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FAMILY COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
In the Matter of a Proceeding
Under Article six of the Family Court Act
| File # 53516
PHOTIUS COUTSOUKIS, |
| PETITIONER'S AFFIDAVIT
- against - | IN SUPPORT OF MOTION
| FOR THE JUDGE'S
SUSAN SAMORA, | RECUSAL
I, PHOTIUS COUTSOUKIS, being first duly sworn, depose
1. I am the Petitioner in this matter.
2. Theodora Evanthia Isabella Samora Coutsoukis, my
daughter, was born in excellent health, high
neonatal scores, flawless genes, as shown in thorough
and redundant chromosomal exams, and with
3. Teddy was abducted and violated in the most savage
fashion, and she was damaged beyond
4 Susan and judge Braslow's feministic Mafia have
turned her into a salivating, grunting, crawling
shadow of her former self, and they did it through
gross physical and emotional abuse and severe
5. They have used every trick in the book to prevent
evidence of their criminal actions. I will not
allow them to continue concealing their crimes.
6. I hereby move the Court to recuse the judge for
the following reasons.
A. IRREGULARITIES IN ASSIGNMENT OF THE JUDGE
7. The manner of assignment of this case to Judge
John W. Sweeny is fraught with prejudice and the
conspicuous intent to deprive me of due process, as
shown in the brief chronology and analysis below.
8. In September 1998, Susan filed a motion by order
to show cause and Judge Bruce E. Tolbert gave
her a temporary order of protection. The Order is
limited to not making late calls (which I don't do) and
the rest of her nonsense was omitted.
9. During the proceedings in front of judge Ingrid S.
Braslow on that matter, which began in
September 1998 and ended at a hearing in March 1999, I
repeatedly moved for judge Braslow's recusal.
10. Judge Braslow invited Mr. Domicello, a court
appointed attorney whom judge Braslow "offered" to
Susan, to submit an amended petition, communicating ex
parte with him via her law clerk, Mary Chapyak (a
long standing practice, see example in attached
diskette, Exhibit 1, double click file braslow16.wav to
11. I filed a motion by order to show cause which I
sent by FedEx to the court.
12. Days later, when I called to find out what
happened to my order to show cause, I was told that
"the judge", i.e., Braslow, was "not there" and that
therefore it would not be dealt with.
13. I called the administrative judge's office to
complain, and shortly afterwards the order was signed
by, guess who, Judge Tolbert.
14. Now, I have never met Judge Tolbert and it seems
to me that two forces were at play here. First, his
temporary order of protection spoke of moderation and
common sense, otherwise absent in that building.
Second, there seemed to be a maniacal effort to avoid
allowing this judge Tolbert to sign my order to show
15 With these actions and the infamous history of
irregularities and intrigue in this case, a telling
picture began to emerge.
16. Judge Cooney and Ms. Chapyak, whose malfeasance
was not exposed until very late in this story,
apparently felt unhindered enough to continue as
17. I filed a modification petition which was
scheduled for April 30, 1999.
18. On April 30, 1999 I was handed Judge Braslow's
Decision and Order recusing herself from this
case and at the same time I rushed into Judge Cooney's
19. In a very strange proceeding, Judge Cooney first asked
Ms. Cotler, the Law Guardian, who was also in collusion with
the judge, via judge Braslow's law clerk, Ms. Chapyak (see
below), to speak before even asking me, the petitioner in this
case, to say a word; the judge she had extensive discussions over
paperwork with Ms. Chapyak (audio, patience... see also More Chapyak)
during Susan's statements, and then she ruled in a very bizarre
manner (see transcript in file).
20. Judge Cooney subsequently recused herself without a
coherent explanation (decision and order in file).
21. By the time my expos began surfacing, Mr. Domicello
and Ms. Cotler, unscrupulous liars,
perjurers and devoid of character or the slightest interest
in the welfare of my now disabled daughter (and whose
scurrilous characterizations of me I would like to answer on
the record, in court, in their presence), were looking for a
way out of this mess.
22. Mr. Domicello resigned, only to re-enter the case on
the urging of the by then panicked Judge, via
Ms. Chapyak (see Exhibit 1).
23. Judge Cooney's recusal offered the perfect opportunity.
By assigning the case to Judge Sweeny, she
avoided the prospect of the case ending up with judge
Tolbert (would he expose them?) and she offered an
"out" for the two lawyers.
24. By transferring the case to a Putnam County judge,
judge Cooney also offered an excuse to Mr.
Domicello and Ms. Cotler to resign, so as not to have to
face the music. The excuse in this case being that
they don't practice in Putnam (really!) and that the
distance precludes them from doing the job (whereas, I
suppose, I am the Greek village idiot?)
