Posted at: http://issuu.com/prayerwarriorsneeded/docs/cor_mailed_final_nys_tax_and_dept_o
SUPERVISING ADMINISTRATIVE LAW JUDGE STATE OF NEW YORK DIVISION OF TAX APPEALS AGENCY BUILDING 1 EMPIRE STATE PLAZA ALBANY, NY 12223 MIRIAM SNYDER,
DTA# 826108 EMERGENCY TAX APPEAL PETITION AND MOTION FOR SANCTIONS AGAINST RESPONDENTS FOR ONGOING AND CONTINUOUS AGGRAVATED HARASSMENT, OBSTRUCTION OF RESJUDICATA PRICIPLES, UNREGULATED AND INFINITE ORGANIZED FRAUD, ABUSE OF AUTHORITY AND REPLICATED ATTORNEY DECEIT
PRO SE PETITIONER NOTICE OF NYS DEPARTMENT OF TAXATION AND FINANCE COLLECTIONS AND CIVIL ENFORCEMENT DIVISION CONTEMPT, HARASSMENT AND DISREGARD OF DISMISAL OF ALL CLAIMS STIPULATION WITH PREJUDICE NOTICE OF RESPONDENT NEWLY CONCOCTED CONTEMPT EXTORTION DOCUMENTS DATED APRIL 15, 2015 AND REPEATED CRIMINAL THREAT OF DRIVER LICENSE SUSPENSION FOR DEADLY AND IMPROPER PURPOSES EMBEDDED IN A DOCUMENTED CONSPIRCY TO COVERTLY MURDER, PIT AND ENJOIN THE POICE, HARASS AND CAUSE UNNECESSARY EXPENSE, NOTICE OF COVERT MURDER PLAN AND PROGRAMMING CRIMINALLY ENJOINING AND USING THE NYS DEPARTMENT OF TAXATION, NYS DEPARTMENT OF MOTOR VEHICLES, AND THE NYC POLICE DEPARTMENT FOR VEXATIOUS AND RETALITORY PREMEDITATED CONTEMPTIVE AND MALICIOUS LICENSE REVOCATION TO CRIMINALLY PIT POLICE OFFICERS AFTER AND AGAINST PETITIONER TO COVERTLY KILL, HARASS AND CAUSE UNNECESSARY EXPENSE MOTION FOR AGENCY SANCTIONS AND RESTRAINING ORDER
VS. AMANDA HILLER, INDIVIDUALLY AND AS DEPUTY COMMISSIONER AND COUNSELOR STATE OF NEW YORK DEPARTMENT OF TAXATION AND FINANCE, MICHELE W. MILAVEC INDIVIDUALLY AND AS SENIOR ATTORNEY STATE OF NEW YORK DEPARTMENT OF TAXATION AND FINANCE, KEVIN ID # 5470 INIVIDUALLY AND AS MEMBER OF THE STATE OF NEW YORK DEPARTMENT OF TAXATION AND FINANCE AND THE STATE OF NEW YORK DEPARTMENT OF TAXATION AND FINANCE, FICTITIOUS RESPONDENTS, ATTORNEYS ACTING AS WITNESSES AND MALICIOUS DEBT COLLECTORS ____________________________________________________________________________________ 1
1. I, Miriam Snyder, am the Petitioner in this case. This Tax Appeal Tribunal has the authority to decide my request for a finding of contempt and sanctions against the respondents for their repeated abuse of authority fraudulent filings including the filing of repeated frivolous claims and life threatening seizures as detailed in the Respondents repeated resjudicata extortion claims attached as exhibitS 3-4. 2. Exhibit 2, is an Order entered in this case dated February 15, 2015. This Order was based on the Respondents no proof of anything dismissal stipulation. Petitioner agreed to a stipulation for dismissal with prejudice of ALL of the Respondents bogus extortion claims and driver license suspensions coercions, after over one year of Petitioner fighting off this indisputable Respondent organized fraud. 3. The Respondents dismissed ALL of their fraudulent claims against Petitioner and Petitioner agreed with the complete dismissal, in the invocation of justice. Any deviation from a complete dismissal stipulation is objected to. 4. The Respondents organized fraud, computer created printouts, extortion and non-validated claims included the below unsigned defective alleged assessments regardless of the concocted symbols attached to them: A. L-O40663127-9 B. L-040663126-1 C. E-025598055-2 D. The below assessments are expired but were lawlessly referenced: E. L-025598055-2 12/31/00 F. L-023414207-1 12/31/01 G. L-027624035-5 12/31/02 H. L-028080145-6 12/31/03
5. The Respondents violated the exhibit 1 attached Final Order dismissing the Respondents extortion claims with prejudice. The Respondents wasted petitioner’s time and judicial resources by filing these frivolous extortion claims that the respondents discontinued. Hence, for the respondents to resurrect their extortion claims via the attached exhibits 3-4, extortion threats, while a final Order has been rendered dismissing the same claims with prejudice, exemplifies respondent willful Contempt and harassment, in the filing of repeated, threatening, resjudicata and harassing frivolous claims for harassment and needless increase in the cost of litigation. 2
6. The respondents replicated extortion claims with repeated lawless threats of seizure of property interest without legitimate legal or factual basis epitomizes bad faith acts needing sanctioning. 7. The respondents lawlessly filed the attached exhibits 3-4extortion and threat of seizure of Petitioner’s Driver’s license notice dated April 15, 2015. This Notice violates the Final Order dismissing with prejudice the respondents same extortion claims. 8. The Respondents Extortion Notice dated April 15, 2015 invokes resjudicata, malice, repeated fraud and harassment, and contempt. 9. Additionally, the respondents newly concocted Extortion Notice of Proposed Diver License Suspension Referral was served improperly. A neighbor brought this notice to the Petitioner on May 28, 2015 stating it was placed in her mailbox. This lawless Notice seeks to extort money from Petitioner based on the exact organized fraud Petitioner just fought off from the Respondents, specifically, no service, improper service, no complaint, no summons, no witness, no authentications, no real party in interest, no signed assessments, no authentic documents, no valid evidence, no valid affidavit or affirmation, etc…The Respondents sent the Petitioner the April 15, 2015 unsigned tax extortion papers and driver license threat for the purpose of harassment and to cause unnecessary expense and time in fighting off the same additional tax corruption and fraud. 10. The Respondents have violated the stipulation agreement dismissing ALL claims and they have obstructed the Supervising Judge’s Final Order discontinuing All Respondent claims with prejudice by filing the same extortion claims and license suspension threats against petitioner with no proof of anything and no evidentiary support again. 11. Contempt charges and Sanctions against the Respondents are warranted for their willful replicated extortion claims that are unsupported by existing law or a good faith argument and for their claims that have no evidentiary support. 12. A restraining Order, contempt charges and sanctions should be placed on the Respondents for repeatedly sending the Petitioner abusive, threatening and extortion documents not supported by law, evidence and that are based on fraud, misrepresentation, illegality, unconscionability, lack of due service, violations of law, and other illegalities. 3
