2effort to mislead the court and confuse KRICHEVSKY. In the instant motion to compelKRICHEVSKY stated in ¶¶ 4 and 5:
Above-mentioned discovery requests, are relevant to my motion to disqualifyLorna LaMotte, Exhibit B. Additionally, I am working on my motion for sanctionsdue to bad faith, dilatory litigation and baseless denials of facts in my 1
amended complaints, which she will be a party.Lorna LaMotte replied by objection to the request for admission addressed personally to her, Exhibit C. Her objection is that even though she is a party to mymotion to disqualify her, she is not a party to the action. These discovery requestswere served together with the motions to disqualify and for default judgment.
Accordingly, this objection is baseless.”
Her baseless position that she does not have to answer the request for admission andinterrogatories addressed and related to the motion to disqualify because she is not a party tothe bankruptcy proceedings. In ¶ 7 of her affirmation in opposition she states:
to state in his application that
I acknowledged being a party tohis motion to disqualify.
I made no such admission or reference to his motion todisqualify in my objection to the within request. I maintain that I am not a party tothis action.
I am the subject of his motion to disqualify
but that does not make me
a party to the action.”
This is a bad faith, frivolous argument. The fact that Ms. LaMotte is not the named defendantin this lawsuit is irrelevant in relation to a motion to disqualify. Motion to disqualify Ms.LaMotte was personally served on her and she was the
in the motion. She doesnot have to admit that she is a party
it presumed by issue to be decided. Motion to disqualifyis an action by itself. Motions to disqualify
do not have “SUBJECTS” that must be disqualified
(unless Ms. LaMotte changed her name and now calls herself SUBJECT)
attorneys aredisqualified as parties to the motion. Ms. LaMotte appeared by answering the motion in formof Affirmation In Opposition To Motion To Disqualify Lorna LaMotte, Esq., exhibit A. Thisact in itself
an admission that she is a party and gives jurisdiction to the court. By contrast,