APPEAL TO APPELLATE DIVISION, THIRD DEPARTMENT

from an order/judgment of a lower court



Town of Montauk

Plaintiff-Appellant

vs.


Hon. Lorraine Cortes-Vasquez, as Secretary of State of the State of New York, with control of, and responsibil- ity for, the Director of Corporations of the Department of State

Defendant-Respondent


Town of Montauk

Plaintiff-Appellant

vs.


Hon. Lorraine Cortes-Vasquez, as Secretary of State of the State of New York, with control of, and responsibil- ity for, the Director of Corporations of the Department of State

Defendant-Respondent

Index#


Record on Appeal

Albany# 6703/10



Hon. Eric T. Schneiderman

Hon. Andrew M. Cuomo

Chief Judge Jonathan Lippman

Office of the Attorney General

Office of the Governor

New York State Court of Appeals

The Capitol

The Capitol

20 Eagle Street

Albany, NY 12224-0341

Albany, NY 12224-0341

Albany, New York 12207


image

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APPEAL TO APPELLATE DIVISION, THIRD DEPARTMENT

from an order/judgment of a lower court



Town of Montauk

Plaintiff-Appellant

vs.


Hon. Lorraine Cortes-Vasquez, as Secretary of State of the State of New York, with control of, and responsi- bility for, the Director of Corporations of the Depart- ment of State

Defendant-Respondent


Town of Montauk

Plaintiff-Appellant

vs.


Hon. Lorraine Cortes-Vasquez, as Secretary of State of the State of New York, with control of, and responsi- bility for, the Director of Corporations of the Depart- ment of State

Defendant-Respondent

in support of motion to seal the record and for an extension of time to perfect appeal


STATE OF NEW YORK

COUNTY OF ________ ss:

I do herewith affirm that I am the attorney retained to represent the Town of Montauk upon this appeal.

This application is made for a motion to seal the record and for an extension of time to perfect appeal.

This appeal is made from the May 3rd, 2013 Judgment and order of Joseph C. Teresi I.S.C.; a notice of appeal was filed on 29 October 2013;

Among the Papers Considered listed in the aforesaid order is “Affidavit of Robert Ficalora, dated May 2, 2013 pages 1-59 together with two checks dated May 2, 2013.”

While attempting to perform a CPLR 2105 certification of a copy of the record provided by Mr. Ficalora it was discovered that the aforesaid 59 page affidavit and the $65 receipt for filing the Notice of Appeal had been removed from the record on file with the Albany County Clerk.

The above criminal tampering with the physical record on file, a class E Felony, is the reason for the delay.

Because tampering is alleged with the record on file with the Albany County Clerk and a CPLR 2105 certification still must be done your appellant does pray for an order sealing the record to al- low its correction. An extension of time is sought to correct, print and certify the record on appeal in book format to perfect the appeal.:

WHEREFORE, appellant requests an extension to print the corrected record in order that that this appeal may be perfected.


Sworn to before me this ______ day of _________2014 Notary Public

APPEAL TO APPELLATE DIVISION, THIRD DEPARTMENT

from an order/judgment of a lower court



Town of Montauk

Plaintiff-Appellant

vs.


Hon. Lorraine Cortes-Vasquez, as Secretary of State of the State of New York, with control of, and respon- sibility for, the Director of Corporations of the De- partment of State

Defendant-Respondent


Town of Montauk

Plaintiff-Appellant

vs.


Hon. Lorraine Cortes-Vasquez, as Secretary of State of the State of New York, with control of, and respon- sibility for, the Director of Corporations of the De- partment of State

Defendant-Respondent

CPLR 5531 Statement


Statement Pursuant to CPLR 5531

  1. The Index Number in the trial court was 6703/10


  2. The full names are as set forth above. There have been no changes.


  3. The action was commenced in Supreme Court, Albany County.


  4. The complaint was filed on October 5th, 2010. The answer was served on May 15th, 2013.


  5. The object of the action is to compel the Division of Corporations of the Department of State to file the certificates of merger/consolidation of the 1994 Montauk Friends of Olmsted Parks Corporation and the 1882 Trustees of Montauk Corporation and the Certificate of Incorporation of the Township of Montauk.

  6. The appeal is from an order of the Supreme Court, Albany County dated May 15th, 2013 and entered May 14th, 2013 by Teresi, J.