13. A restraining Order, contempt charges and sanctions should be placed on the Respondents for their repeated violations of CPLR Rule 3211(10) - the court should not proceed in the absence of a person who should be a party. The Respondents have no real party in interest and there is no injured party. 14. A restraining Order, contempt charges and sanctions should be placed on the Respondents for their repeated violations of CPLR ยง3211(e), by not serving their concocted extortion and unconstitutional seizure documents properly. 15. A restraining Order, contempt charges and sanctions should be placed on the Respondents for their attempts to Unjustly Enrich themselves by Wrong Doing at the expense of Miriam Snyder. This is evidenced by the lack of verification by Affidavit or Affirmation by a Sworn Statement Under Penalty of Perjury of their Bogus Claims as required by the Uniform Rules for N.Y.S. Trial Courts Part 202, Uniform Rules 202.12 for the Supreme Court and County Court. 16. A restraining Order, contempt charges and sanctions should be placed on the Respondents for the Respondents hearsay third party fact testimony as third party debt collectors which is unverified, not under oath and not supported by affidavit and violates CPLR 2106. Until there is fact testimony given by the Injured Party under oath or by Affidavit or a complaint is filed supported by oath or affidavit, the Respondents claims are void and their license suspension and threats of license suspension are criminal. 17. A restraining Order, contempt charges and sanctions should be placed on the Respondents for the Respondents attempts to shift the burden of proof while they are trying to extort money from Petitioner without a valid or visible contract, complaint, summons, real party in interest, court order or a valid joinder to or with the alleged lenders. 18. A restraining Order, contempt charges and sanctions should be placed on the Respondents for the Respondent attorneys acting as witness and attorneys in contravention to established rules of law. It is a well-established rule that an attorney for alleged petitioner or respondent cannot advance allegations of truth for the alleged petitioner or respondent without supporting averments from the alleged petitioner or respondent being entered into the record. In this matter, the alleged Respondents and the attorneys purporting to be and represent the alleged
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Respondents have failed to establish standing to extort money or seize the petitioner’s license by failing to show this tribunal evidence of injury or damages introduced by a competent fact witness. 19. There has been no Respondent original documentation placed in to the record and the Respondents extortion and unconstitutional seizure claims fail to state a claim for which relief can be granted. The respondents have violated CPLR §1001 which requires the Respondent attorneys to establish a joinder of parties to the Respondents. 20. A restraining Order, contempt charges and sanctions should be placed on the Respondents for the Respondent attorneys violation of Section 130-1.1 I by failing to produce, sign and certify the complaint in accordance with Section 130-1.1 (a) (b) where it states: “(a) Signature. Every pleading, written motion, and other paper, served on another party or filed or submitted to the court shall be signed by an attorney, or by a party if the party is not represented by an attorney, with the name of the attorney or party clearly printed or typed directly below the signature.” “(b) Certification. By signing a paper, an attorney or party certifies that, to the best of that person’s knowledge, information and belief, formed after an inquiry reasonable under the circumstances, (1) the presentation of the paper or the contentions therein are not frivolous as defined in section 130-1.1 (c)”.of this Subpart, and (2) where the paper is an initiating pleading, (i) the matter was not obtained through illegal conduct, or that if it was, the attorney or other persons responsible for the illegal conduct are not participating in the matter or sharing in any fee earned therefrom, and (ii) the matter was not obtained in violation of 22 NYCRR 1200.41-a [DR 7-111]”. 21. A restraining Order, contempt charges and sanctions should be placed on the Respondents because the Respondents have lawlessly acted as witnesses and attorneys in this matter. The Respondents have failed to sign and certify motion pleadings and other papers. These non-signatures and non-certifications, certify that the Respondents papers submitted are meritless and inflicted to undermine and obstruct consumer and due process protections embedded in the United States of America’s Constitution, the FDCPA, , and the NY GBL laws. The law provides sanctions for violation of the certification. Cooter & Gell v. Hartmarx Corp., 496 US 384 110 S. Ct. 2447 (1990).
