Unprecedented Federal Lawsuit Against NY Court for Constitutional Violations in the Guardianship System

"This case is about the denial of one of the most fundamental federal rights in the American justice system, the bedrock right—in every case from the lowest village tribunal to the highest court in the land—to hear and respond to all evidence your adversary presents to the court. In an adversarial judicial system like ours, the rule against ex parte communications is the essential guarantor of fair play: it ensures that both sides to a dispute get to see the evidence presented to the court and there is no secret evidence; that such evidence is tested under fire via competing evidence, argument, and/or cross-examination; and that courts are protected from unreliable and inaccurate information by a system that mandates that opposing parties have a right to challenge whatever is presented."

Allan Jacubowicz - Affidavit

"No one has seen him.  Ms. Lissner has kept Peter in virtually complete isolation.  He is in jail rather than his home.  What is happening here is criminal."

Edward Tricomi - Affidavit

"Peter has been one of my best friends for more than 40 years...Until last year, Peter and I saw each other several times a week for decades.  We were constantly in touch."

"On every call we have had with Peter, he begs to see us, and he begs us to call him over and over.  Please come, please visit me, please come see me, please call me, every day.  It breaks my heart."

Mimi Gelb, LMFT - Affidavit

"As an intimate friend of Peter and the Max family for decades, I am outraged that the court-appointed guardian charged with looking out for Peter's interests has for the past year done just the opposite."

Rosie Vela - Affidavit

"Even in the middle of the day, [Peter] appears to be sedated...His eyes rolled back in his head, and he slumped over.  At that point the aide took the phone and hung up on me."

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Court Documents