  7. The appeal is being perfected on the appendix method.


    APPEAL TO APPELLATE DIVISION, THIRD DEPARTMENT

    from an order/judgment of a lower court


    TOWN OF MONTAUK

    Plaintiff

    vs

    Hon. LORRAINE CORTÉS-VÁSQUEZ,

    as Secretary of State of the State of New York, with control of, and responsibility for, the Division of Corporations of the Department of State,

    Defendant

    TOWN OF MONTAUK

    Plaintiff

    vs

    Hon. LORRAINE CORTÉS-VÁSQUEZ,

    as Secretary of State of the State of New York, with control of, and responsibility for, the Division of Corporations of the Department of State,

    Defendant

    CPLR § 2105 Certification

    Index no. 6703-2010


    I, , Esq. an attorney at law admitted to practice within the courts of the State of New York do hereby certify pursuant to CPLR § 2105 papers contained in this Record on Appeal have been personally compared by me to the originals on file with in the office of the Clerk of Supreme Court, Albany county in Albany county courthouse 16 Eagle Street Albany, NY 12207 basement file room 92 (tel. 518-487-5126), and that I have found them to be true and complete copies of those papers.


    Dated: Albany, New York


    , , 2014


    image

    Notice to correct record 24July2014


    image


    May 2013 Albany, New York Affidavit of Robert A. Ficalora


    Criminally removed by tampering; to be re-filed...

    Table of Contents


    Brief & Appendix


    Record on Appeal � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � i in support of motion to seal the record and for an extension of time to perfect appeal � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � ii CPLR 5531 Statement � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � iii CPLR § 2105 Cer tification � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � iv Notice to correct record 24July2014 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � v May 2013 Albany, New York Affidavit of Robert A. Ficalora � � � � � � � � � � � � � � � � � � � � � � � � � vi Table of Contents � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � vii Oct ober 2014 Palm Beach Brief of Rober t A � Ficalor a � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 1 Decision and Or der ; Tow n o f Mont auk v Vasquez , Teresi, J � May 14th, 2013 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 14 Receipt, N otice of Appeal, 10/29/2013 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 19 Notice of Appeal, Index# 6703-10, 10/24/2013 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 20

    Precalendar statement, 10/24/2013 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 21 N otice of Entr y - Or der of Tr ansf er, NYS Cour t of Appeals, 9/25/2013 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 22 Order of Transfer: NYS Court of Appeals (Town of Montauk v� Vasquez), 9/12/2013 � � � � � � � � � � � 24

    Memor andum of Respondent, 09May2013 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 25 May 2013 Af f idavit of Rober t A Ficalor a- Table of Contents � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 37 May 2013 Af f idavit of Rober t A Ficalor a, Albany Index# 6703-10 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 38 Or der to Show Cause, 4/18/2013 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 40 a� Affidavit of Personal Service, 4/24/2013 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 41

    b� Receipt (RJI/OSC), 4/18/2013 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 42

    c� Request for Judicial Intervention, 4/18/2013 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 43 Cer tificate of Incor por ation:Township of Mont auk � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 44 Checks stamped for deposit, 7/26/2010 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 47

    Cer tificate of Mer ger/Consolidation � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 48 Depar tment of State rejection letter, 8/11/2010 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 49 Com plaint, 10/05/2010 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 50 Cer tificate of Incor por ation, MF OP, 2/18/1994 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 51 Declar ation of Rights and Trus teeship, 5/23/1996 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 55 Assemblyman Thiele acknowledgement, 5/26/1996 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 56 Chapter 139, Law s of 1852, 4/2/1852 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 57 Petition to cour t of Appeals, 11/5/2002 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 59 Or der, Cour t of Appeals, People v Vor pahl 5/6/2004 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 60 Decision and Or der, Town of Mont auk , Inc v s Pataki et al, 1/22/2007 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 61 N � Y� N ot for Pr of it Cor por ations Law §904 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 64 Bus Cor p Law § 902: PLAN of MERGER or CONSOLIDATION � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 65 Bus Cor p Law § 403 Cer t of Inc: EFFECT � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 66 Law s of the Colony of New Yor k: THE FIRS T ASSEM BLY, 4/9/1691 � Chapter s 1&2 � � � � � � � � � � � � � � � � � � � � � � � � � � � 67 Dongan Patent and Char ter, 12/9/1686 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 70 Letter to Gov� Patter son reques ting an executive or der, 9/27/2010 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 82 The Ar ticulated Rights and Cons titution of the Township of Mont auk � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 88 Letter to Gov Spitzer and Cour t of Appeals, 8/16/2007 � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 94 The Mont auk Gazette, July 2012: QUO WARRANT O � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 95

    October 2014 Palm Beach Brief of Robert A. Ficalora


    This matter seeks a writ of mandamus to compel the Division of Corporations of the Department of State to file both:

    1. the Certificates of Incorporation of the Township of Montauk, and


    2. the Certificate of merger/consolidation of the Montauk Trustee Corporation (Chapter 139, Laws of 1852) Montauk Friends of Olmsted Parks corporation (est.1994).

