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LexPress: Judge in Danger?

By Jesse Sunenblick
jsunenblick@judicialstudies.com
Posted: 07-30-08 

A report on an apparent plot against a Suffolk Justice. And another judge recuses himself from Donald Trump's lawsuit against the State over being denied a permit to build a catering hall at Long Beach. Was it based on the judge salary suit?

A MOUNTAIN OR A MOLE HILL? 
The New York Law Journal reports on the saga of Brian Orkiszewski, 49, who is accused of plotting to buy a gun with the intention of killing Suffolk County Supreme Court Justice William J. Kent III, who Orkiszewski says “gave his house away” to his ex-wife. Suffolk County DA Thomas J. Spota said Brian Orkiszewski “felt entitled to more” from the proceeds of the home’s sale. While locked up on a contempt charge, Orkiszewski allegedly boasted to fellow prisoners about his plan, specifically how the judge would “have a big surprise when I knock on his door.” Said Orkiszewski’s attorney, Anthony M. Grandinette, “As part of that divorce there was a support and maintenance order that he had to pay. My client fell down a fire escape on the job and is out on disability and can't make the payments.” Once jailed, Orkiszewski became “frustrated and jaded” and “made some stupid comment.”

BUCARIA BLUES
Another month in the Donald Trump Long Beach case, another recusal. Newsday reports that Nassau County Supreme Court Justice Stephen Bucaria has asked off the case — in which Trump is suing the State for denying permits to build a catering hall and restaurant at the beach — following in the path of Justice Leonard Austin, who recused himself from the matter in April. After a citizen activist balked, Austin cited a potential conflict of interest because he had advocated a pay increase for judges and two lawyers in the firm of Trump’s attorneys are State Legislators. For his part, Bucaria has yet to explain why he stepped aside. “Judge Bucaria did recuse himself from the case. I don't have any knowledge as to why,” said court spokesman Dan Bagnuola.


THE AMISH AND FIRE ALARMS 

Also from Newsday: after waiting eight months to make a ruling, Morristown Town Judge James Phillips, Jr., has ordered members of a local Amish sect to face trial for failing to follow local building codes they say hinder their religion. “The Amish desire ‘not to conform to this world’ must be reasonably and rationally tempered with required compliance to regulations imposed by a town and society in which they are citizens,” Phillips wrote. Morristown has cited 11 Amish men for building or moving homes without permits since July 2006.

DONAGHY SENTENCED 
And The New York Times reports on the sentencing of disgraced former National Basketball Association referee Tim Donaghy, for his role in a gambling scandal. Eastern District Judge Carol B. Amon gave Donaghy 15 months — a lighter sentence than the 27-to-33 months the guidelines suggested. “We anticipate that the judge’s sentencing decision, together with the changes we have made to our referee operations staff, will enable us to continue with the improvements we are making to our anti-gambling rules, policies and procedures,” NBA Commissioner David Stern said in a statement.

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