from Rourke(Plaintiffs) v Peter( Defendant). c) On 6/15/12 Brian Rourke and John Theodore, Attorneys for the Board of Managers, presided at a Board of Managers meeting where the “bid rigging” collusion occurred. i) Plaintiffs were present and participated in the planning, implementation and execution of the alleged bid rigging. (See attached GRANDVIEW PALACE MEETING AGENDA, June 15, 2012 (Defendant’s Exhibit 9). ii) At this meeting, it was agreed to purchase Grandview Palace units up for sale at the Sullivan County, NY Tax Foreclosure auction. This act is also against the HOA bylaws. The Board cannot purchased units using H.O.A funds without 75% of the general membership votes. iii) Pursuant to the HOA Bylaw Article VIII, Section 2. “Consent of Unit Owners to Purchase or Lease by Board of Managers. The Board of Managers shall not purchase any unit without the prior approve of 75% in number and in common interest of unit owners.” The right to purchase units was not delegated to Plaintiffs or the Board of Managers. No voting was held. Defendant and the HOA membership were denied their right to vote on issues of public interest and the spending and wasting of $100,000 of membership funds. Plaintiffs used his Power as a Judge and Lawyer to advised, encouraged, shield, defend, and protect these illegal acts, which were billed to the H.O.A. It was a bad decision that cost the H.O.A $100,000 and possibly the loss of the very units back to the County for failure to pay taxes. iv) June 20, 2012, the day of the auction, held at Sullivan County Community College, in Loch Sheldrake, NY, Plaintiffs were present at the auctions and participated in intimidating bidders. The attorney of record in this claim, Gerald Orseck was also present representing Grandview Palace and is a potential witness in this claim; therefore, Attorney Gerald Orseck must disqualify himself from this case. v) Brian Rourke, an elected local Judge, John Theodore and Gerald Orseck executed the plan conspired days earlier on June 15, 2012. vi) Brian Rourke did in fact intimidate bidders by physically handing out a non-binding, non-legal, “Legal Notice,” flyer inside the auction hall. (Defendant Exhibit 10) The pure weight of Plaintiff Brian Rourke prestigious and powerful position as a Local Judge gives great credibility and believability to the so-called non-legal “Legal Notice.” vii) Defendant and Others being bidders, were threaten, scared away and did not bid on the parcels. Plaintiff Judge Brian Rourke was ordered to seize and desist handing out the flyer by Sullivan County Auctioneer, Ed Haroff, from Haroff Auction and Reality Inc, Sullivan County Treasurer, Ira Cohen and the Sullivan County Sherriff’s Department. viii) Plaintiffs were told that this is bid rigging and a violation of the Sherman Antitrust Act, and to stop it. Judge Brian Rourke ignored the warnings and continued handing out the threatening non-legal “Legal Notice.” flyer. Rourke was again ordered to seize and desist. He continued to intimidate bidders quietly by verbally telling them that they will not get any proceeds if they buy the burnt out Grandview Palace units. ix) Brian Rourke and Theodore along with the President of the Board, Tony Ambrogio, after most bidders were scared away, then purchased approximately eight parcels from the auction at a much-reduced price. x) Plaintiffs’ Lawsuit is clearly to intimidate Defendant for filing the attorney Preliminary Inquiry form to investigate the bid rigging charges.
Posted on: Tue, 11 Jun 2013 19:53:51 +0000
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