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22. A restraining Order, contempt charges and sanctions should be placed on the Respondents because the Respondents answer is not certified, signed or executed by an injured or real party and there is no proof of any real or injured party. 23. A restraining Order, contempt charges and sanctions should be placed on the Respondents for the Respondents violation of GBS § 458-g - Contracts void and unenforceable. The Respondents have used the tax collection process for slavery- forced compliance to invisible contracts not held. The Respondents have extorted money from the Petitioner and have wrongfully suspended her driver’s license while not having a summons, complaint or contract. The Respondents are penalizing innocent people for not partaking in their extortion based, invisible and unenforceable contracts. 24. A restraining Order, contempt charges and sanctions should be placed on the Respondents for the Respondents refusal to certify to the Tax Appeals Board that the matters represented in their motions, exhibits and extortion and license seizure documents are based on the best of the signer’s knowledge, information and belief and has been signed after an inquiry reasonable under the circumstances. 25. A restraining Order, contempt charges and sanctions should be placed on the Respondents for the Respondents replicated and newly created extortion and driver license suspension concoctions dated April 15, 2015 because the Respondents resjudicata and contempt claims are NOT objectively based on reasonable inquiry. 26. Please take judicial notice that the Respondents failure to conduct a reasonable inquiry is sanctionable even if the allegations were made in good faith. Byrne v. EZ Hat, 216 F.3d 1075 (11th Cir. 2001). 27. Please take Judicial Notice that the Respondents have acted recklessly via enforcing repeated misrepresentations with intent to deceive. The intent to deceive is exemplified in the Respondents above noted state and FRCP Rule 11 signature obstructions. After obstructing state level signature and certification requirements the Respondents presented additional improper and defective documents under the disguise of affidavits. These concoctions attested to a nonexistent and non-produced contract created to subterfuge the unsigned assessments and the overall organized fraud. The Respondents repeated uncertified, unsigned and unauthorized extortion letters, motions, pleadings, exhibits, and all of their Rule 11 obstructions were invoked for purposes to harass and
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cause unnecessary delay and needless increase in the cost of litigation. Motions without legitimate legal or factual basis will be deemed in bad faith. Porous Medical Corp. v. Parr Corp., 201 F.3d 1058, 1059 (8th Cir. 2000). 28. Had the Respondents ruthless, meritless, unsigned, uncertified, defective documents been stopped, the baseless April 15, 2015 covert conspiracy to murder and harass obstructions and further misrepresentations would not exist now requiring this Sanction Motion. Petitioner will later detail how Respondents resjudiciata and contempt extortion documents dated April 15, 2015 were enforced for improper purposes that solely make way for wrongful suspension of driver’s license, police pitting, elder abuse of Petitioner’s mother, conspiracy to murder, harassment and to cause unnecessary expenses associated with another Respondent plotted wrongful suspension and car booting. 29. There is a great need for sanctions as to deter the Respondents continued baseless filings and thus avoid the expenditure of unnecessary resources by imposing sanctions on the Respondents. 30. The Respondents Motion, Reply and April 15, 2015 extortion and license suspension threat concoctions present NO reasonable inquiry under the circumstances and the allegations are not based on factual data, there is no good faith or reasonable expectation that evidence will erupt in support of the allegations in contravention to the ruling in: Rotella v. Wood, 528 US 549, 120 S.Ct. 1075, 145 L.Ed.2d 1047 (2000). 31. Please take Judicial Notice of the fact that Sanctions may be issued by this body for violations of the standards in FRCP 11(b). Sanctions for a Rule 11(a) violation are spelled out in Rule 11(a). An unsigned document may be stricken. As such, Petitioner moves to strike all of the Respondents unsigned extortion and unconstitutional seizure documents, particularly their newest fraud dated April 15, 2015. 32. Petitioner seeks sanctions against the Respondents to discourage the Respondents dilatory and abusive tactics, and to help streamline the litigation process by lessening their frivolous acts. Please take Judicial Notice that Sanctions may also be imposed for the purpose of deterrence, compensation and punishment. Massengale v. Kolner, 267 F.3d 1298 (11th Cir. 2001).
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The parties subject to sanctions under Rule 11 include:
a. Michele W. Milavec, Individually and as Attorney State of New York Department of Taxation and Finance b. Amanda Hiller, Individually and as Attorney State of New York Department of Taxation and Finance c. Each of the attorney’s law firms, which are jointly liable, 33. Petitioner seeks the issuance of a sanction requiring payment of administrative fees to provide compensation to the Petitioner and to provide compensation for the number of hours reasonably spent by her, directly related to the Respondent’s ongoing and unregulated violations, which is multiplied by the reasonable hourly rate for the work performed. Petitioner seeks such based on a public policy goal of deterrence as articulated in: Barber v. Miller, 146 F.3d 707 (9th Cir. 1998). 34. The Respondents April 2015 unsigned, contemptive, and invalid extortion and license seizure documents completely lack merit, are baseless, and malicious and for such reasons their previous claims were dismissed with prejudice by stipulation initiated by the respondents and agreed upon by Petitioner and ordained by Final Order. 35. The Respondents repetitious and willful violations of FRCP11, Fair Debt Collection Practices Act (FDCPA) 15 U.S.C. § 1692 et seq., as well as violations of the New York General Business Law § 349, § 380-B and Invasion of Privacy laws, have presented a most unethical, offensive, contrary to the facts April 2015 deadly threat, with clear intent to deceive, harm and harass. 36. The Respondents obstructions of the rule of law, their defective papers, no valid evidence, coupled with their deceit and fraud negatively impact all involved. It wastes the Tribunals time and money and harasses Petitioner. Above all, the Respondents defective papers, malicious and unjustified claims, obstruct the orderly and expeditious administration of the Tribunal. 37. Sanctions against the Respondents are needed to deter their continued and replicated baseless filings and to avoid the continued expenditure of unnecessary resources.
