Eviction, Evasion, Invasion?

A fraudulent "guardianship" in a matrimonial action, resulted in an unlawful eviction of the ex-wife.

On 05/19/2014 at 10:10 a.m., four squad cars and a van pulled up to a residence at 21 Equestrian Park Drive, Katonah, NY, to carry out what is now ascertained to have been an UNLAWFUL eviction of the ex-wife (5'2" and 105 lbs.) from the marital residence. 

The victim, Diane Colletti-Rotanelli, peaceably opened the door for a Sgt. Grossi, ready to leave.  Sgt. Grossi, who said he was from the Westchester County Sheriff's office, refused to give her a copy of the eviction order. 

The officers, laughing, scattered throughout the marital residence while she stood there unable to stop them.  They refused to do a walk-through of the house or grounds even after her numerous requests so as to document the furnishings, collectibles, artwork, etc. and to verify things were in good order. A final meter reading could not be obtained, as the former Mrs. Diane Rotanelli was being ordered off the grounds.

Several of the officers, a man and a woman, used intimidating tactics, even grabbing her arm numerous times, but Ms. Diane Colletti caused no problems, acceding to their orders. They refused to let her pick up personal items left on the counter, including a camera.

When "escorting" Ms. Colletti out, they caused damage to her vehicle. Sgt. Grossi loudly told her if she stepped one foot on the property she would be arrested. When she asked to see a court order to that effect, he raised his voice even more, and said he is "telling" her. 

Instead of locking the door and leaving, some of the officers went back inside the residence. She parked on the public street to observe. 

Atty. Kenneth L. Bunting, previously appointed by a judge as Guardian ad Litem ("GAL") "to protect" Ms. Colletti's rights and interests, unbeknownst to her at the time, was in a car on the road, observed the officers escorting her down the driveway to the street, and drove past her, parking in front of the house next door. 

Then a tractor-sized moving truck arrived.  The driver greeted him, they shook hands, and exchanged some kind of paperwork.  The moving truck, after about ten minutes, left and "GAL" Bunting proceeded up the driveway and talked to the officers.

One of the unmarked vehicles came down the driveway to the end of the block, and returned, escorting a vehicle with Mr. Michael Rotanelli, owner of Transit Towing a/k/a Transit Auto Towing, who was recently a Democratic candidate for Yonkers City Council President.  With him was his companion Carol Bengis, secretary to the former Yonkers City Council President, and employed by Michael Rotanelli's attorney, Westchester County Legislator Gordon A. Burrows, who was not present. They were greeted by "GAL" Bunting, and all three entered the residence. The two later were observed signing and exchanging documents while Carol Bengis remained inside the marital residence.

An unidentified woman arrived in a car and she also entered the residence, while several officers stared down Ms. Colletti from the top of the driveway.

During this time an officer had been going in and out of the residence and placing items into the van. When he left, passing Ms. Colletti, he showed her his middle finger.

When "GAL" Bunting finally left, he passed Ms. Colletti where she was observing from the street, and without a greeting of any kind, "The Protector" just smirked at her and took off in his vehicle.

WILL THE WIFE'S SHARE OF THE MARITAL PROPERTY AND HER OWN PRE-MARITAL AND INHERITED PROPERTY, PUT UNDER CONTROL OF "GAL" BUNTING BY THE COURT, NOW BE GIVEN TO HER, BY THIS SO-CALLED "PROTECTOR OF HER RIGHTS"?

Stay tuned!  Copies of the court documents which permitted violation of ex-wife's rights by means of a fraudulent and unlawful "guardianship" leading to this unlawful eviction will be posted.

See Also:

“Go to a homeless shelter, judge tells wife”

Fraudulent "Guardianship" in Matrimonial Action Ends in Unlawful Eviction of Wife

(As told to a NASGA member)

If you don't know 'your rights - you don't have any - especially when judges resort to misuse of and violation of law, such as in this Fraudulent "Guardianship."  (This, we understand, has happened elsewhere in matrimonial cases.)

Fraudulent "Guardianship" in Matrimonial Action Ends in Unlawful Eviction of Wife

The matrimonial case in which an unlawful "guardianship" appeared to be fraudulently  imposed, ended in eviction, and the court refused to sign an order to show cause to stop it, which order was based on the judge's unauthorized "ultra vires" action, which, as a matter of law makes the order void..

