Once in a while an attorney comes along in family law that just won’t back down. In this case it is Tricia Lindsay, licensed in New York and Connecticut.
She has a case in Rockland County which is like so many high conflict divorce and custody cases where the parent with the money buys custody of their children. But in this case Lindsey made some serious waves.
From New City, Sarah Wallace, News 4 New York reported and there is hardly a word I can add to this distingiushed professionals reporting. She moves in for a checkmate and it is classic TV journalism.
Sarah Wallace: Divorce cases are notoriously messy, but we’ve learned that one here in Rockland County is now being scrutinized by the state commission on judicial conduct. That is the independent agency that reviews complaints about judges.
Wallace greets Tomas Fogarty, the father buying custody in the cash for kids Rockland County Family Couirt.
She says to him, “Mr. Fogarty, I just want to give you my card in case you do want to do an interview with us.”
Wallace: Thomas Fogarty repeatedly declined to talk to the I-Team at Rockland County Family Court about his contentious divorce and custody case involving his wife, Sai Malena Jimenez-Fogarty.
Sai Malena Jimenez-Fogarty: I’ve never been allowed to present my side.
Sai Malena Jimenez-Fogarty
Wallace: Jimenez-Fogarty claims in multiple court filings that she has been denied access to the couple’s marital assets, from their multi-million dollar concrete company, even to the couple’s home. Her belongings, she alleges, thrown in a dumpster. But the most painful part, she says, the court is limiting her to supervised visits with her two young children, 14 hours a week. It’s been that way for two and a half years.
Jimenez-Fogarty: In 2024, she (her daughter) wants power so she could see mom more and live with mom.
Sarah Wallace: Her apartment full of loving drawings and positive messages. Fogarty, an Irish immigrant who got his green card after he married his wife, filed for divorce after hiring one of the most powerful law firms in the region, Miller Ziederman. We have followed this case for months.
Foagrty got his green card thanks to Jimenez but dumped her once he was set.
Jimenez-Fogarty: I’ve never been found guilty of absolutely anything and yet I still have supervised visits.
Wallace: Jimenez Fogarty has filed formal complaints accusing Rockland Supreme Court Justice Sherri Eisenpress of improperly colluding with members of Miller Zeiderman (law firm). Partner Lisa Zeiderman hosted a political campaign fundraiser for the judge while she was presiding over the case and then there are donations from the law firm. One for $2,500 the day before Eisenpress issued an order giving Fogarty temporary sole custody.
Let’s party likes it 1999.
Jimenez-Fogarty: This is a billion dollar industry where the money spouse is able to basically buy custody of children. And it’s completely unethical and who suffers the most are the children. There’s absolutely no reason why I shouldn’t have access to my children.
Wallace: And there’s more. Eisenpress’s former law clerk, Siobhan O’Grady, here with the judge vacationing in the Dominican Republic is now a partner with Miller Zeiderman. The current lead counsel for Fogarty, Ashley Kersting, is also seen in multiple social media photos with Judge Eisenpress. She declined to comment after a recent court appearance.
Attorneys amf judges that “prey” together vacation together.
“Could you just tell me what your relationship is with the judge?” Wallace asks Fogarty’s attorney.
Wallace: The day after that fundraiser for Eisenpress in May of 2022, the judge recused herself from the case. But the legal battle continues and then is Fogarty’s attorney.
Jimenez Attorney (the above mentioned) Tricia Lindsay: She should not be subjected to supervised visits. There’s nothing on the record to say that she has been a danger to her children in any way, shape or form. So that custody order, that temporary custody order should have been vacated.
Attorney Tricia Lindsay
FR comment: It all becomes clear. Fogarty is buying custody from Judge Eisenpress through her friends the attorneys at Miller Zeiderman. Yes, she recused herself because Lindsay raised a row. But the damage has been done to the poor kids who lost their mother.
Wallace: Court filings show Fogarty listed his income at $500,000 a month. At one point, her bank balance negative $2.17.
Jimenez-Fogarty: I had zero income for 10 months, yet I was still expected to pay for 50% of the supervisor fee so I could see my children. I had to max out all of my credit cards. I had to ask friends to borrow money, which I’d never done in the past. I even had to go to the church pantry in order to get food.
Sarah Wallace: Now, Jimenez Fogarty says she has been told the Commission on Judicial Conduct is investigating her case.
Malena Jimenez-Fogarty: It gave me hope. I am hoping that they will remove her from the bench.
Sarah Wallace: We made several attempts to reach out to Judge Eisenpress and Miller Seiderman, but were unsuccessful.
FR comment: They will never speak to you thought at this point they are likely terrified. They are unquestionably working behind the scenes with the judicial committee to bury this investigation, which quite frankly is likely. The committee is well aware that they have been doing this for years, along with many other lawyers in family court. They are aware that kids are sold in famnily court. But it is not often that they are caught in their racketeering conspircy. Great work Sarah Wallace and Tricia Lindsay and of course Malena Jimenez-Fogarty whose children were sold to the father much to her chagrin, and despair and her children’s longterm detriment.
As for Judge Eisenpress, we will look for you in Jamaica. Perhaps when the hurricane comes.