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38. The Respondent’s deceit has cost the court and the Petitioner time and money. A reasonable attorney in like circumstances would never conduct himself in the criminal manner like the Respondent attorney/witnesses have. 39. The Tax Appeals Board has the inherent power to correct and Sanction. The Board has inherent power to issue sanctions concerning matters within its jurisdiction. The Supreme Court has ruled that administrative bodies have the power to manage their own affairs so as to achieve the orderly and expeditious disposition of cases. Trial judges can issue sanctions for misconduct even without a finding of bad faith. U.S. v. Seltzer, 227 F.3d 36, 39 (2nd Cir. 2000). 40. Under the Tax Body’s inherent power to issue sanctions, this body may assess attorney’s fees and costs against the offending attorney or client or both when either has acted in bad faith, vexatiously, wanton or for oppressive reasons. Barnes v. Dalton, 158 F.3d 1212, 1214 (11th Cir. 1998). 41. Respondents acting as attorneys and witnesses, are supposed to be trained in law and should not invoke criminal tactics embedded in a scheme to defraud. They should know better. The attorney actions in this matter are reckless, criminal, unprofessional, unethical, and vindictive. They have failed to call in witnesses with personal knowledge to the affairs of the Department of Taxation and Finance as it relates to their nonexistent claims. They have deliberately obstructed the legal process by submitting defective, unjustified, non-relevant, exploitive and volatile documents in this matter. 42. The Attorneys have failed to defend under the right legal theory and have failed to plead available and non-criminal defenses. They have brought in deceptive and misleading evidence and witnesses and failed to bring in right evidence or witnesses. The attorneys have failed to establish and produce a contract that would solidify their extortion claims. 43. The Respondents have resorted to a criminal scheme to defraud the court and Petitioner to attempt to conceal the fact that they could not show a valid business contract between Petitioner and Respondent and are criminally and deceitfully trying to shift the burden of proof they have. Petitioner makes judicial note that such Respondent deceit is not going to be entertained, Petitioner seeks the production of the Respondents lien, court order, warrant, summons, complaint and affirmations for all of their
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extortion claims and demands that the non-production of such ends this newly concocted fraud dated April 15, 2015. 44. Please take judicial notice of the below events that exemplify that the Respondents contempt, extortion, and criminal threat of license seizure documents dated April 15, 2015 were presented to Petitioner for improper purposes embedded in the criminal use of Respondent agency for Eugenicists Lippman and Gray personal revenge, retaliation, abuse of authority, to cause replicated unnecessary expenses and for oppressive reasons. 45. The timing of the below linked criminal complaints on these two criminals and the Respondent April 15, 2015 dated extortion, contempt, resjudicata and lawless license seizure documents exemplify retaliation and the criminal use and usurpation of respondent agency for criminal and deadly improper purposes. 46. January and February 2015 Petitioner filed criminal charges against Eugenicists, Satanists, and Regional Killers, NYS Chief Criminal and Judge Jonathan Lippman and Boyden Gray detailing their criminal agency usurpations, regional eugenic killing programmings, conspiracy to murder Petitioner and her mother, conspiracy against rights, aggravated harassment, and apartment vandalism crimes against Petitioner. 47. In retaliation to filing these self-authenticating criminal reports, these eugenic criminals used Respondent organization to assault Petitioner vexatiously and repetitiously. The timing of and presentment of the April 15, 2015 contempt of court and resjudiccata NYS Tax extortion and license seizure documents exemplify retaliation. 48. The Respondent retaliatory, resjudicata, contempt of court, and aggravated harassment documents dated April 15, 2015 created to pave the way for conspiracy to murder crimes, embedded in the criminal use of the Respondents resjudicata documents dated April 15, 2015, to criminally make way for a criminal license suspension to pit the police against petitioner. Hence, leaving petitioner’s elderly mother without care facilitating this criminally conspired demise.