The appellate decision in the matter of Town of Montauk, Inc v. Pataki, 40 A.D.3d 772 (2007) held that “‘Town of Montauk, Inc.’ is not a valid corporation because it has filed no incorporation papers with the Department of State.” (Business Corporations Law §403 ; Not-For-Profit Corporation Law §§ 403, 903[a]). “Upon the filing of the certificate of incorporation by the department of state, the corporate existence shall begin, and such certificate shall be conclusive evidence that all conditions precedent have been fulfilled and that the corporation has been formed under this chapter.” (Business Corporations Law

§403).

The required conditions precedent of a 1686 colonial charter (Dongan Patent) and Chapter 139 of the laws of 1852 were presented when signatures were being collected on the certificate of incorporation of the Township of Montauk under section 402 of the business corporation law. The law and facts were also presented to the Division of Corporations when attempting to file. The appendix method is used and everything is in order: the Secretary of State should be ordered to file the papers so that its corporate existence shall begin.

When the central May 2013 Albany Affidavit of Robert Ficalora has been restored to the record on file with the Albany County clerk to correct tampering, a CPLR 2105 certification can be completed. A motion to seal the record and for an extension of time to perfect the appeal to the date of this filing accompanies this record on appeal; no new exhibits are introduced.

An Order of Transfer to this Appellate Division 3rd Department by the New York State Court of Appeals was entered on September 25th, 2013. The Notice of Appeal was filed on October 24th 2013 and the nine months to perfect this appeal lapsed on July 24th, 2014.

A “Notice to correct the record”was filed July 24th, 2014, but an attempt to include a copy of the May 2013 Affidavit of Robert A. Ficalora as an attachment was rejected for lack of an original signature. Problems perfecting the appeal had been discovered due to criminal tampering with the physical evidence by removing my notarized May 2, 2013 Albany affidavit. [A copy was signed on the first page and the new original was re-filed to restore the record that was before the court of Justice Teresi on May 14th, 2013.]

An attempt by attorney Steven Sherlock to do a CPLR §2105 certification of the record revealed that criminal tampering had taken place and the notarized May 2nd 2013 Albany, New York Affidavit of

Robert A. Ficalora had been removed from the file.

§ 215.40 Tampering with physical evidence of the New York Penal Code holds at #2. Believing that certain physical evidence is about to be produced or used in an official proceeding or a prospective official proceeding, and intending to prevent such pro- duction or use, he suppresses it by any act of concealment, alteration or destruction...


Action has been taken to restore the record on file in Albany to enable the printing of this record in book format with a CPLR §2105 certification and to make the perfection of this appeal possible.

The May 8, 2007 Appellate Division Decision and Order in the matter of Town of Montauk, Inc. v


Pataki, et al, 40 A.D.3d 772 (2007), 835 N.Y.S.2d 447. held that:

“Town of Montauk, Inc.,” is not an established corporation, since it has filed no incor- poration papers with the Department of State (see Business Corporation Law § 403; Not-For-Profit Corpoation Law §§ 403, 904[a]). (p. 24)

I prepared a certificate of incorporation pursuant to Section § 402 of the business corporations law


and gathered signatures in front of the Montauk Post Office. The certificate reads:

We, the undersigned taxpaying owners of land in Montauk, understand that by sign- ing this certificate that we are the founding incorporators of the Township of Mon-

tauk. It will take effect immediately upon filing with the New York Department of State, Division of Corporations pursuant to N.Y. Business Corporation Law § 403 ... (p. 39)

This record includes the attachments to my May 2nd, 2013 Albany Affidavit (p. 30) that included attachments to the October 5, 2010 Complaint (p. 42) with the significant addition of the November 5, 2002 Petition to the New York State Court of Appeals:

In these past several years the Montauk Friends of Olmsted Parks Corporation bas acted according to its incorporated purposes, and its claim assumption of tbe powers at law of the 1852 Montauk Trustee Corporation, for and on behalf of the proprietors cf Montauk to present to the court issues regarding our extensive properties, our sov- ereign rights of a township and of our sufferings under unlawful government.

