Complaint Review: PENNSYLVANIA DISTRICT COURT & NEW YORK STATE COURT OF APPEALS - Select State/Province

If your Reading my reports and visited my dropbox to view my evidence or the link just didnt work for you please view here, Ive been having trouble with the dropbox and didnt realize the evidence wasnt able to be viewed. More than likey since their still messing around with the wiretap to my internet service

please view Here the Evidence:

https://www.dropbox.com/sh/y3b250kx9bjbfyr/AADOW7YT2Yx7ELlXva5aWxaja?dl=0

After purposely holding off my appeal the New York State Court Of Appeals Decides they rather just deprive me my right to appeal as a right from the appellate courts decision to modify the order as retalitory for me having exercised a right against the judge that framed me and deprived me from my child until now. Read my letter to the court pasted here and view the order in my drop box they write that theres no substantial constitutional ground and therefore my appeal is dismissed and stay is denied. 

                                                     My letter Pasted below

STATE of New York

Court of Appeals

20 Eagle st.

Albany, New York 12207-1095

Attention: Deputy John Asiello

Re:  Matter of Margary vs. Martinez, Mo.No.2014-771

Dear Mr. Asiello/court ,

 In response to Ms. Spector's letter dated August 4 2014 received August 7 2014. , I dispute all claims as frivolous to the attorneys argument that this court lacks Jurisdiction.

CPLR 5601 sets forth an appeal is taken as a right to this court from a final order determined by the Appellate court where the court ruled in favor of the party that appealed.

    §  5601.  Appeals to the court of appeals as of right. (a) Dissent. An  appeal may be taken to the court of appeals as of  right  in  an  action  originating  in  the supreme court, a county court, a surrogate's court,  the family court, the court of claims or an administrative agency,  from  an  order of the appellate division which finally determines the action,  where there is a dissent by at least two justices on a question  of  law  in favor of the party taking such appeal.

Subsequently, 5601(B)(1) states that an appeal may also be taken as of right when the appellate court determines an action where there is directly involved the construction of the constitution of the state or the United States Constitution.

    (b)  Constitutional grounds. An appeal may be taken to the court of appeals as of right:

    1. from an order of the appellate division which finally determines an action  where  there  is  directly  involved  the  construction  of  the constitution of the state or of the United States; and

   2.  from  a  judgment  of a court of record of original instance which finally determines an action where the only question  involved  on  the appeal  is  the validity of a statutory provision of the state or of the United States under the constitution of  the  state  or  of  the  UnitedStates.

As set forth the provisions of law involved is Article 6 to the New York state Constitution, Title III Section 2 to the United States Constitution and New York and Family Court Act  § 154.(c)(1) 

Thus, the Family court lacked jurisdiction to trial family offenses alleged in the state of Pennsylvania, the petition fails to allege a single offense being committed in the state of New York.

 In relevant part:

1. Title iii of the United States Constitution Section 2,The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed;

2.New York  Family Court Act  § 154. (c)(1) states, that the family court can issue a order protection so long as: (1)  the  act  or  acts  giving  rise  to  the application  for  issuance  or  enforcement  of  the order of protection occurred within the state.

3. NEW YORK STATE CONSTITUTION ARTICLE 6  Section 1 (C) states,. All processes, warrants and other mandates of the court of appeals, the supreme court including the appellate divisions thereof, the court of claims, the county court, the surrogate's court and the family court may be served and executed in any part of the state. All processes, warrants and other mandates of the courts or court of civil and criminal jurisdiction of the city of New York may, subject to such limitation as may be prescribed by the legislature, be served and executed in any part of the state. The legislature may provide that processes, warrants and other mandates of the district court may be served and executed in any part of the state and that processes, warrants and other mandates of town, village and city courts outside the city of New York may be served and executed in any part of the county in which such courts are located or in any part of any adjoining county.

Furthermore, this appeal directly involves other state Constitution and United States constitution such as Due process to the 14^th Amendment for these reasons stated herein.

1.Denying appellant his right to counsel, 6^th amendment under New York State Constitution and United States Constitution.

2. Denying appellant the right to cross examine.

The Supreme court stated in Chambers,410 U.S. at 295 The righ of cross-examination is more than a desirable rule of trial procedure. It is implicit in the constitutional right of confrontation, and helps assure the accuracy of the truth determining process. See Dulton v. Evans 400 U.S.74,89(1970)

3. The Petition is Deficient on its face, see. Hunt vs. Hunt,72 N.Y. 217,230 In any proceeding where there was a threshold defect in the papers filed the resulting judgment would forever be subject to vacatur, even though the respondents appeared in the proceeding, submitted to the courts jurisdiction and litigated the proceeding on the merits. See CPLR 5015(A)(4)

 4. No evidence was taken in that would substantiate the crime convicted of, as prescribed by the statue.

Wherefore, pursuant to CPLR Sec. 5601 the court of appeals jurisdiction is proper in this matter as a right prescribed by statue, and for all the above stated reasons appellant should not be denied leave to appeal.

Dated: August 7, 2014

VIEW the appeals courts order and all the evidence against these corrupt courts Here:

                https://www.dropbox.com/sh/jz7jmuma0x1vbki/AABDKzgRR4rFx4sleiMxFo_8a?dl=0