25. So, Mr. Domicello resigned for the second time and Ms.
Cotler also resigned, while having
refused to do so when I brought forth my allegations of
dereliction of duty and unethical behavior on her
26. However, these two Braslow appointees did not just go
quietly, but, emboldened by the backing of
two (crooked) judges, they decided to submit scurrilous and
false characterizations of me to the new judge
and, in the case of Ms. Cotler, to the Appellate Division as
well, their last "zing" before exiting the stage.
27. I believe these two should be made to come back and
face the music. Their accusations are briefly
addressed below, but, for the sake of fairness and justice,
they must be present when I answer them on the
record in court. I am not allowed to cross examine a Law
Guardian, but the Judge has the power to ask her
questions and to get to the truth. She should be disbarred
and she must never be allowed near a child again.
28. A background story began to surface, after I conducted
my own investigation into Judge Braslow's
activities, and when I became aware of certain things in the
"batterers class", to which she unjustly
29. There is a school of though which, through the women's
movement, has gained acceptance in law
enforcement circles in many U.S. jurisdictions, that men are
fundamentally violent and that women are
always victims. This is the premise behind the tortuous
brainwashing that is conducted in the so called
"batterers class" under the aegis of the "League of Battered
30. Significantly, this maniacal preaching of the
presumption of the guilt of all men (I suppose there is a
basis for it in this violent penal colony), is taught by the
same individuals, with missionary zeal, to law
enforcement professionals, including judges.
31. Having undergone such "training", Judge Ingrid S.
Braslow, proceeded to spread the man-hating,
child-destroying gospel via heavily promoted seminars on
"Domestic Violence" held at Harry Moskowitz's
house in Scarsdale, well attended by those who subsequently
find themselves in her (Braslow) court
(Exhibit 2, ScarsdaleNet About Town, January 1999).
32. This, of course, would sent a clear message to her
appointees, such as Ms. Cotler and Mr. Domicello, that they
would be well advised to not allow a man to be found not
guilty, no matter what.
33. The outward manifestations of this unconstitutional
approach to "justice" are apparent in the conduct of Judge
Braslow's proceedings, where her two "moles" tell the judge
what to do, with Braslow then proceeding to agree to this
majority of two, so as to lend an aura of "democracy" to the
ludicrous autocratic proceedings (Exhibit 3, Transcript of
March 22, 1999 hearing).
34. Not withstanding the fact that the above relate to a
separate matter, I contend that the
Braslow/Cooney/Chapyak team of militant feminists avoided
assignment of my case to Judge Tolbert and
that they did so in order to avoid, at all cost, exposure of
their bias and misconduct, and in order to shelter judge
Braslow's appointees, Mr. Domicello and Ms. Cotler, from
being further discredited with the prospect of exposing
their ex parte collusion with the Braslow/Cooney/Chapyak
35. I am now investigating the assignment and
"grandfathering" of docket numbers, another way in
which these judges may have manipulated the system to
prejudice my case.
B. JUDGE'S ACTIONS NOT IN THE BEST INTEREST OF MY CHILD,
RESULTED IN PREJUDICE AND CRUEL TREATMENT
36. First there is the issue of the law guardian. The Court
summarily replaced Ms. Cotler, without any
explanation, presumably on the basis of her vacation
schedule and the fact that she does not practice in
Putnam County. These issues are addressed above, beginning
with paragraph 20.
37. Rushing to assign a new law guardian, as if they were a
mandatory or necessary part of the
proceedings, while being aware of my prior complaints about
Ms. Cotler, would, I suppose could under
certain circumstances be OK, except for the fact that Mr.
Horowitz refused to allow me to send a 1-page fax,
after being made aware that my request was urgent and that
it related to my daughter, a child in crisis.
38. Mr. Horowitz should be de-assigned and Ms. Cotler must
be ordered to continue on the case, at least until she quits
for a legitimate reason, namely her vicious part in the
destruction of my innocent child.
39. During the preliminary proceeding I made a clear and
effective presentation in court of the other
side's entrapment of me. I explained to the Court that Susan
was in violation of the divorce decree in not
letting me spend my scheduled vacation with Teddy. I further
explained that not ordering her to comply
would result in severe hardship to me and to Teddy (who
consequently got sick, and she is still sick as of
this writing). Susan admitted that she was in violation and
she cited new circumstances. The judge did not even bother
to ask what the circumstances were.
40. This court had the authority and the obligation to
enforce the law by ordering Susan to comply and
to hand Teddy to me right away, but it did not.
