In my reply affidavit I asked the Trial Judge to limit the costs, especially because of the misrepresentations made during the appeal. Opposing Counsel made misleading statements that were not supported by the Record in her Brief to the Appellate Division on this appeal. In my Reply Brief, I noted those statements and brought them to the attention of the Appellate Court. Ms. Walsh responded, yes. Justice Pine then remarked, in what appeared to be annoyance, that she too felt the statements were not supported by the Record.
Justice does move in mysterious ways.
The Court did assign her fees, but I hope that conduct can be taken into account. Well, we, in error, did not have that in the record. And I admitted it, because it wasn't. I recall reading the decision in that regard. I make this effort to write to you in hopes you will take a fresh look at what happened here and take appropriate action.