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Brud Rossman v. Wieslawa Stelzel

October 13, 2011

BRUD ROSSMAN, PLAINTIFF,
v.
WIESLAWA STELZEL, DIRECTOR, REAL PROPERTY TAX SERVICE, SECRETARY, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, ERIC HOLDER, U.S. ATTORNEY GENERAL, ROBERT GATES, SECRETARY OF DEFENSE, DR. SAMUEL J. POTOLICCHIO, DR. LINDA SAPIN, DR. PHILIP PULASKI, JOHN DOE NUMBER 1, JOHN DOE NUMBER 2, AND JOHN DOE NUMBER 3, DEFENDANTS.



The opinion of the court was delivered by: Seybert, District Judge:

ORDER

On September 7, 2011 pro se plaintiff Brud Rossman ("Plaintiff") filed his Complaint against the defendants, Wieslawa Stelzel, Director, Real Property Tax Service, Secretary U.S. Department of Housing and Urban Development, Eric Holder, U.S. Attorney General, Robert Gates, Secretary of Defense, Dr. Samuel J. Potolicchio, Dr. Linda Sapin, Dr. Philip Pulaski, and John Does 1- 3, (collectively, the "Defendants"). Notwithstanding Plaintiff's payment of the filing fee, his Complaint is sua sponte dismissed for the reasons that follow.

I. The Complaint Plaintiff, who alleges that he is an attorney having graduated from Harvard Law School in 1989 and who is currently registered as a member of Bar of the State of New York, has submitted an incomprehensible seventeen (17) page Complaint accompanied by forty-two (42) pages of exhibits. Many of the exhibits contain handwritten annotations that are largely illegible. As the Court can best discern, it appears Plaintiff seeks to challenge an on-going state court landlord/tenant proceeding now pending against him in the Justice Court of the Town of Riverhead, Stelzel, Wieslawa v. Rossman, Brud, Docket No. 2011- L/T-213. (Compl. at pages 3, 13). The Complaint begins:

Plaintiff seeks an injunction staying the state court proceedings now pending before the Justice Court, the Town of Riverhead . . . A contemporaneously filed motion is now pending in the state court proceeding. Prior proceedings in Federal Court or other Federal proceedings, involve the same underlying issues, or interests, as the current State court proceedings, and establish the first prong of the Relitigation Exception of the Anti-Injunction Act, 28 USC 2283. In short, the issues are essentially identical for these litigation purposes. The second prong of the Re-litigation Exception to the Anti-Injunction Act, 28 USC 2283, is also met, on Plaintiff's 'requisite connection' with the underlying Federal interests defining both the prior Federal proceedings and the current state action; the prior Federal proceedings bind Plaintiff in the parallel state court proceeding.

(Id. at page 3) (footnotes omitted). Plaintiff alleges that he: is the sole managing member of Sawtooth Capital LLC (SCLLC) formed in New York State on or about October 27, 2009. There are two or more SCLLC office locations, to include, WOL, and with FROR, the addresses captioned above. SCLLC has been operating, since formation, in New York, and in Washington, D.C., among other locations, through the litigation efforts, and other efforts, of its various Member and non-members. SCLLC, specifically, has been compromised by the underlying TT defining the pled violations of law, the equitable claims to relief, and with continuing harm to this day. Brud Rudolph Rossman, as individual, as managing member of SCLLC, and as natural U.S. citizen, has been compromised by the underlying torts and transactions ("TT") defining the pled violations of law, the equitable claims for relief, and with continuing harm to this day. Wieslawa Stelzel owns property in Suffolk County at issue in the State Court proceeding defined herein. Her interests apparently are or were capitalized in whole or part by Pershing and other holdings, previously invoked in Federal Court proceedings by Plaintiff. The other captioned defendants are defined in the Exhibits hereto, and as expressly incorporated by reference, and all WOL, and with FROR.

(Id. at pages 10-11). According to the Complaint, Defendant Wieslawa Stezel initiated a "summary eviction of plaintiff." (Id. at page 12). The Complaint then lists Plaintiff's "claims": Claim I: Public safety risks, risks to counterclaimant, and previously noticed bases for rental offset, without limitation, have already damaged plaintiff in the estimated amount of One Million Dollars[].

i. Brud Rossman, captioned defendant, hereby gives notice of counterclaims in line with prior formal demands for payment of Wieslawa Stelzel.

ii. Beginning three weeks before the instant proceeding was commenced, Brud Rossman, ("Counterclaimant" or "Counterclaim plaintiff" or "Counter-Plaintiff"), noticed Wieslawa Stelzel, aka "Vicki" Stelzel, of Sound Shore Road, Riverhead, NY 11901. An intent to sue Stelzel was clearly implied.

iii. Plantiff had previously noticed the local authorities of Suffolk County, Riverhead, NY, of various serious threats to public health and safety unaddressed, if not proactively "maintained," at 465 South Shore Road, Riverhead, NY 11901, the reported owner, one Wieslawa Stelzel, ("Stelzel"), a captioned defendant, (the "Stelzel Property" or "Riverhead, NY Property" or "465 Sound Shore Rd").

iv. Beyond continuing fire hazards to the de facto multifamily housing complex maintained by Stelzel, the property's South Lot Line includes a series of unremediated "coming to the nuisance" threats to public safety -- literally thousands (1000s) of square feet of truly dangerous agricultural buildings, rusted, large fan blades, upright sharp edges, and threats to any individual who happened upon such structures, (the "Public Safety Risks" or "Safety Risks" or "Risks").

v. The Public Safety Risks are concealed by foliage both North and East, but extend hundreds of feet North/South, and East/West, approximately 2000 feet of danger to any Traveler. Stock brokerage, related interest financing of the real property in question . . . is a matter of public record, or otherwise evidenced, ("Real Property," or "Stelzel's Property" or "465 Sound Shore Road" or "Country Property" or "Federal Property").

vi. Plaintiff noticed these continuing threats to the public safety to defendant Stelzel in many letters, certified U.S. mail, or otherwise confirmed recieved, over the period August 3, 2011 to date.

vii. Instead of remedial measures,

Stelzel attempted a summary eviction of Plaintiff on August 5, 2011, summoning local police to the premises. The police left, taking no action against Plaintiff; one Officer Murphy inquired, on is departure, "Do you have a cell phone?" Apparently, the Officer was concerned that Plaintiff might need to summon ...


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