41. It is appropriate to draw a comparison here of Judge
Braslow's dragging me into court in handcuffs,
on the basis of mere unsubstantiated allegations, without
representation (but she gave Susan Mr. Domicello without
Susan asking), without a scheduled hearing, without
admission of guild and without evidence, took my daughter
away from me in clear violation of UCCJA, precipitating a
domino of catastrophic events, including three
hospitalizations and the virtual destruction of my child.
This, while divorce proceedings were pending in Oregon.
42. Given that, then for this judge not to enforce the law,
i.e., the divorce decree which explicitly states
what should be done, with no superseding orders from any
one, can only lead me to the conclusion that judge Braslow
is the only judge in Family Court with b. willing to
exercise authority, a very revolting state of affairs.
43. The judge refused to allow a telephone conference so as
to help make Teddy's vacation possible,
while being aware of the otherwise potentially devastating
consequences. Both Teddy and I got sick as a result (our
love for each other and our bond is not something the
militant feminists will ever understand). Teddy and I were
unable to spend our vacation together, which was, by law,
supposed to have taken place
beginning on June 7, 1999. I had made arrangements for a
temp to mind my business while I spend time with
Teddy, as I so informed the judge during the preliminary
proceeding, and I ended up spending the money that I so
carefully saved for the purpose in vain. More of my money
was wasted when I had to fire with compensation a baby
sitter whom I had arranged to help me take care of my
disabled child during the
scheduled vacation. I was forced to permanently close one of
my operations, Theodora's Flag Shop, and I
came very close to losing my business and my home
altogether. My business cannot be sustained in my
absence. For the first time since Teddy's birth, almost six
years ago, I was forced to take sick leave from
complete physical and mental exhaustion and to shut down my
business. The agony and frustration of
seeing this sort of thing done to me and to my innocent
child, after all that we endured in the hands of
Braslow's feminocracy over the years, became unbearable and
I ended up pleading for help in extreme ways,
like the faxes to the judge. To add insult to injury, Susan,
emboldened by the judge's non-response to her
violation, prevented me from speaking with Teddy, refused to
let me see her at all and the deprivation made my little
girl sick, yet again. She unilaterally limited me to calling
Teddy on Wednesdays at 7:00 p.m., the time when she knows I
am in the middle of the "batterers class" where she put me.
44. This Court's action was then cruel and hurtful to a
devoted father and to an innocent child who are
the battered victims of Westchester's vicious feminocracy.
Both teddy and I have endured years of agonizing torture
from the mother's notorious usurpation of my parental rights
and Teddy's abuse, to Judge Braslow's maniacal persecution
of innocent fathers and cover-up of the crimes against
45. I have for almost two years now tried to draw the
court's (Braslow) attention to my daughter's plight
and I supplied volumes of medical and educational records to
no effect, with Judge Braslow refusing to hold a hearing
using various pretexts (Exhibit 4, Appellant's Brief,
contains relevant chronology and statement of facts.).
46. To add insult to injury, this Court submitted
authorization for Mr. Horowitz, whose questionable
credentials, lack of urgency and as the irregular successor
of Ms. Cotler, a notorious father-bashing idiot, completely
lacking any authority to pass judgment on my daughter's
complicated medical and educational condition, to obtain my
daughter's records. All the relevant records are already in
the Family Court file and all one has to do is to be willing
to look and to study.
47. The judge's insistence on avoiding issues previously
dealt with by Judge Braslow flies in the face of his refusal
to enforce the decision of the Oregon court, i.e., the
divorce decree. The other side did not come with a petition
for modification of that decree this time. When Susan did so
upon arrival in New York Judge Braslow dismissed it "with
prejudice". All I asked was that the law be enforced and all
I got was more "Braslow".
48. What I am asking also is that the Court not take action
to damage my case before recusal, as judge
Braslow, judge Cooney and Braslow's two appointees did. This
sort of "last minute zing", retribution from
behind a closed door, is nothing but an act of cowardice.
RESIGNED LAWYERS SCURRILOUS CHARACTERIZATIONS OF ME
49. I don't think it is necessary to address Mr.
Domicello's second resignation note. One would think
that I must have done something to him and that's why he
resigned. The first time Mr. Domicello resigned
was when I came forth with evidence of ex parte conniving
between him and judge Braslow. And while I
told him that I would have to defend my self from these and
asked him to come forth he chose to "stick by
the judge" rather than to tell the truth. After he resigned
under false pretenses, and while making false
statements "under the penalty of perjury", he shortly
afterwards came back, at the ex parte urging of the
judge. The Judge gave him cover from prosecution and he
covered up for her.
