Flying Vet News - All Comments

re: Maurice back in Court on 16th Feb

Alison Wunderland — Sun, 21 Feb 2010 13:37:57 GMT

This is such fun, said the Mad Hatter, yet another poor sod screwing with the Jewdiciary in yet another way!

Panel Dismisses Privacy Claim Brought

by Justice Satirized by Artist as Demon

By John Caher

New York Law Journal

February 10, 2003

An appellate panel in Albany last week partially reversed one of its own judges in a peculiar case involving a mid-Hudson artist who satirized a local town justice as a horned devil.

The Appellate Division, Third Department, said the newest member of the court, Justice Anthony T. Kane, erred by preserving the town judge's privacy claim against the artist. However, the Third Department said Justice Kane properly cited the artist for criminal contempt for violating an injunction that should not have even been in effect.

Altbach v. Kulon, 92378, arises out of a dispute between the town judge in Liberty, Sullivan County, and a local artist. Artist Franciszek C. Kulon was arrested in 1998 and charged with possessing a stolen gun. Liberty Town Justice Jeffrey S. Altbach, filling in for the town judge in Neversink, set bail as recommended by the prosecutor. Later, the case was dismissed.

Kulon then caricatured Justice Altbach as a goat-hoofed, horned demon with a tail. To promote the opening of his art gallery, Kulon distributed flyers displaying his oil painting of Justice Altbach. The flyers included a small reproduction of a photograph of Justice Altbach that appeared in a yellow page advertisement for his law practice.

Justice Altbach sued Kulon for defamation and obtained an injunction barring Kulon from displaying or distributing the painting or any depiction of the judge while the case was pending. Justice Kane, then a trial judge in Sullivan County, dismissed the defamation claim, but allowed the town judge to amend his complaint to add a privacy cause of action under Civil Rights Law §§ 50 and 51. The injunction remained in effect.

Early last year, Kulon violated the preliminary injunction and promoted his painting on the Internet. He also posed with his artwork for a picture in the local newspaper. Justice Kane imposed a fine of $3,850 for civil contempt and $500 for criminal contempt.

Caricature and Parody

In its decision last week, the Third Department justices said their colleague should have dismissed Justice Altbach's privacy-based Civil Rights Law claims. The appeals panel said that the painting itself, as Justice Kane found, was clearly "a caricature and parody of [Justice Altbach] in his public role" and protected under the First Amendment, and was excepted from the privacy provisions in state law. However, the panel also said that Kulon's use of the photograph was "part and parcel of the parody," and therefore similarly protected even though the town judge's name and likeness was used without permission to promote the artist's enterprise.

Although the Third Department said Justice Kane should have dismissed the privacy claim and vacated the preliminary injunction, it pointed out that there was an injunction in place and Kulon violated the court order.

"There can be no dispute that defendant's conduct in publicizing the painting violated the original injunction," Justice Robert S. Rose wrote in an opinion joined by Justices Thomas E. Mercure, Karen K. Peters, Edward O. Spain and John A. Lahtinen.

However, the appellate court said that civil contempt was not appropriate since that remedy is available only when the offending conduct prejudices the rights of another party. Here, the court said, Justice Altbach "had no protected privacy right regarding [Kulon's] use of the painting, name or photograph," and therefore could not sustain damages compensable through a civil contempt finding.

Gerald Orseck of Liberty argued for Justice Altbach. Stephen Bergstein of Thornton, Bergstein & Ullrich in Chester appeared for Kulon.

NICE ONE FRANK

re: Maurice Not Guilty Verdict

romain bertrand — Wed, 17 Feb 2010 16:53:52 GMT

tres heureux pour toi maurice

une bonne bouteille t'attend en bretagne...

re: Maurice back in Court on 16th Feb

kazz67 — Wed, 17 Feb 2010 10:41:45 GMT

All to easy for those on the outside to condemn the actions of the ones living the reality, no?

Chump, Maurice has to do what is right for him to do, no matter if that seems sensible to others or not. This is HIS time on the planet and, as a sovereign being, he gets to call his own shots.

It's for his friends, family, supporters and those who generally empathise with him to continue to offer support to a fellow human being even when (or especially when!!) their actions confuse or confound us.

Much love and respect to you Maurice Kirk. - You're not the only one I know who doesn't have an 'off switch'. I wont condemn you for that.