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49. Please see the below criminal reports Petitioner wrote regarding these eugenicists and killers criminal usurpations over Respondent agency and the criminal and repeated use of Respondent agency and documents for criminal purposes directly associated with harassment and to cause and inflict unnecessary expenses, particularly unwarranted, unnecessary and criminal car booting/towing expenses 50. Please read about the Respondent agency repeated, organized fraud based, aggravated harassment, unnecessary and criminal induced car expense creations here: http://issuu.com/prayerwarriorsneeded/docs/finalee_notarized_snyder_claim_with/1 51. Please read the below linked February 2015 criminal report documenting the above noted criminal eugenicists criminal agency usurpations, organized fraud, and killing programming’s: NYS CHIEF JUDICIAL TRESPASS AND EUGENICIST, JONATHAN LIPPMAN AND REGIONAL KILLER AND EUGENICIST BOYDEN GRAY’S UNSUPERVISED, LAWLESSLY CONSPIRED, EMBEZZLED, AND SET ASIDE USAID UNACCOUNTED MULTIBILLION DOLLAR MONIES http://endorganizedcrimeuniverse.com/assets/download/NOTARIZED_W_LINKS___FEBRUARY_2015_REGIONAL_KILLER_ BOYDEN_GRAY_AND_JONATTHAN_LIPPMA_EUGENIC_KILLING__FUNDING_SOURCE.pdf OR http://issuu.com/prayerwarriorsneeded/docs/notarized__february_2015_regional_k OR https://drive.google.com/file/d/0B4GxpI4lqlisUGJyR0FZR2VFMTQ/view?usp=sharing
52. Please read the below linked January 2015 criminal report documenting the above noted criminal eugenicist’s criminal agency usurpations, organized fraud, and killing programming’s: NYS JUDICIAL CORRUPTION AND SECRET EUGENIC MASSACRE PROGRAMMINGS http://endorganizedcrimeuniverse.com/assets/download/MAILED_NOTARIZED_JANUARY_5_2014_CRI MINAL_REPORT__UNIVERSITY_OF_ROCHESTER_EUGENICISTS_GARY_ENGLISH__BOYDEN_ GRAY__JONATHAN_LIPPMAN.pdf OR http://issuu.com/prayerwarriorsneeded/docs/finalee_criminal_report_december_31/0 OR https://www.scribd.com/doc/251605859/THE-UNIVERSITY-OF-ROCHESTER-EUGENICISTS-ANDTHEIR-2015-KILLING-PROJECTS-MASKED-ASRESEARCH?secret_password=D6MWUHMhHV1h1zy1yo8e 53. The Respondents contempt, extortion, and criminal threat of license seizure documents dated April 15, 2015 were presented for improper purposes that pave the way for conspiracy to murder, conspiracy to incarcerate petitioner for premeditated wrongful driver license suspension, to pit and wrongfully use police officers against innocent people, such as Petitioner and to put petitioner’s elderly mother in premeditated and preventable harm’s way. 11
54. The Respondents April 15, 2015 dated extortion, contempt of court, and resjudicata documents were created, concocted, and presented, for improper and criminal purposes as described above and as such Respondent agency, agents, actions and their documents require contempt charges and sanctions. The law provides sanctions for Respondents improper purposes, plots that kill, organized fraud, extortion, deception, and allegations that do not have after one year of investigation and litigation, evidentiary support. 55. Petitioner has attached 4 exhibits to this and an affidavit in support.
56. Petitioner objects to anything other than what was agreed upon via stipulation and that was a COMPLETE DISMISSAL OF ALL RESPONDENT OVER ONE YEAR ALREADY LITIGATED, UNSUBSTANTIATED, RUTHLESS, INDUCED OPPRESSION, ORGANIZE FRAUD, ABUSE OF AUTHORIY, CONTEMPT, EXTORTION, RETALITORY, AND LEGAL ABUSE FRAUD ALLEGATIONS, PRESENTED AND FILED IN THIS BODY FOR PURPOSES OF HARASSMENT AND TO CAUSE UNWARRANTED, UNNECESSARY, DEADLY AND BURDENSOME EXPENSES.
57. Petitioner objects to all deceit, deception, misrepresentations, word and vocabulary trickery, unconscionable contracting, organized fraud, legal fraud, illegality, and lawlessness in all documents in this matter.
58. Petitioner cannot institute the 21 day sanction wait period due to the respondents deadly and timed threats against Petitioner and improper service of the respondents April 15, 2015 dated, resjudiciata, contempt of court, replicated extortion and unwarranted driver license suspension documents. 59. Contempt charges and sanctions are required against the Respondents because the Respondents have repeatedly not made a reasonable inquiry into the facts, law and or evidence before filing and presenting extortion and license suspension documents, particularly the Respondents April 15, 2015 dated, resjudicta and contempt, threatening, criminal, extortion documents.
60. This body should award the following sanctions and penalties as well as relief the body feels that will invoke justice and deter the sanctionable actions cited:
a. Declare the Respondents April 15, 2015 extortion and license suspension documents as voided contempt documents in that they were crafted, concocted and presented in contravention to the party’s agreed upon dismissal with prejudice stipulation of ALL Respondent unsubstantiated extortion claims. The monetary sanction for this should be $5000.00. 12
b. Declare the Respondents April 15, 2015 extortion and license suspension documents as voided contempt documents in that they were filed in contravention to the Final Order dismantling Respondent claims with prejudice. The monetary sanction for this should be $5000.00. c. Declare the Respondents April 15, 2015 extortion and license suspension documents as voided contempt documents because they were presented to the Petitioner for no other reason other than to harass and cause unnecessary expenses. The monetary sanction for this should be $5000.00. d. Declare the Respondents April 15, 2015 extortion and license suspension documents as voided contempt documents because they present allegations that do not have evidentiary support after one year of litigation and investigation. The monetary sanction for this should be $5000.00. e. Declare the Respondents April 15, 2015 extortion and license suspension documents as voided contempt documents because they deliberately and unwarrantedly threaten Petitioner using claims unsupported by law, evidence, or by a good faith argument for a change in existing law. The monetary sanction for this should be $5000.00 f.
Declare the Respondents April 15, 2015 extortion and license suspension documents as voided contempt documents because they contain allegations that lack evidentiary support after a reasonable opportunity was presented via one year litigation and not one Respondent authentic document or assessment was presented. The monetary sanction for this should be $5000.00
g. Declare the Respondents April 15, 2015 extortion and license suspension documents as voided contempt documents because the Respondents did not make a reasonable inquiry into the facts or law before presenting their threatening and offensive documents. h. Barr the Respondents with penalties from ever resurrecting these frivolous NYS Tax extortion claims and driver license suspensions or threats in that Respondents had over one year to present evidentiary proof of their claims and did not, could not and cannot and as such the Respondents initiated the termination of the tax appeal after a reasonable inquiry effectuating Respondent deficiencies epitomizing organized fraud. i.