50. Ms. Cotler is a different story altogether. She is
listed under "Divorce Lawyers" following the
"Psychics" classification in Westchester Weekly's "SMART
SINGLES" web site, offering advice on
"Degrees of Dating", "AIDS/HIV Testing", etc. Ms. Cotler,
who abandoned her newborn daughter so as not
to interrupt her career, persecuted me mercilessly for no
other reason than the fact that I chose to personally care
for my now disabled daughter. Her acts of dereliction of
duty and utter indifference in the face of
catastrophic injuries to my daughter after our forced
separation in New York speak volumes about her
51. So, this semi-educated and vicious lawyer decided to
gracefully exit from this mess under the
pretext that it is "difficult for me to appear in Putnam
County Family Court". It would be completely unfair to me if
this court allowed Ms. Cotler such relief which she
requested in a document full of scurrilous and false
characterizations of an innocent man who is her battered
victim and the destruction of whose child she so callously
abated. The Court must not provide her with another
Braslow-style cover so as to avoid the consequences of her
52. Ms. Cotler who is wining about being a solo
practitioner without coverage showed absolutely no
sympathy for my heroic efforts to operate a substantial and
complex business from home, to where I moved
from Oregon, personally bringing Teddy with me when her
mother fled to New York, sustaining enormous losses in the
process, so as to personally care for a very dear child with
acquired disabilities. Ms. Cotler's
slight inconvenience is infinitesimally small when compared
to the enormous personal sacrifices that I made for Teddy.
Ms. Cotler made my life miserable beyond endurance and she
destroyed my daughter's life, while
also screwing her own child with her pathetic career as an
excuse. She must not be allowed to enjoy the
fruits of such cruelty while hiding behind the pretext of
limited resources. Let her manage with a little
adversity which could not possibly compare to the severe
deprivation and agony that I endured so as to serve my
daughter under the gruesome circumstances that she and her
tyrannical cohorts imposed on us.
53. Her hubris in pretending to want to "assist this Court
and Theodora" makes me want to pursue her
to the ends of the earth. How dare she pretend to speak for
my Teddy, the baby for whom I gave up my life
and my brilliant career to care for day and night, whose
diapers I personally changed with meticulous care and
personally washed to perfection; whose baby food I prepared
with world class culinary expertise and
genuine passion for her enjoyment, from ingredients that I
personally grew in dripping sweat to make sure
that this most precious and respected person of all would be
pleased, when she wouldn't even bother to hold
her own newborn for fear of minor career inconveniences, or
even to just bother to see how Teddy was in the hospital in
the three occasions that, for the first time in her life she
was hospitalized, as a direct consequence of these people's
vicious actions. Ms. Cotler is just plain evil.
54. Her invoking of the Oregon divorce decree as an
indication of my character or parenting abilities is
hideous. She is well aware that that decree was ill
begotten, with judge Braslow calling the newly appointed
Oregon judge BEFORE the Oregon hearing and BEFORE judge
Braslow held her own first New York
hearing, badmouthing me on the basis of Susan's false
allegations. She knows that Susan and her attorney
lied to the Oregon judge about the NY status, except that,
unlike Mr. Domicello who signed a letter
explaining that it was not so, she chose the dishonest side.
Pretending to pass judgment on my character,
which NO ONE EVER did until Susan hired her sleazy lawyer in
Oregon, tells more about her than about
55. Ms. Cotler is misleading the court about my request for
assigned counsel. As a rule, having
experienced these two first hand, I would rather have root
canal. But a quick glance at the transcript and
reading my application for the lawyer, solely for
preparation of a motion to re-argue and for signing
subpoenas, shows that it is a perfectly sensible thing to
56. Ms. Cotler also states regarding my belated request for
counsel, that my request for reargument was just because I
did not have a lawyer during the hearing, which is not true,
and that I "apparently chose not to make such a request in
the hopes that should the outcome of the Hearing be
unfavorable to him, he would have grounds for Appeal." [sic]
Please note that I have personally prepared and delivered
briefs for four (4) of Judge Braslow's decisions, so far,
which the Appellate Division already accepted.
57. I did not choose not to send her complete pleadings, as
Ms. Cotler claims. Ms. Cotler has
consistently avoided service and Exhibit 5, FedEx item
refused by her is just an example. Another one was
her statement to the Appellate division that she did not
receive an item until after the legal date, whereby the
receipt from FedEx, which can be checked by calling
(800)GO-FEDEX showed otherwise. There has never been any
item that I introduced into the file to which Ms. Cotler had
not had prior access.