Have you heard of the plight of Robert Green (a man attempting to expose a paedophile ring in Aberdeen, arrested for his troubles)? - If you wonder why things are a little quiet in here just now, I think the answer may lie there. - Many people are currently seeking justice for him and for the family he's being trying to help.

Peace, love, unity.

Kazz. xxx

re: I am Out by the skin off my teeth and no one way ticket to Broadmoor

Alvinb1rdmantx — Tue, 16 Feb 2010 18:28:40 GMT

YeeHa and Whoa

Your friends in Texas are excited and relieved that you were finally released.we were worried for you but we believed you wuld prevail.

There are few left that pursue to defiend there rights and freedom with the enthusiasm and endurance to abuse that you have.

I hesitate to offer advise (the last advise to visit Austin but stay away from Crawford) wasn't very effective.

I think you should at least give the bee's time to settle in the hive before wacking it with a stick agin.

.We are looking forward to visiting you soon.

Maurice you have a great squardren of Vintage aircraft that we need to deliver to you.

Please try to stay out of jail.

What you need is to get up in the cub hang your head out the window and let the wind blow thru your hair and your mind

Alvi & Kandy in TX

re: Maurice back in Court on 16th Feb

chump — Mon, 15 Feb 2010 16:18:06 GMT

what an idiot!!!!!!!!!!

just can't leave it alone, don't you know when you've won.

Caswell just as easily dealt with by letter with cc to MP & CQC, amongst others.

But no has to give those in power a 2nd bite of the chrerry, another opportunity to abuse process.

Deserve all you get.

Would have been better still to take out a county court summons on them and see if they like the threat of bailiffs.

re: Maurice back in Court on 16th Feb

fredbloggs — Sun, 14 Feb 2010 12:55:14 GMT

Maurice, this idea may make you feel better but it may be wise not to act yet as you have too many cases at once. The General Medical Council (GMC) cannot release the medical notes to you, but the GMC has authority to look at anyone's medical records to assess for potential misconduct.

The GMC can access your records to see whether Dr Tegwyn Williams shows unfairness or more unfairness compared to other professionals and to assess why Dr Williams wished to section you when other doctors said you were OK. It may be the opinion of some people that Dr WiIliams has gone about matters in a high handed way, or maliciously in not releasing your records which is in breach of GMC rules.

Dr Williams should write facts in a medical report and then assess those facts, but he seems to be writing the prosecution case in his medical assessment for the court, to improperly present you as a 'man with a machine gun' and guilty, as opposed to objective description of an antique aeroplane gun and litte risk from that or you.

If you list what you feel Dr Williams has done wrong, the GMC can look at the notes.

But a word of caution is that usually the GMC looks for a trend of problems not one off, and the GMC prefers a complaint to be supported by a either a clinician or manager of a care facility.

re: Maurice back in Court on 16th Feb

lol — Sun, 14 Feb 2010 01:22:13 GMT

cuz u run for the door when u should of waited and turned up with no shoes or socks on

re: I am Out by the skin off my teeth and no one way ticket to Broadmoor

Fiona Blake — Sat, 13 Feb 2010 20:39:36 GMT

Kirk, so so happy your released, been following your story ever since my hubby told me about you, (Craig, who gave you extra food at Cardiff;-) sends you his best by the way, and very pleased you stood your ground). I was very taken by your story and hoped you would be home soon. Although I don't know you, I know was very worried for you. Your an inspiration and definately someone who should be highly respected for your enthusiasm, determination and zest fo life. What a charismatic gentleman your are! All the best Fiona

re: I am Out by the skin off my teeth and no one way ticket to Broadmoor

kazz67 — Sat, 13 Feb 2010 10:13:31 GMT

Hi Maurice.

I was absolutely gutted to read that you'd been re-arrested for trying to get hold of your own records!! (Someone has posted some advice on TPUC forum about that, which I know is being passed on to you).

If there's any way I can be of help, please don't hesitate to ask.

Peace and love to you (and a well earned rest?) ;)

Kazz. xxx

re: Maurice Not Guilty Verdict

chump — Sat, 13 Feb 2010 09:27:46 GMT

www.independent.co.uk/.../root-out-corrupt-officers-police-told-1898139.html

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