An Order barring, banning and sanctioning any and all alleged Petitioner waivers, particularly waivers not having Petitioner’s signature. Petitioner objects to any waiver used without her signature
j. An Order expediting and tripling Petitioner cost, fees, refunds and her counterclaim under NYS Tax Law section 3030. k. Administrative and Legal fees and expenses are sought for preparing this Motion and Notice in response to the Respondents April 2015 resjudicata lawless extortion and license seizure contempt documents.
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Conclusion: 61. For all the reasons in this document, Petitioner appeals to the Most High God to direct this body to see that Respondent wrongful and harassing acts and their April 2015 resjudiciata extortion and driver license suspension documents were presented for improper purposes rooted in additional harassment, deceit, fraud and legal abuse and caused unnecessary expenses. 62. Petitioner invokes CPLR 2221, Motion for Reconsideration and or CPLR Rule 5015 section a3 – Relief from Judgment or Order if need be to stop the Respondents ongoing and continuous extortion embedded in fraud, misrepresentation, and deceit as detailed in all of the Petitioner documents. 33. Petitioner demands relief pursuant to CPLR §3017 and CPLR §3019. Counterclaims. Petitioner seeks sanctions against the Respondents as detailed above. Petitioner seeks Orders that will deter repetition of the Respondents indisputable sanctionable and criminal conduct. Thank you.
Respectfully submitted, Dated May 30, 2015
Miriam Snyder
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MIRIAM SNYDER, DTA# 826108 AFFIDAVIT IN SUPPORT OF THE TAX APPEAL MOTION FOR SANCTION PRO SE PETITIONER
VS. AMANDA HILLER, INDIVIDUALLY AND AS DEPUTY COMMISSIONER AND COUNSELOR STATE OF NEW YORK DEPARTMENT OF TAXATION AND FINANCE, MICHELE W. MILAVEC INDIVIDUALLY AND AS SENIOR ATTORNEY STATE OF NEW YORK DEPARTMENT OF TAXATION AND FINANCE, KEVIN ID # 5470 INIVIDUALLY AND AS MEMBER OF THE STATE OF NEW YORK DEPARTMENT OF TAXATION AND FINANCE AND THE STATE OF NEW YORK DEPARTMENT OF TAXATION AND FINANCE, FICTITIOUS RESPONDENTS, ATTORNEYS ACTING AS WITNESSES AND MALICIOUS DEBT COLLECTORS ____________________________________________________________________________________ Petitioner Miriam Snyder being duly sworn deposes and says: 1. I am the Petitioner in this action and have personal knowledge regarding this tax appeal Notice and Motion for Sanctions, Penalties and Relief from the Respondent’s organized fraud. 2. I submit this affidavit in support of the attached Petitioner’s Motion for Sanctions for the Respondents repeated violations of law as cited in the attached Notice and Motion. 3. I attest to the facts in the attached Notice and Motion for Sanction’s, Penalties and Relief and further attest to the veracity in every statement and exhibit attached to this Motion. 4.
I attest to the fact that the statements in the attached Notice and Motion are true, accurate and correct.
5. I attest to the fact there is no valid or worthy evidence of any alleged debt owed to the Respondents. Further, the Petitioner adamantly states she does not owe the Respondents a penny. The Respondents have concocted this abuse of authority fraudulent alleged debt for improper and criminal purposes of harassment, malice and because we can. 6. The Respondents attorneys have failed to sign and certify any of their extortion and license suspension documents. These non-signatures, and no certifications, coupled with the April 2015 extortion and license suspension documents are harassing and certify that the Respondents papers submitted are meritless and inflicted to harass, caused burdensome expenses, pit people, initiate the first components of a conspiracy to kill, undermine and obstruct consumer protections embedded in FDCPA, FCRA, and the NY GBL laws cited in the Petitioner’s documents. 7. I have no record, or competent evidence of any Respondent contract, summons, complaint, business records, assessments or proof of service of any Respondent documents that would solidify their extortion tactics. 8. I am not in receipt of any Respondent lawyer/witness joinder or novation contract and or agreement, particularly with respect to their extortion claims.