58. There is no way on earth that, as Ms. Cotler contends
in her preposterous letter, that I would have
avoided the order of protection if I only had accepted
assigned counsel. The message I got from the Judge
via Mr. Domicello was the same that assigned and
non-assigned highly paid lawyers always get from
Braslow, capitulate (sign a consent) or be found guilty,
regardless of the merits of the case. There are numerous
innocent men, good fathers out there ready to lynch her if
they could only get away with it.
59. Ms. Cotter's complete ignorance of this case glows from
the false, really false, very stupid statements, like "I
believe Petitioner will do almost anything to harass
Respondent, his ex-wife, in an attempt to wear her down and
gain custody of Theodora." Every moron who ever bothered to
look or listen knows by now that when Susan fled to New
York, the status in effect was that of the Oregon mediation
agreement, a court order, whereby I VOLUNTARILY GRANTED
SUSAN CUSTODY OF TEDDY in exchange for liberal visitation,
i.e., Teddy spent her days with me, and it required prior
medical and educational matters. Moreover, for years prior
to leaving Oregon, I had made enormous efforts
to get Susan begrudgingly involved in Teddy's care in the
first place, a decision that Ms. Cotler has made me regret.
Custody is not the main issue. I am not litigious and I made
huge efforts to assuage Susan from going to the lawyers and
the Courts, and I was right. My issue is and it has always
been that of the personal care of a precious child in
crisis, who has been so severely diminished by the
carelessness of America's greedy feminocrats.
60. "Railing" about American lawyers or doctors or
neglecting mothers or the sewer that they have
made of American society does not make me a bad person but
an astute observer in a sea of empty headed
and self involved denial. Examination of my credentials
easily shows that I am an outstanding citizen by any
standards. I used to be America's best ambassador to the
world, until I saw what this country and its hideous people
did to my beautiful daughter and to thousands of other
American children. And while I still wear the "A" label,
with shame, I have absolutely nothing to say to Ms. Cotler
in defense of my disdain for America and its people. She is
the perfect example of its cause.
61. Cotler speaking neurology turns my stomach. She may
call me a self proclaimed genius and she can
label me psychopathic, but she forgets that when Susan's
unscrupulous Oregon lawyer chose the same tack,
the court ordered evaluation showed me supremely rational,
"brilliant", a devoted father extraordinaire and in need of
relief from Susan's painful denial of access and usurpation
of my parental rights. Ms. Cotler cannot pretend not to
have had many opportunities to see the evaluator's reports
and his testimony. That the Oregon judge did otherwise
after his t te- -t te with Braslow carefully not mentioned
by her, even though,
Ms. Cotler was present in the court room in the fall of 1997
when, before commencing the much belated
hearing on Susan's first order of protection, judge Braslow
proudly announced that she had called and
spoken with Judge Arnold of Oregon. If the Westchester
Family Court has any sense of justice, Ms. Cotler
must be compelled to come back and confirm this on the
62. Ms. Cotler's faulty memory also overlooked that she
repeatedly made a recommendation to judge
Braslow that I be psychologically examined (as urged to do
so by Ms. Chapyak) and she knows very well
that Judge Braslow seemed so willing to go along until I
pointed out what happened the last time Susan and
I were psychologically examined (see transcript).
63. In her opus, Ms. Cotler dismisses as "sound bites" my
audio recordings, which were made with
great personal effort and at my considerable personal
expense for the purpose of avoiding false allegations
and more entrapment from their clique. A diskette can only
hold about one minute of audio at reasonable
quality. I would be more than willing to play the entire
tape, or even my huge collection of tapes in court.
During the proceedings, Ms. Cotler objected to my offer to
play the tapes of my conversations with Susan,
which Susan falsely characterized as 'harassment", the crime
of which I was unjustly convicted in a kangaroo
court, and for which I have to spent so much of my precious
time with real criminals, except that their
probation is once a week, I have to go twice.
64. Ms. Cotler's critique of my animated Braslow cartoon on
the web is silly. I am not just an
extraordinary, award winning web master, but I have been a
pioneering master of the web for years, and my
Internet imitators are now billionaires. I chose to be with
my baby instead, and for that I and Teddy were
destroyed. I know how incomprehensible it is to an American
that one would forsake riches for diapers, or
why I would choose poverty over abandoning a child, as Ms.
Cotler helps others to do, but then, one look at
Ms. Cotler is all it takes to see why.
65. Theodora Evanthia Isabella Samora Coutsoukis was born
in excellent health, with high neonatal
scores, flawless genes and extraordinary abilities. Ms.
Cotler and her vicious cohorts turned my little girl
into a pathetic shadow of her former self and I will NOT
EVER let them get away with it.
SUBSCRIBED AND SWORN TO before me
NOTARY PUBLIC FOR NEW YORK
My commission expires:
o O o