In consideration of this situation and with an attentive eye to the needs of this court, in December of 2000 our board of acting trustees adopted a Constitution for Mon- tauk entitled “The Articulated Rights and Constitution of the Township of Montauk” (Montauk Constitution). As set forth therein we are returning to government by town meeting meeting in the same manner as our forebears and other towns of New Eag1and. What set forth in the Montauk Constitution is the process of a “Repre- sentative Town (RTM.) such as currently enjoyed by forty two Massachusetts towns, seven Connecticut towns, one Maine town and one Vermont town.

We do beg the court to understand that we have lost no war, and we haven’t done anything wrong that we know of, but the very special liberties and privileges at law of our town - fundamental rights of sovereignty - have been suppressed and a new and despotic form of government has been imposed upon us. We do pray for the rule of law and your understanding that our complaint is a matter that can and must be equitably settled.(p. 54)

As a result of the forgoing proclamation to the High court promulgating the Montauk Constitution, upon intervention in the matter in re: Stuart Bennett Vorpahl, on the sixth day of May, 2004 the Court of Appeals in Albany with Hon. Judith S. Kaye, Chief Judge, presiding in The People &c. v Stuart Bennett Vorpahl, Appellant, Town of Montauk, Inc, Intervenor (2 NY3d 781), held that:

A motion for leave to intervene &c, in the above cause having been heretofore made upon the part of the intervenor herein and. papers having been submitted thereon and due deliberation having been thereupon had, it is

ORDERED, that the said motion for leave to intervene be and the same hereby is dismissed upon the ground that Robert A. Ficalora is not an attorney authorized to represent Montauk Friends of Olmsted Parks/Montauk Trustee Corporation on behalf of the Incorporated Township of Montauk (CPLR 321[a]). (p. 55)

The Notice of Intervention as of right had been filed pursuant to CPLR 1012(a)(3) upon an historical claim of jurisdiction over Montauk’s fisheries under the 1686 Dongan territorial Patent and colonial charter. The Incorporated Township of Montauk was recognized as the intervenor in the court’s order and the accompanying motion to convert Stuart’s criminal case to a civil one was considered a motion for leave to intervene and used as the grounds for dismissal.

The contentious First Assembly of the Colony of New York, at Chapter 2 of the laws of 1691 holds


that:


“..all Charters, Pattents, Grants, made made, given and granted and well and truley executed under the seal of this Province, Constituted and Authorized by their late and present Majtys the Kings of England, and registerd in the Secretaryes office. unto the respective Corporations of bodys politick of dthe Cittys Towns and Mannors, and also the several and respective ffreeholders within this Province and shall forever be deemed, esteemed and reputed good and effectual Charters, Patents, and grants Authentick in Law agalnst their Majesties their heires and Successors for ever... (pp. 63-64)


The above law remains constitutionally protected under Article I Section 14 of the Constitution ot State of New York. The New York State Legislature is the heir and successor to their Majesties, the Kings of England and has caused grievous injury to the body politic of the Townships of Easthampton and of Montauk; this court has jurisdiction.

The 1686 Dongan Patent established a proprietary Town of Easthampton with ownership vested in its grantees (p. 64). The 1851 New York Supreme Court order of Hon. Nathan B. Morse, J.S.C. in the matter of Henry P. Hedges, et.al. (Proprietors of Montauk) v. the Trustees of the Freeholders and Commonaltv of the Town of Easthampton (citation unknown) divided the lands within the Dongan Patent. It was effected by deed dated March 9th, 1852, with the Trustees of the Freeholders and Commonalty of the Town of Easthampton (at that time the sole government thereof) granting Montauk to Montauk’s proprietors.

Because of this division Montauk was left without lawful government, so on April 2nd, 1852, an Act of the State legislature at chapter 139 remedied this defect by incorporating the freeholder/proprietors of Montauk and establishing the corporation of the Trustees of Montauk affirming its power to govern.

Because the rights granted in the Dongan territorial Patent and Colonial Charter are attached to and run with the land, Montauk is a Town with all the rights, liberties, privileges and powers therein conferred.

In 1879 an action in partition brought by Robert M. Grinnell and his wife Sofie against the respective owners of shares in the undivided lands at Montauk led to Montauk being sold by them at auction together with their Montauk trustee Corporation to Arthur W. Benson for One Hundred and Fifty-

one thousand dollars. The deed, recorded at Suffolk Liber 246 p.256, lists the names of the individual proprietors (noting the trustees of Montauk) and the 1852 corporation of the Proprietors.

In 1882 the meets and bounds of the Township of Montauk within the Dongan Patent were enlarged by 1,100 acres when Mr. Benson, then sole proprietor of Montauk, purchased the lands at Napeague from the Trustees by deed recorded at Liber 246 p. 256.

