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Yellon Sues NYT For $50 Million (and loses)

2012-03-15

Best defense is a good offense

When researching the Yellon story, we heard several times that Mr. Yellon had responded with a lawsuit naming the reporter and the NYT as defendants. Turns out stories are true.  Mr. Yellon quickly sued the paper (May 1999) for libel to the tune of $50,000,000.

Can’t say we blame him for reacting the way he did but you’d think he would have done his homework before taking on a publishing powerhouse.  Guess emotions got ahead of logic and common sense.  Either that or Mr. Yellon truly believes he did nothing wrong – that he was a victim.

The NYT answered and then won a motion for summary judgement dismissing Mr. Yellon’s claim.  Mr. Yellon appealed and lost that fight too, ultimately stipulating that he would go away and pay a bit of money to do so.

Copies of certain documents are available below.  Of particular interest is the courts ruling that the public had an interest in his (Mr. Yellon) qualifications and performance, and it may, arguably, be said that he acted as a public official.’

And perhaps that is the correct standard process servers and notaries should aspire to and be held accountable for.

Partial Case File – Yellon v. NYT  (pdf 1.4MB)

26 Comments leave one →
  1. P With permalink
    2012-03-15 14:31

    Most interesting. However I am unable to open the Adobe Portfolio file

    • NAPPS Watcher permalink*
      2012-03-15 17:50

      New pdf posted – sorry about that.

  2. jim besm permalink
    2012-03-18 01:55

    New York emergency meeting coming soon. All NAPPS money won’t change what they are about to propose. It will be before Boston..

  3. 2012-03-20 01:49

    All of this took place before Mr. Yellon even became a member of NAPPS. NAPPS shows 2002. It is my understanding that the matter was thoroughly investigated by Al Crowe before Mr. Yellon was allowed to became a member. Knowing Al Crowe and his investigative skills, I doubt anything got by him. I have no doubts it is true that Al would not have allowed membership without being totally satisfied the matter was resolved. In addition the statute of limitations must have passed by now. All of this is over 10 years old. How about current issues regarding Mr. Yellon, if there are issues against Mr. Yellon. So I have said it. Let the flaming begin!!!

  4. Let us Not Forget permalink
    2012-03-21 21:58

    Membership? Okay Fine!

    President? Not so Much! People lost their homes because of Yellon’s misconduct.

    Current? Since you seem to be championing Mr. Yellon you may ask him about any tax problems he is currently experiencing. Recollection seems to be that was sufficient to keep a Founding Member / Mac Donald Award Recipient from running for President…???

  5. barb permalink
    2012-03-22 20:45

    Thank you for the great flame :-) I was feeling neglected. :-)

    I don’t champion anyone except the memory of Al Crowe.

    Anyone that lost their home could file suit. He had E&O insurance.

    I look at facts and follow facts. This subject is over 10 years old. I don’t know about Mr. Yellon’s tax issues. How would I? Quite frankly I wonder why anyone would want to be Pres of NAPPS with this group out there out to destroy anyone who seems to hide behind false identities to sling mud at anyone that gets in the way. Who do you suggest run for Pres?

    Is it the Pres you really want gone or the entire board so you can control the person who will get the contract next October for the administrator’s position. It is very obvious this entire site is 1) bring back JB and 2) the obvious dislike of Gary. Who do you all have in line for the administrator’s job?

    If you have facts against those running for the board bring them up in Boston. That is the point of nomination in Boston for the coming term. Why air gossip on boards like this.

    It is obvious to me who the NAPPSWATCHER is. Is it obvious to you? He will probably have a great time in Boston. He may even run for a position. But then again I wonder why he would bother to attend or run for a position, since he doesn’t seem to have anything nice to say. Is this “fish wrapper” style of news.

    • NAPPS Watcher permalink*
      2012-03-24 21:01

      > It is very obvious this entire site is 1) bring back JB
      Not true – he had his day.

      >and 2) the obvious dislike of Gary.
      It’s not a dislike, Gary can be a nice guy. It’s just that he has this little tendency to ignore the boards direction, fail to implement membership resolutions, feather his nest with membership money, not be able to reconcile committee expense accounts, exercise his own form of censorship as the newsletter editor, not prepare regulatory filings properly, etc, etc, etc.

