Serving the Towns of Wawarsing, Crawford, Mamakating, Rochester and Shawangunk, and everything in between
(none)   
SJ FB page   
Gutter Gutter
Attorneys Agree to Dismiss Marbletown Notaries from Civil RICO Suit

STONE RIDGE � There has finally been some progress in the civil RICO suit involving Richard Ulloa and various Ulster County and Town of Marbletown and Rosendale officials. Ulloa, a Stone Ridge resident, was originally arrested by a Town of Rosendale police officer in June 2009 and received two traffic tickets for driving without a license; although he produced a valid International Drivers Permit and a Costa Rican license.

These documents, according to the New York State Department of Motor Vehicles, are legal documents for operating a motor vehicle in any state or country. But Ulloa was sent to jail.

Feeling that his civil liberties were violated, Ulloa filed various liens against Ulster County, several municipalities, and their employees. Consequently, a civil RICO suit was then filed by them against Ulloa, and others including three Notary Publics, two of which are employed by the Town of Marbletown � namely Kathy Cairo-Davis, the Town Clerk and Kathy Steinhilber, Town Assessor's Aide and Clerk.

The third Notary was Ulloa's sister, Sarah Ulloa who filed a "Motion to Dismiss" in May 2010, stating she only executed the functions of her office as a Notary of the State of New York and had committed no crime. Her request was to be removed from the RICO action filed by the plaintiff's attorney, John W. Bailey on April 30, 2010.

At that time, both Cairo-Davis and Steinhilber were shocked that they were on the list of defendants as they also, like Ulloa's sister, were only performing the function of their job as State Notaries.

After being served, both Marbletown employees had to secure attorneys to also try to be removed from the civil RICO action.

As of August 26, 2010, the plaintiff's lawyer, Bailey, filed a cover letter and two "stipulations of continuance", for Cairo-Davis and Steinhibler, addressed to the Honorable Thomas McAvoy of The Northern District of New York's Federal Court system.

The cover letter, signed by Attorney Baily requested that Judge McAvoy consider dismissing both Cairo-Davis and Steinhilber from Civil Action No. 1:10-cv-00467 provided this was satisfactory with the judge.

The two separate "Stipulations of Dismissal," one for each Marbletown notary, were signed by Bailey and the attorneys representing Cairo-Davis and Steinhilber and basically stated that both the plaintiff's attorney and the defense attorneys representing the two women were in agreement to discontinue their inclusion in the civil action "without any prejudice or cost to either Notary pursuant to Rule 41 (a) of the Federal Rules of Civil Procedure."

According to an email statement by Ulloa, even though his sister's "Motion to Dismiss" paperwork was filed in May, she is still on the case as a defendant.

Ulloa's email stated that he looked online and found no paperwork filed by any attorney representing either Cairo-Davis or Steinhilber. He wrote that he had called Cairo-Davis' attorney, Eric Schneider, to find out if any paperwork was filed, but due to a confidentiality agreement Schneider told Ulloa he could not speak to him.

"I am glad for them [Cairo-Davis and Steinhilber]," Ulloa wrote.

Ulloa said he just filed a "Memorandum of Law" for his sister, which basically says that the Uniform Commercial Code (UCC) authorizes a Notary Public to issue presentments and issuance of Certificates of Dishonor.

However he added, "I would love to find out how he [attorney(s)] got them off, since they did not file any paperwork or anything� Interesting."



Gutter Gutter






Gutter