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9. The Respondents have had over one year to prove their extortion claims and have not proven with certified documentation (contract or written agreement) establishing any business relationship or permissible purpose for extorting money and suspending her driver’s license. 10. I have no record, knowledge or belief that a Respondent valid contract or “agreement”, exist between any of the Respondents and Miriam Snyder, nor has there been any evidence of such presented to me. 11. The Respondents have not proffered any evidence to support their malicious extortion claims and have not presented any proper purpose for filing their April 15, 2015 resjudicata, harassing, and unreasonable extortion claims. 12. The Respondents ongoing and repeated unsubstantiated extortion claims such as their April 2015 claims and threats are fatally obstructive, defective and devoid of foundation and relevant facts and such unwarranted acts are harassing. 13. The Respondents have acted as attorney and witness, refused to certify documents, are pursuing resjudiciata extortion claims and as such the attorneys have failed to execute the reasonable standard of care a person trained in the law would have executed and should be sanctioned. . 14. I object to the authenticity and validity of each and every Respondent extortion documents submitted, particularly their April 2015 extortion documents. 15. I attest under penalty of perjury that exhibits 3_ and 4 are true and accurate Respondent admissions of contempt in that one document seeks dsmissal/cancellation and the other Respondent document uses deception, incompetence, and malice to continue the exact same harassment Respondents discontinued. Petitioner has first-hand knowledge as to the nature and improper purpose of the Respondent extortion, deliberately planned erroneous license suspension, and police pitting documents that put innocent people and the police in harm’s way based on planned and programmed errors embedded in organized fraud and abuse of authority. 16. I object to Respondent vocabulary trickery and deception and I object to all Petitioner waiver claims that are not in writing with Petitioner’s signature. 17. I attest to the fact that the Respondents are negligently and maliciously using this forum to willfully and maliciously invoke deceit, extortion, bullying, personal revenge, retaliation, resjudicata and further defamation as illustrated in their repeated and replicated already established unauthorized extortion claims. 18. I, Miriam Snyder Petitioner declare under penalty of perjury that the following fees, costs and expenses for which reimbursement is sought are directly related to the volatile deceit, improper purposes and misconduct, of the Respondents in their criminal witness and attorney roles and such is summarized as: a. Sanction fees as detailed in the Petitioner’s motion: Costs for research, time, consultations, copies, and administrative costs, b. Respondents conduct violated the FDCPA, FCRA, and the NY GBL laws cited in the complaint: $25,000.00 c. Actual Damages: Lower Credit Score, Credit Denials, Indignation, Pain, Suffering, Embarrassment, Humiliation, etc… $75,000 d. Statutory damages pursuant to 15 U.S.C. § 1681n(a)(1)(b), 15 U.S.C. § 1681o; e. Statutory damages pursuant to 15 U.S.C. § 1692k(a)(2)(A); f. Statutory and actual damages, trebled, pursuant to Article 25 § 380-o and NY GBL § 349; $300, 000.00
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g. Petitioner seeks expedition of her previously submitted applications for a just and reasonable award of costs, fees, and refunds under NYS Tax Law Section 3030 based on the previously submitted calculations. h. Again, Petitioner seeks enforcement of Petitioner’s counterclaim as the Respondents Dismissal Stipulation with prejudice, with no proof of claim, and no proof of service of any Notice, is substantially justified. The submitted Petitioner’s counterclaim is posted on pages 28-35 at: http://endorganizedcrimeuniverse.com/assets/download/NYS_TAX_REPLY_AND_COUNTERCL AIM_MAIL_RCPTS_N_LINK__CORRECTED__JUNE_17_2014_NYS_TAXES_REPLY_AND_ MOTION_TO_DISMISS__COUNTERCLAIM__AVERMENT__ORDER_TO_SHOW_CUSE.pdf i.
Petitioner reinforces her March 11, 2015 MOTION TO RECONSDIER THE SECTIONS OF THE ORDER DENYING PETITIONER COST, FEES, REFUNDS AND HER COUNTERCLAIM ON THE ORDER DATED FEBRUARY 18, 2015, APPLICATION FOR COSTS, FEES, AND REFUNDS UNDER NYS TAX LAW SECTION 3030 posted at: https://drive.google.com/file/d/0B4GxpI4lqlisWGp2MHBRc0RtX2s/view?usp=sharing
19. Petitioner attests to the fact that that there is no proper purpose for the Respondents resjudicata April 2015 dated extortion claims and Driver license suspension documents after the matter was just litigated for over one year and dismissed with prejudice via Petitioner and Respondent stipulation and ordained with prejudice by Final Order. 20. Petitioner believes that the Respondents April 2015 dated extortion documents were presented improperly, without a reasonable inquiry into the facts and were presented to initiate the first part of a conspiracy to murder plan, criminally using, pitting and enjoining the NYS Department of Motor Vehicles and the NYC police against petitioner to vent eugenic revenge and criminally conceal indisputable Respondent patterned and practiced ORGANIZED FRAUD. 