  6. jeremy permalink
    2012-03-23 17:48

    Are you his accountant?
    Even if the man has tax problems, what is the relevancy?

    • NAPPS Watcher permalink*
      2012-03-24 20:53

      Great question Jeremy. The persons best able to answer are Tom Bowman, Mr. Admin and Mr. Tamaroff. Tax issues matter greatly in NAPPS.

  7. PR Process permalink
    2012-03-23 23:46

    I’m not talking about allegations, I am talking about facts that have been submitted, forged affidavits of service bearing the name of Norman Yellon, and there are letters from the Secretary of State stating that Mr. Yellon is not a notary, and the affidavit from
    this process server saying, “I never signed these affidavits of service informing these people that they been called under the jurisdictions of the courts.” And the courts then subsequently render these default judgments and the default judgments are placed in the files of the Suffolk County Clerk, and then years later, when the people, unbeknownst to them, suddenly discover that a judgment has been lodged against them or their parent who has died, and they’re probating a will, or they’re going to sell their home, or whatever the situation might be, suddenly these things might pop up and there’s no longer the capability to defend themselves. Plus they find themselves
    as innocent victims who are alone facing the majesty of the court, and so on, whereas, if this were dealt with on the scale that it should be dealt with, where this is the kind of thing that should be prosecuted in terms of a mass prosecution, there is within the law the capability of bringing victims together and having them in a class action seek
    redress of their grievances. This is not being dealt with. And I’ve asked you, and please look at this document I handed you right now.

  8. PR Process permalink
    2012-03-23 23:46

    Now, if these men were just the result of sour grapes, if they lost the case and then they thought, well, maybe I can, you know, muddle things up and muddy the waters and so on and claim that I wasn’t served at all, but he has been threatened with criminal prosecution, he has been threatened with being jailed, he is threatened with being fined. His lawyer was threatened with disbarment because they continue to press the issue. Now, when somebody places themselves in further jeopardy in this matter, where there’s smoke there may well be fire. There may be, you know, legitimacy to their claims, but nobody seems to want to pay attention to it.

    And the point that I made last time I was here is that what happens is everybody appears to refer back to the District Attorney’s Office and the District Attorney’s Office unfortunately chooses to ignore their efforts. This gentleman is a former New York City Policeman, as he explained last time. He has gone to various police agencies seeking to file complaints because crimes have been perpetrated and he’s trying to get these criminals to be arrested and brought to Court and suffer the consequences of their criminal actions. Allegedly — not allegedly, but as a matter of fact, one of the main miscreants, a man named Yellon had been tried in Nassau County and had been slapped across the wrist. He is the gentleman who allegedly forged these notary — notarization of process service and so on, the affidavits of service. And instead of being prosecuted harshly, because what he did was he defrauded people, he fooled the courts. Etcetera and so forth.

  9. barb permalink
    2012-03-24 17:36

    PR Process are you a server? Doesn’t sound like it. I posted an earlier response before Jeremy posted but Nappswatcher didn’t like it evidently. Dropped by the say one sided dialog is for the birds and I am out of here.

    • NAPPS Watcher permalink*
      2012-03-24 21:03

      >Nappswatcher didn’t like it evidently.
      Nope – you just got caught in the spam filter. We try to go through the spam weekly.

  10. PR Process permalink
    2012-03-24 21:31

    Barb – No we PR Process, are a committee of 3rd year college students working on a paid intern program 2 law students, 2 political sciences students, 3 marketing students and 2 computer programmers. We are from California, Florida, New York and Illinois. We believe NAPPS is doable as does our benefactor.

    We find your comment about us not being a process server intriguing. Do you find many process servers general keep this stuff we quoted in our last two posts quiet like a blue code of silence in the police department? In fact, you are right, those posts were directly taken from the hearing regarding your current president of NAPPS Norman Yellon. Isn’t it a shame that people may not find out about what he had done for years yet we tell them too bad. Are all NAPPS members former notary frauds and sewer servers or only the ones elected to the board by the membership? Since the first premise is historically correct what say you about the second premise?

