NY attorney admonished for citing fake cases

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A New York State Court of Claims judge issued a stern warning to an attorney who cited fake cases in an affidavit.

The attorney, Timothy Manning, from the Law Office of Kenneth M. Mollins P.C., in Nassau County, is representing a client identified only as H.F. in court papers.

The client is pursuing a claim for alleged sexual abuse she suffered when she was a resident at the Taberg Residential Center for Girls, in Oneida County.

The summons served on the defendant state of New York included language designating Nassau County as the place of trial, even though the case was already assigned to Oneida County, where New York Court of Claims Judge Abby R. Perer ruled that it will remain.

Attorneys for the state had filed a motion to make sure the case stayed in the Oneida County unit of the Court of Claims, and Manning filed an affidavit “relying on apparently fictitious cases to argue venue is proper in Nassau County because, among other reasons, it is where claimant resides,” according to Perer’s decision.

“The Court must address claimant’s counsel’s use of fictitious case cites in their filing,” Perer wrote.

“When reviewing the Manning affirmation, the Court was unable to locate four Court of Claims cases cited therein. In addition, multiple other authorities cited in the Manning affirmation did not appear to support the arguments being made,” Perer wrote.

On Jan. 28, Perer wrote to Manning requesting copies of the four Court of Claims cases that could not be located. Manning did not respond, Perer wrote.

The “use of apparently fictitious cases is not only a violation of their ethical obligations, but a deeply troubling act of disrespect to their client, opposing counsel, and the court process,” Perer wrote.

“At a minimum, a lawyer has an ethical obligation and duty to refrain from knowingly make a false statement of fact or law to the Court,” she wrote.

“To address the conduct by claimant’s counsel, and hopefully deter similar future conduct, the Court will strike the Manning affirmation from the record and will not consider it for purposes of deciding defendant’s motion,” Perer wrote.

“In the event claimant’s counsel utilizes fictitious cases in any other filings before this Court, the Court will, at a minimum, impose economic sanctions and refer counsel to the appropriate attorney grievance committee,” she wrote.

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