On September 29, 2011 the Town of Montauk intervened as a defendant as matter of right pursuant to CPLR § 1012(a)(3) in The Seaview at Amagansett, LTD, et al. (Suffolk no. 09-34714) in a matter regarding the right to regulate driving on the beach. The other defendants are the Town of East Hampton (which doesn’t jurisdictionally exist) and the Trustees of the Freeholders and Commonalty of the Town of Easthampton (that sold the property to Arthur W. Benson in 1882). The case was reassigned to Judge Jerry Garguilo and Quo Warranto demands were served by the township of Montauk upon defendants (p. 90).

I attended a scheduled conference on Jan. 30, 2014 at the new Hon. Alan D. Oshrin Supreme Court Building in Riverhead but the other defendants did not appear and no hearing was granted. However,

I submitted copies of parties’ submissions into the record to show that the the Town of Montauk had intervened and that the matter was joined.

Although I can intervene on behalf of the MFOP/ Montauk Trustee corporation and issue Quo Warranto demands on behalf of the sovereign Township of Montauk, the court has repeatedly held that I cannot move the court because I am not an attorney authorized to represent a corporation (CPLR 321(a))

Upon attaining the relief requested, I will take action to gather Montauk Trustees, retain counsel and return to Judge Garguilo’s court.

The start of the 1906 case of Pharoah v. Benson brought pursuant to chapter 177 of the laws of 1906 enabling claimant Indians to recover under historic deeded agreements; the untimely 1907 death of Frank Sherman Benson; the 1909 enactment of the Town Law and General Municipal Laws of the State or New York; the 1910 decision in Pharoah declaring the Montauk tribe of Indians to be extinct

estopping claims under ther 1661, 1672, 1687 and 1702/3 deeded agreements; the 1911 fire at the library at New York State Capitol Building that burned the historic records of the State Assembly (while the Pharoah case was on Appeal); Governor Andrew M. Cuomo’s recent veto of a bill (2014) to recognize a Frankenstein Montaukett tribe of Indians; the unfortunate 1918 last will and testament or Mary Benson; the 1924 purchase of a major part of Montauk lands by Carl Fisher (an associate of Al Capone who had taken him to court in Miami) from the Estate of Mary Benson; the new 1909 Town Law Town Board government of the Town of East Hampton (sic) that was set up circa 1925 with the support of the State legislature (without a charter or Constitutional warrant); the 1957 liquidation of the Montauk real property assets the Estate of Mary Benson; the 1960 name change of the Long Island Historical Society to the Brooklyn Historical Society; the 1960 establishing of the Suffolk County legislature (an ahistorical travesty); the purported 1962 Rockefeller, Duryea, Mangano et. al. repeal of Bill of Rights Article I §10,

§13 and §15 of the Constitution of the State of New York; the hurried enactment of Article IX of the Constitution pertaining to local governments and home rule powers to fill the hole caused by the repeal of Article I §15.

Prior to the above, the Town of Easthampton had been a carefully protected proprietary township.


Filing the instant certificate of Incorporation of the Township of Montauk and the use of the Articulated Rights, can reverse this.

The 1686 territorial patent and colonial charter for the Town of Easthampton included language that granted sovereign jurisdiction found in the charters of the many of the colonies that would later become

states (including New York):

To be holden of his said Majesty, his heirs and Successors in free and Comon Soccage according the Mannor of East Greenwich in the County of Kent within his Matyes Realm of England...(p. 71)

Feudalism, also known as Manorialism, is the root of our local laws. The Manor of East Greenwich was the site of Greenwich Palace on the Thames River by the city of London. The most significant aspect of tlis grant to the English colonies in America - emphasized by Samuel Adams - was that it placed the colonies outside of the jurisdiction of Parliament. A Town with these powerful and constitutionally protected chartered rights have been referred to as having “the rights of a State within a State”.

The 1686 Dongan Patent for the Town of Easthampton is attached to and runs with the land. Upon the 1852 court-ordered deeded release of Montauk br Easthampton, the lands included in the meets and bounds of the Patent were divided and the undivided lands of Montauk were left without government. The State legislature promptly incorporated the proprietors of Montauk at Chapter 139 of the Laws of

1852 establishing the Montauk Trustee corporation with the rights of the Township of Montauk.