  11. PR Process permalink
    2012-03-25 00:32

    Barb – throughout history people who fought for truth were masked. TV popularized this with The Lone Ranger, Batman and Robin, The Green Hornet, Spiderman, Superman, Batwoman to name a few. Then there was actual historical pseudonyms such as Robin Hood, and Publius.

    As the original Publius argued in Federalist No. 1, “keeping one’s identity concealed can force readers to focus on the quality of your arguments, rather than on personalities. It’s harder to get ad hominem about a writer you can’t identify. So a pseudonym can serve a good purpose in public discourse.”

    You may be surprised to find the identity of posts you may agree with lest it was not from someone you disliked. But as we have recently been invited to and watched the interactions over on the SOPFL site we notice a trend. Individuals such as Jeff Bannister, Kristopher Nicholson, Randy Scott, Jeff Karotkin, Bob Musser, Norman Yellon, and many others seem to have persons taking positions for or against them based on the individual instead of the content of their post. It is politics preventing the movement toward good policy. If prior to evaluating thought you decide who it is from, then you too are part of the problem of assessing content based on the provider.

    It is politics that decides that the discretionary following of bylaws is paramount to good governance. Discretion that creates supremacy to law and bylaws and policy is improper, arbitrary and capricious. If we look at the proposed by law amendment by Mr John Perez it is revealed that a codification of this premise and practice will be voted on as proposed:

    “Section 5 6. (Renumbered & Amended) Unless otherwise provided by the Bylaws, Code of Ethics, or Policies established by the Board of Directors, Robert’s Rules of Order shall govern the conduct of all meetings.” This one replaces Robert Rules with boards discretion.

    “(NEW) Section 7. In the interpretation of any Bylaw, Code of Ethics, or Policy established by the Board of Directors, all such Bylaws, Codes of Ethics, or Policies shall be read in conjunction with each other as a harmonious whole, with separate parts being interpreted within the broader context in a manner that furthers their collective general purpose. ” This one replaces all rules with discretion of the board.

    This conflict of codifying practice that has already occurred without any authority is illegal. It shows the BOARD is aware with knowledge what they have done has been wrong. Instead of correcting their actions they decide to change the rule or law to meet their actions. Forward on it may be valid but prior to is open to challenge. The proper course of action is first to change the rule or practice before acting contrary to the existing ones. The board did this with the NY 100K donation, with charters that are not recognized by the IRS as non profit ,and with Jeff Bannisters expulsion. Non profit laws require internal rules to be followed and the 100K to NY could be voidable if not outright void and possibly criminal. There may be even greater variances that are unknown.

    We suppose this will be settled in court or investigations as the board has so requested as one of our committee members found was overheard in their discussions while in the adjoining room at the FAPPS conference.

    Pseudonyms may even keep some of the rhetoric down. One example is where some got into an emotional debate on SOPLF proposing to reveal each other their inappropriate body parts and stating boldly as inappropriate as it was that the opponent of the debate is “full of sh__”. So pseudonyms could have beneficial debate structure and avoid the emotions tied to personalities and prevent events such as the personal expulsion of an unmasked member and others expanding their chest and pounding it in defense of personalities without purpose. If “full of sh__” isn’t grounds for a NAPPS reprimand we wonder what is anymore? What rules would you choose, and to whom would you apply them in an expulsion hearing today Barb?

    In fact we conclude NAPPS problem is all personalities refusing to evaluate their positions for the common good because some on the board do not like those who inquire of them, and some that inquire of them only seek to destroy some individuals. Both are to blame for the quagmire that will turn to more damage to NAPPS. While a third group complains about the complainers and in our view are the worse of all. It is the silence of and by that group that has NAPPS where they are today.

    We see the admin of NAPPS watcher posted another document of the inner workings. Fred Blum cease and desist letter and we will not meet again to comment on that until next week. I hope you do not consider this flaming as we are in committee carefully considering the cause of proper debate.

