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While CPLR 403 (d) allows an Order to Show Cause to be served in lieu of a Notice of Petition at a time and in a manner specified therein, definitely will not allow such service of petition by telephone about 3 hours prior the appearance in court.

The petition was not served, or improperly served to Veleanu in violation of CPLR 403, or in alternative, CPLR 307, 308, 310, 311 or 312, as well as CPLR 3012 (b), or CPLR 2103.

The right to dispute, to deny, to defend and when injured, to seek the remedy, where flagrantly and totally violated or ignored by the 4 involved judges of the Supreme Court of Dutchess County.

First judge, Judge James Brands accepted as material evidence documents that defendant Veleanu averred were criminally forged and criminally mislabeled.

As Veleanu lives most of the time in Somers, NY, he appeared in the court on August 7, 2009, shortly before the court opening and at that time Assistant Attorney General (hereinafter AAG) Nick Garin, AKA G.

Nicholas Garin, handed Veleanu a large bundle of documents that Veleanu did not have a chance to read even the first page and had no opportunity to present an adequate representation of the facts to the court presided by judge James Brands.

CPLR 320 provides as follows: Defendant’s appearance under 320 c: When appearance confers personal jurisdiction, in certain actions; limited appearance; clearly and without ambiguity specifies: “(W)hen the court’s jurisdiction is not based upon personal service on the defendant, an appearance is not equivalent to personal service upon the defendant” .

Accordingly, the petitioner, AG, never accomplished serving of the legal process with the notice of petition.

Due process forbids a legal action against a person unless the person has been given notice and an opportunity to be heard.These judgments are considered to be ex parte judgments as the respondent had no chance to defend or participate and are void ab initio.The violations of constitutional rights of Veleanu specify that every person has access to justice without sale, denial or delay and every person’s rights are guaranteed unless denied by the statutes.AAG Garin violated the constitutional right of due process by violating CPLR Art 4, R403 regarding the notice of petition or the order to show cause to be served in a manner specified therein, however not in a manner to sanction violation of the constitutional right of due 3 process and the right to be informed about charges in time to allow preparation for a defense.2 judges of the Supreme Court of Dutchess County decreed judgments in favor of the petitioner without any hearings, conference, calendar call and even without seeing the defendant or the attorney representing the defendant Veleanu.