“Upon the filing of the certificate of incorporation by the department of state, the corporate existence shall begin, and such certificate shall be conclusive that all con- ditions precedent have been fulfilled, and the corporation has been formed under this chapter...” Bus Corp Law § 403, p. 61

Bank checks for the fees for the certificates of merger and consolidation and of Incorporation were tendered and stamped by the clerks for deposit (7/20/2010, p. 38) but on August 11th, 2010 the filing was returned for specious reasons and it was suggested that we contact an attorney. The Complaint in this action was then filed 10/5/2010 (p. 45).

The bank checks remain on file with the Albany County clerk, however, and can be used to file the certificates.

Conclusive evidence has been presented that all conditions precedent have been fulfilled and the corporation will be formed under Business Corporations Law § 403. The defendant should be compelled to file the instant certificates whereupon the corporate existence of the Township of Montauk and of the Montauk Friends of Olmsted Parks/Montauk Trustee Corporation within the State of New York shall begin.

GOING FORWARD

Please understand that I suffer greatly from multiple sclerosis and have experienced significant pain and suffering in my effort to perfect this appeal.

I have done my best to prepare the court and Montauk’s proprietors and residents for a switch to government by a system of neighborhood caucuses and town meetings. Understanding that there will be contention during the transition to a new form of government according to the Articulated Rights and Constitution of the Township of Montauk, and that the poseur group in power are armed, I mailed out a series of Montauk Gazettes and introduced the 2nd Amendment based idea of armed non-violent direct action.

Under the 1686 Dongan patent and colonial charter Montauk has the sovereign rights of a “state within a state” to make, administer and enforce our own laws. It is significant in this age of militarized local police forces (ex: Ferguson, Missouri) that the 1686 charter also says that we elect our police.

I have purchased twelve (12) badges and given them to Montauk trustee Dick Monahan to use to establish the Montauk constabulary under §402 of the New York State not-for-profit corporation law to organize the first caucuses and town meeting pursuant to the Montauk Constitution.

RESOLUTIONS

Upon entry of the Certificate of Incorporation of the Township of Montauk, the Articulated Rights and Constitution will come into force.

We are asking that surrender of all of Montauk’s lands, franchises and jurisdictions will be made under the oversight and direction of Governor Andrew M. Cuomo and Suffolk County Sheriff Vincent F. DeMarco. The New York State not for profit law §202 General and special powers holds that park policemen of the Montauk Friends of Olmsted Parks corporation will have the powers of town constables and be sworn in pursuant to Article XIII of the Constitution of the State New York. We are

seeking an armed non-violent revolution to take all Montauk roadways, franchises and parklands and to effect a change of government.

Frank Sherman Benson established the Montauk Extension Railroad Company with track from Amagansett to the Montauk train station, with a turn to a deep water dock in Napeague Bay. The signed plans are on file in the Suffolk County Center in Riverhead.

Other plans in the file include the 1905 Montauk guide map drawn by the firm of Olmsted Brothers of the property of Frank Sherman Benson and Mary Benson that shows the Hither Woods Division Line between developable lots and the proprietor/Indian commonage established by a 1661 gift deed agreement. The maps should be compared with the Indian deeds in the records of Town of East Hampton.

MONTAUK TIDAL ENERGY COMPANY

Using a Montauk Constitution Article III.c.vi. trustee resolution, wirh Richard Monahan, Jay Sayers Bill Grimm concurring that the Montauk Tidal Energy Company was established with myself, Robert A. Ficalora, as the founding President. The proposed financial distributions herein listed include members of Musicians United for Safe Energy (MUSE) and activist musicians that I have known and admired throughout my years of anti-war and anti-nuclear advocacy. Montauk will have significant regulatory authority over the energy system (see Electric Markets 101 at www.montauk.com).


I have also presented some resolutions to our board of trustees for consideration to begin the process of clearing up questions regarding property ownership with the maxim that : there will be no injury to innocent parties.

The establishing of lawful government according to the Articulated Rights, the recovery of the Indian/ Proprietor and Benson Reservations properties and fhe State and County takings/appropriations of Montauk lands for untaxed parklands. focusing on the need to satisfy everyones’ fears about their properties and taxes. An action will be instituted as Township of Montauk v. John Doe 1 & 2 et. al. and a lis pedens filed covering the affected Indian/proprietor properties establishing a first right to purchase in the deeds.