  12. Super Man permalink
    2012-03-25 20:10

    Holy Cow Batman! NAPPS Watcher is being watched! Holy Cow so is all of Gotham City! How is this going to play out? Will good triumph over malevolence? This drama could go beyond Boston. Holy Cow!

  13. Robin permalink
    2012-03-26 16:33

    Super Man — we must protect the city and the nation from these supposed student activists. Have they breached the confidential vault with your spare cape. Are they part of the Nappswatcher team who has breached the internal confidential workings. The plot thickens.

  14. Super Man permalink
    2012-03-26 19:14

    Robin! Gasp! My spare cape has gone astray! I feel kryptonite is near. Can it be that the students are really a Trojan horse sent to lead towards evil ways? Were is the Green Hornet when we need him. Call Wonder Woman now!

  15. Robin permalink
    2012-03-27 00:06

    Super Man — Wonder Woman and Batman both plan to be in Boston. We will all meet and examine main hall. We must be careful and watch for signs of destruction of force field. Could be Trojan Horse is really Trojan Virus. Could it be virus set to multiply kryptonite and destruction of the group with full takeover. Listen for cell phone rings and look for beeping red lights in the hall of danger. Lone Ranger Where are You!!!

  16. Tonto permalink
    2012-03-27 13:53

    Kemo Sabe, Stop. The telegraph is down. Stop. Lone Ranger say split up. Stop. He tell Tonto go West. Stop. Lone Ranger go East. Stop. Lone Ranger taken hostage in the great hall by you know who. Stop. You know who want cougar for ransom. Stop. Cougar dangerous cat. Stop. Tonto say How? Stop. Cell service only way to communicate. Stop. Smoke signals out. Stop. How! Stop.

  17. Sengbe Pieh permalink
    2012-03-28 11:58

    Barb & Jeremy => Stockholm Syndrome <=.
    Wake up. :-) Time to think for yourselves, Kids.
    Subjective Rationalism makes for lazy brain cells.
    You can do it if you try.

  18. Lone Ranger permalink
    2012-03-28 12:10

    Lone Ranger bringing Tonto found cheap feed for silver. Warrior crow Tonto needed to intercept flaming microphones that may come behind. Silver good at spotting incognito visitors i.e. oh boy me heard Alamo will be well covered but such creatures.

    The NAPPS leadership make many promises to us, yet they keep only one: they promise to promote our membership, and then take the fruits by starting their own private companies and directing all business there, And now we bring ourselves to them, to be nursed back to health? Tonto, why?

    No one has greater cause than I to fill his heart with hatred for the NAPPS Man. He has taken my professionalism and represented my concerns with characters who have personally been indicted and convicted or their company has been mentioned as 50% stakeholders in committing fraud against the people of the TRUSTED NATION? Chief paleface is fighting against a proposal in New York that would allow the diversification of locations to serve secretary of state at all offices throughout NY. This would benefit many individual process servers in moving NAPPS away from benefiting of the few with pooling and consolidation agreements. SEE S.5533 / A.8455 Service of Process to Secretary of State

    But the Paleface I have brought here today is my brother, and I will guard his life with my own if it comes to such. If I am wrong about him – if he proves to be an enemy – then I, Tonto, will decorate my lance with this White Man’s hair. But until that day comes – UNLESS it comes – let him be judged not by his skin, but by his heart.

  19. Lone Ranger permalink
    2012-03-28 12:28

    With his faithful Indian companion, Tonto, the daring and resourceful masked rider of the plains led the fight for law and order in the early West. Return with us now to those thrilling days of yesteryear. The Lone Ranger rides again!

  20. Sengbe Pieh permalink
    2012-03-28 12:45

    Jim besm!

    Well-a well-a well-a huh
    Tell me more, tell me more, but you don’t gotta brag
    Tell me more, tell me more ‘Cause he sounds like a drag.

    Grease

  21. barb permalink
    2012-03-30 05:33

    While I was gone I see wacky tobacco filled the room. You all are nuts!!!!

  22. Mr. Clean permalink
    2012-03-31 16:32

    Yellon loses again. http://law.justia.com/cases/new-york/appellate-term-second-department/2012/2012-ny-slip-op-22062.html Can he catch a break? It does not look like it.

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