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In Re James R. Caputo

IFP petition


Pending

Question presented

Question 1: How is the Monroe County, NY Supreme Court legally permitted to: 1) undermine its own citation of controlling case law; 2) contradict its own factual determinations; 3) cite zero supporting evidence; and 4) completely ignore the American Bar Association standards, the extensive opposing legal argument and the material proof from Plaintiff, when reaching the unsubstantiated legal conclusion that an attorney-client relationship did not exist between Petitioner and the Respondents on the date of negligence in this legal malpractice lawsuit? Question 2: How is the New York Appellate Division: Fourth Department permitted to remain silent on the issue of attorney-client relationship in this legal malpractice lawsuit after: 1) the trial court manifestly evaded the evidence presented by Petitioner which unmistakably established this attorney-client relationship (and duty) on the date of negligence; and 2) the Appellate Division was specifically petitioned to answer what the lower court ignored after presenting five independently incontestable proofs confirming the existence of this pivotal fact?

Counsel of record

For petitioner
James R. Caputo

For respondent
Tara J. Sciortino
Barclay Damon LLP

Case

Conference history

Proceedings

  1. Aug 08 2026
    Waiver of right of respondent Richard S. Tubiolo, Esq., et al. to respond filed.
  2. Jul 14 2026
    Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due September 2, 2026)