The eviction was postponed until Monday at 10am.

For location and more details, see:
"Go to a Homeless Shelter," Judge Tells Wife About to be Evicted From Marital Residence, Based on a Fraudulent and Unlawful "Guardianship." 

By Ima Reformer

"Go to a Homeless Shelter," Judge Tells Wife About to be Evicted From Marital Residence, Based on a Fraudulent and Unlawful "Guardianship."

NASGA has been fighting unlawful and abusive guardianships – the real thing - but this case involved a shocker – a make-believe guardianship.

A member in Westchester County, New York, is about to be UNLAWFULLY evicted tomorrow morning, May 16, 2014 at 9:00 a.m. from her marital residence based on an unlawfully imposed "guardianship" by a judge who knew or should have known that she was violating the law and the rights of the wife.

If you're anywhere within travel distance of Katonah, NY, and can be present tomorrow morning, the address is:  21 Equestrian Drive, Katonah, NY - the former marital residence of Michael Rotanelli and Diane Colletti.

I have never seen a record of such judicial misconduct in my long experience. It involved an extremely contentious matrimonial action, a lot of money and property, and an ex-husband who is quite wealthy and known politically.  His attorney is Gordon Burrows, whose name is also known locally.

In court, without a lawyer, as the wife realized her rights were being violated, she began to object.  The judge interrupted her and said she was going to appoint a guardian, and had the wife removed from court.

In court the next day, a stranger came over to the wife and announced that he was her attorney.  The wife went into the courtroom, objecting strenuously, and this time she was physically removed from court.  A document had been placed on the table where she sat, but when she was removed, it remained behind, so she did not know what it contained.

Hearing that the trial had been adjourned for a week, the wife appeared in court, only to learn that the trial had actually taken place without her, after her removal, the prior week.

It was later learned that total control over the wife was given to Atty. Kenneth L. Bunting, as Guardian ad Litem (“GAL”) whom the court had ordered to represent the wife.   The Court also ordered the GAL to sign all necessary documents (instead of the wife signing them), to inventory everything, to act as a Receiver, and take control and transfer all property, including wife’s premarital property, inherited property, jewelry, etc., to arrange for what was described as a "logical" conclusion.   He was also told to pay himself $300 an hour from the wife’s frozen bank account, which is now in his name, as the GAL.

Subsequently, another judge signed a facially void and fraudulent judgment of eviction with a perverted case caption - guess what?  He's now retired! Oh, yes, and the one who took away all the wife's rights - she's been elevated to a higher court!

The wife went to court today with a show cause order - alone, without a lawyer!  Can you guess what happened there?  They returned her papers, unsigned, without even holding them long enough to read them!  (Would that surprise you?)

What did the judge tell her when she asked how she could maintain herself, after the judge had manipulated the case so that she would lose everything?   "Go to a homeless shelter!”   She has a sick dog and you can't take pets to a shelter!  There was a lot of money involved, but most everything is now in control of the husband, thanks to the  judicial misconduct, which is readily apparent from the court documents.

We're aware of other cases where guardianships have been interjected into matrimonials, in order to gain control over a party.

We're told that documents and exhibits have been altered and/or removed from the record; that the docket sheet itself has been altered, so that it does not reflect what actually happened in this case.  Actually, it doesn't reflect anything, with mostly meaningless one-word entries.

HERE'S WHAT THE LAW ALLOWS:
A GAL is restricted to merely helping a party to a litigation and reporting to the judge; they do not have any power or control over the assets or property of the party on whose behalf they are appointed, cannot force a party to make decisions they do not want to make, and cannot sign documents in place of the party who must sign them, as a matter of law.  Only in a Mental Hygiene Law Article 81 proceeding with full due process procedures - which this was not - can a guardian make decisions that result in the loss of a fundamental right. A GAL has no such power and the court is not authorized or empowered to grant such authority to a GAL.
But grant it, she did!  

NASGA slogan:  If you don’t know your rights; you don’t have any!
(This case involves egregious violation of rights!)

CAN YOU BELIEVE IT?  IS THIS THE STATE OF THE JUSTICE SYSTEM IN WHAT USED TO BE AMERICA!

STAY TUNED FOR MORE.  THIS IS NOT OVER!
By a NASGA member.