potential danger, Zugibe allegedly dismissed Fogerty’sclaims and further restricted her communication with the court.
Zugibe is accused of proceeding with a custody trial without Fogerty’s presence and initiating ex parte communication.
Request for Comment and Responses
We sent a request for comment to the Office of Court Administration, the representative agency for sitting New York State Supreme Court Justices. Director of Public Information Lucien Chalfen responded, “Complaints made to the Attorney Grievance Committees are considered confidential. Therefore, we have no comment.”
We also sent a request for comment to Attorney Lisa Zeiderman. No response has been received as of press time.
Stay tuned as this story develops.
Richard Luthmann is a writer, commentator, satirist, and investigative journalist with degrees from Columbia University and the University of Miami. A transplanted New Yorker, Luthmann is a member of the National Writers Union now living in Southwest Florida.
Check him out on Muck Rack.
“I am a journalist who writes about justice, the courts, government officials, prisons, and reform. You find some questionable players in all these places and often outright crooks. Exposing these bottom feeders from the outside is sometimes the only way to make them pay the price for their injustice and misdeeds.”
“I often use satire and opinion to make my point. I have already been told to ‘stop writing about the Government’ by the U.S. Government, so I must be doing something right.”
“If you’re a victim of the system, maybe the press is the right forum for you. If you have experienced injustice and are tired of dropping tens of thousands of dollars without results, maybe it’s time to try the digital pen.”
Contact Richard Luthmann at 239-631-5957 or richard.luthmann@protonmail.com.
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https://www.lohud.com/story/news/politics/2016/03/28/eisenpress-campaign-donations/82251954/#:~:text=Related%3A%20Orthodox%20Jewish%20radio%20show%20used%20in%20FBI%20sting&text=The%20Journal%20News%20reviewed%20the,limit%20that%20year%20was%20%244%2C037. Not new with Eisenpress. She has been investigated before for how campaign donations affect her decisions.
https://www.silive.com/crime-safety/2021/08/trial-by-combat-lawyer-richard-luthmann-released-from-federal-custody.html