21. The Respondents Organized fraud is exemplified and rooted in extorting money and suspending Petitioner’s license by violating and obstructing well established laws related to resjudicata, due process and discovery denials, and they are administering this organize fraud with no contract, complaint, summons, affidavit, and affirmation and simply put extorting money under the disguise of commercial and tax law with no Respondent valid evidence. Such is objected to in full. 22. The Respondents have inflicted the below key points of organized fraud and must be sanctioned for such and the attempted replication of such legal fraud and harassment: a. The alleged debt is faulty, there is no real party in interest, no ownership and the Ownership of the alleged debt is not offered or proven, b. Balance of the alleged debt is not properly computed because there is no consideration or the Trust would allege it was the holder in due course, c. Business records were not properly presented or prepared from actual business records. Instead a computer printout was prepared just for this extortion and license suspension coercion scam, and not in the ordinary course of business. d. The Respondents initiated this fraud with unclean hands because the alleged and nonexistent debt is predatory, e. This matter epitomizes extortion and license suspension by ambush, first the Respondents denied Petitioner notice, a contract, a summons, a complaint, discovery and then dismissed, then repeated crimes, f. There has been a disregard of objections to witnesses as being not competent to testify --- personal knowledge g. There has been a disregard of Objections to exhibits not properly presented to avoid the hearsay rule,
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23. I, Petitioner Miriam Snyder HEREBY CERTIFY that this affidavit and the Petitioner’s Notice and Tax Appeal Motion for Sanctions, Penalties and Relief with exhibits have been mailed to the alleged attorneys criminally acting as Respondents, witnesses, and attorneys in this matter at: MICHELE W. MILAVEC AND AMANDA HILLER, COUNSELORS STATE OF NEW YORK DEPARTMENT OF TAXATION AND FINANCE, THOMAS MATTOX, COMMISSIONER, THOMAS.MATTOX@TAX.NY.GOV. NYS DEPARTMENT OF TAXATION AND FINANCE OFFICE OF THE DEPUTY INSPECTOR GENERAL BUILDING 9 - ROOM 481 W.A. HARRIMAN CAMPUS ALBANY, NEW YORK 12227 FAXED TO: 518 435 2942 AND 518 485 8679 24. I HEREBY CERTIFY that in an attempt to break the cycle of pitting agencies and police against the Petitioner for eugenic silencing purposes, under the disguise of license suspension, Petitioner is additionally protesting the Respondents repeated organized fraud and lawless license suspension threat via filing this Tax Appeal Motion for Sanctions based on the Respondents resjudicata fraud dated April 2015, with the NYS Tax Conciliation Division via email at: THOMAS.MATTOX@TAX.NY.GOV NYS TAX CONCILIATION DIVISION NYS DEPARTMENT OF TAXATION AND FINANCE W.A. HARRIMAN CAMPUS ALBANY, NEW YORK 12227 25. I HEREBY CERTIFY that this affidavit, the attached Notice and Motion for Sanctions, Penalties and Relief and the exhibits have been mailed to the NYS Department of Motor Vehicle Commissioner Kline to give Notice of the crimes inflicted and enjoining such office and in an attempt to prevent the above noted conspiracy to murder plan via third party enjoinments and pitting plan, as described above and in the Petitioner’s motion. The documents were mailed to: Gregory J. Kline, Deputy Commissioner of Motor Vehicles Department of Motor Vehicles 6 Empire State Plaza Albany, NY 12228 26. I HEREBY CERTIFY that this affidavit, the attached Notice and Motion for Sanctions, Penalties and Relief and the exhibits have been mailed to the NYC Police Commissioner William Bratton to give Notice of the crimes inflicted criminally enjoining the NYC Police and in an attempt to prevent the above noted conspiracy to murder plan via third party enjoinments and police pitting plan, as described above and in the Petitioner’s motion. The documents were mailed to: William J. Bratton, Police Commissioner http://www.nyc.gov/html/mail/html/mailnypd.html NYC Police Department One Police Plaza NY, NY 10038 1-646-610-5000
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EXHIBIT 1 DISMISSAL OF ALL RESPONDENT CLAIMS WITH PREJUDICE STIPULATION
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EXHIBIT 2: DECISION DISMANTLING THE RESPONDENT CLAIMS WITH PREJUDICE
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EXHIBIT 3 THIS IS THE RESPONDENTS DOCUMENTED RESJUDICATA AGGRAVATED HARASSMENT AND CONTEMPT DOCUMENTS DATED APRIL 2015. THESE EXTORTION AND LICENSE SUSPENSION CONTEMPT OF COURT DOCUMENTS ARE IN CONTRAVENTION TO THE AGREED UPON DISMISSAL OF ALL RESPONDENT CLAIMS WITH PREJUDICE STIPULATION
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EXHIBIT 4 THE RESPONDENT’S RESJUDICATA HARASSMENT DOCUMENTS EXEMPLIFYING REPEATED CRIMINAL USE OF UNSIGNED, INVALID, ORGANIZED FRAUD, COMPUTER PRINTOUTS AS AUTHORITY TO EXTORT AND SUSPEND PETITIONER’S LICENSE. THIS IS THE INITIATION OF A DIABOLICAL COVERT PLAN TO KILL, HARM, PIT, ENJOIN THIRD PARTIES, AND EXLOIT PETITIONER, THIS IS DOCUMENTED RESPONDENT EXTORTION WITH NO COURT ORDER, NO CONTRACT, NO SUMMONS, NO COMPLAINT, NO AFFIDAVIT, NO AFFIRMATION, NO SIGNATURE, NO DUE PROCESS, NO PROOF OF CLAIM ANYWHERE, JUST PURE ORGANIZED FRAUD AND EXTORTION.
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XC: MINISTERS ACROSS THE NATION US Senator Schumer and Chuck Grassley United States Senate Committee on the Judiciary 224 Dirksen Senate Office Building, Washington, D.C. 20510-6050 Phone: 202-224-5225 whistleblower@judiciary-rep.senate.gov FBI Fax: (202) 278-2478. E-mail: washington.field@ic.fbi.gov 26 Federal Plaza, 23rd Floor New York, NY 10278-0004 Phone: (212) 384-1000 Andrew Cuomo, NYS Governor, http://www.governor.ny.gov/contact/GovernorContactForm.php State of New York, State Capitol Albany, NY 12224 Mayor Bill de Blasio, http://www.nyc.gov/html/static/pages/officeofthemayor/contact.shtml City Hall New York, NY 10007 New York State Attorney General Civil Rights Bureau 120 Broadway, 25th floor New York NY 10271. William J. Bratton, Police Commissioner http://www.nyc.gov/html/mail/html/mailnypd.html NYC Police Department One Police Plaza NY, NY 10038 1-646-610-5000 New York City Civilian Complaint, http://www.nyc.gov/html/mail/html/mailccrb.html 40 Rector St, New York, NY 10006 (212) 442-8833 Internal Affairs Division, IAB@NYPD.org 315 Hudson Street, 3rd floor New York, NY 10013. Lynn Rosenthal, White House Advisor on Violence against Women The White House 1600 Pennsylvania Avenue NW Washington, DC 20500 http://www.whitehouse.gov/contact/submit-questions-and-comments
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