The proprietary Township of Montauk is blessed with a spectacular system of parks and roadways designed by the most famous and accomplished landscape architect and community planning firm in United States history. Commissioned by Frank Sherman Benson, a graduate of the Columbia University School of Law, the seminal importance of the Benson Reservations such as across from the Breakers

Motel is that they were established using the following covenants in deeds of conveyance:

“A general right of way is hereby reserved to the parties of the first part in common with all grantees from them or from the late Arthur W. Benson, deceased, or his heirs or assigns of land at Montauk, over such of the roads laid down on said map as may be opened from time to time to the nearest public road or highway, and also a right of

way over such roads as may be opened from time to time to the various lots or parcels of land known and designated on said map as “Reservations”, which said Reserva- tions shall be for the common use of the said parties of the first part their grantees, or the grantees of the late Arthur W. Benson, deceased, or his heirs or assigns, of land at Montauk...


With the understanding that being able to show an unbroken chain of title (privity of estate) through Arthur W. Benson will establish your right to the private common use of the Benson reservation roadways, properties and beaches. claim to income from Montauk’s franchises must be considered together with rewards for honorable service from its officers and through the Town meeting process.


The Montauk Tidal Energy Company will reach out to Verdant Power, which received the first-ever license for a tidal energy product from the U.S. Federal Energy Regulatory Commission, with plans to put two more turbines in the East River over the next year or two and build up from there: it has a permit to install as many as 30 turbines. In the relative short term, the company hopes to partner with Cornell University to provide power for its coming technology campus on Roosevelt Island.

Upon ordering the filing of the requested certificates establishing the Montauk Friends of Olmsted Parks / Montauk Trustee Corporation and the Township of Montauk, a meeting will be convened with governor Andrew Cuomo, Suffolk County Long Island Constitutional Sheriff Vincent Demarco,

Montauk Trustee Richard Monahan and twelve properly sworn Montauk peace officers of the Montauk Constabulary. We are seeking an orderly and peaceable transition of government according to the Articulated Rights and Constitution of the Township of Montauk.

The Montauk Tidal Energy Company is to be established as a wholly owned subsidiary of the Township of Montauk, a proprietary Commonwealth.

The electricity that will be generated from the tidal flow around Montauk Point will service areas including at least New York, Connecticut and Rhode Island. Connecting to the grid at Dominion’s

Millstone Nuclear Power station in Waterford, Connecticut, visible across the water from Montauk, and will present the opportunity of shutting it down.

With gross revenues expected in excess of one billion dollars, it is important that I propose an initial system of allotment based upon percentage of gross revenue to be approved by the Montauk Town meeting. Underwater turbines be set up in “the race”, a powerful tidal current that enters the Long Island Sound around Montauk Point. I will propose that 3% of gross revenue be set aside to pay distributions to myself (1%) and to others (@ 1% of 1%) see table below. The base rate of one percent will be $1 million per year and one percent of one percent will be $100,000 per year. As acting Supervisor overseeing

the rollout I will ask for the base rate of one percent with the objective of significantly increasing it (understanding that the remaining money remains in the treasury of the Township of Montauk).

The following table of distributees includes the signers of the documents in this record on appeal including: the certificate of incorporation of the Township of Montauk; the Articulated Rights and Constitution of the Township of Montauk; musicians united for safe energy (MUSE) and antiwar; judges I have had the honor and privilege to argue before on appeal; activist anti war and anti-nuclear and other activists I have come to know and admire since 1973; accomplished politicians, and various and sundry supporters of our causes in Montauk.

Three percent of the proceeds from the Montauk tidal energy company


are to be used distributions. of one-percent of one-percent of gross revenue to be granted to grantee, heirs, successors and assigns.

For good, for law, for Montauk, I am


Robert A. Ficalora


Steven J. Sherlock, Esq. Lise Bernhard

Bill Bernhardt 668-3596

668-4430

668-7100

668-4719

668-7224 Stork

668-7224 Stork

668-5886 Barone

668-5159

209-7856 de Sousa

668-0308 Richard Monahan Betty Henkell

Robert Restivo 668-2198

668-4535 Jay Sayers

668-3716

668-5230

668-2881 Perrelli

365-7919 Demesco

668-9008 Krajicek

668-3549

668-1349 Weiss

668-3628 Nicholson

668-6719 Stuckart

668-5958 Milnc

668-0080 Esposito

668-2255 McLaughlin

668-2344 Tallarico

668-3412 Kuntz

668-1615 White, Jr.

668-0869 Newman

668-9825 Walles

668-5557

668-5163 Pushkal

668-6600 D. Grimm

668-0302 Sellow

668-5096 Kohlus

668-9579 Miller

668-3428

668-7806 Eric

668-2301

William Grimm Carla Grimm Helen Ficalora Steven Corwin Richard Monahan Constance Judson John Jay Sayers Virginia Sayers Lisa Grenci

John De Sousa William Grimm Daniel Grimm Helen Ficalora Mario Cuomo Andrew Cuomo Jerry Brown John Trudell Jackson Browne David Crosby Stephen Stills Graham Nash Neil Young Bonnie Raitt

Harvey Wasserman John Hall

Col. Ann Wright Tom Cambell Peter Yarrow Noel Paul Stookey

Estate of Mary Travers Jim Page

Jason Mraz David Rovics

Eileen Myoko Smith (Tokyo) Tom Morello

Hon David S. Ritter Hon Leo McGinnity Hon Gloria Goldstein Hon Sandra Forties Kevin Keating Meredith Weimar Ryan (Montauk)

Olympia forest defender Hon Katherine B. Forrest Hnn Judith Kaye

Hon Jonathan Lippman Vincent DeMarco

Judy Ficalora Dixon Claire Dixon

Salvatore Joseph Ficalora John Ficalora

Mary Ficalora

Sarah Ficalora Fowler Peter Joseph Ficalora Sandra Ficalora) Dick Cavett

Montauk Association-

Lighthouse gardener friend Bill Becker

Zachary Becker

Micheal and Patricia Kinney John McDonald

Chuck Morici Daryl Hannah Mark Dyken Jonathan Wilson Bear Dyken Jason Mraz Kitaro

James Taylor Tim Hermach

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Decision and Order; Town of Montauk v Vasquez, Teresi, J. May 14th, 2013

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Receipt, Notice of Appeal, 10/29/2013

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Receipt, Notice of Appeal, 10/29/2013

Notice of Appeal, Index# 6703-10, 10/24/2013

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Precalendar statement, 10/24/2013

Notice of Entry - Order of Transfer, NYS Court of Appeals, 9/25/2013


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Order of Transfer: NYS Court of Appeals (Town of Montauk v. Vasquez), 9/12/2013


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Memorandum of Respondent, 09May2013


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May 2013 Affidavit of Robert A Ficalora- Table of Contents


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May 2013 Affidavit of Robert A Ficalora, Albany Index# 6703-10

May 2013 Affidavit of Robert A Ficalora, Albany Index# 6703-10


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Order to Show Cause, 4/18/2013


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  1. Affidavit of Personal Service, 4/24/2013


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  2. Receipt (RJI/OSC), 4/18/2013


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  3. Request for Judicial Intervention, 4/18/2013


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Certificate of Incorporation:Township of Montauk

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Checks stamped for deposit, 7/26/2010


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Certificate of Merger/Consolidation

Certificate of Merger/Consolidation

Department of State rejection letter, 8/11/2010

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Complaint, 10/05/2010

Complaint, 10/05/2010


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Certificate of Incorporation, MFOP, 2/18/1994

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Declaration of Rights and Trusteeship, 5/23/1996

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Assemblyman Thiele acknowledgement, 5/26/1996

Assemblyman Thiele acknowledgement, 5/26/1996


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Chapter 139, Laws of 1852, 4/2/1852

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Chapter 139, Laws of 1852, 4/2/1852


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Petition to court of Appeals, 11/5/2002

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Order, Court of Appeals, People v Vorpahl 5/6/2004

Order, Court of Appeals, People v Vorpahl 5/6/2004

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Decision and Order, Town of Montauk, Inc vs Pataki et al, 1/22/2007

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Decision and Order, Town of Montauk, Inc vs Pataki et al, 1/22/2007


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N.Y. Not for Profit Corporations Law §904

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N.Y. Not for Profit Corporations Law §904

Bus Corp Law § 902: PLAN of MERGER or CONSOLIDATION


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Bus Corp Law § 403 Cert of Inc: EFFECT

Bus Corp Law § 403 Cert of Inc: EFFECT


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Laws of the Colony of New York: THE FIRST ASSEMBLY, 4/9/1691. Chapters 1&2

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LawsoftheColonyofNewYork:THEFIRSTASSEMBLY,4/9/1691.Chapters1&2


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Dongan Patent and Charter, 12/9/1686

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Letter to Gov. Patterson requesting an executive order, 9/27/2010

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I M P O R T A N T L e t t e r t o D e p a r t m e n t o f S t a t e , 7 / 2 1 / 2 0 1 0


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The Articulated Rights and Constitution of the Township of Montauk

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Letter to Gov Spitzer and Court of Appeals, 8/16/2007

Letter to Gov Spitzer and Court of Appeals, 8/16/2007

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The Montauk Gazette, July 2012: QUO WARRANTO


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