controverted issue of misconduct based upon what he does not submit to this Court (see
S.J. Capelin Assoc. v Globe Mfg. Corp., 34 NY2d 338, 342 [1974] [the plaintiff did not
raise issue of fact where affidavit merely stated bald, conclusory assertions and there
was no claim that facts were not within the plaintiff’s control]; see also Primiano Elec.
Co. v HTS-NY, LLC, 173 AD3d 620, 622 [1st Dept 2019] [the defendant failed to raise an
issue of fact by relying on the contents of an expert report which was, in turn, based on
an unsubmitted report of a third-party’s opinion]). Nor will offers to provide
information at a later time, or only if the Court requests it, suffice.
Instances of Attorney Misconduct
In making this motion, the AGC primarily relies on claims that respondent made
false and misleading factual statements to cast doubt on the reliability of the results of
the 2020 presidential election, in which Joseph R. Biden was constitutionally certified
and then inaugurated as the 46th President of the United States. We find that the
following false statements made by respondent constitute uncontroverted proof of
respondent’s professional misconduct.
Respondent repeatedly stated that in the Commonwealth of Pennsylvania more
absentee ballots came in during the election than were sent out before the election. The
factual “proof” he claimed supported his conclusion was that although Pennsylvania
sent out only 1,823,148 absentee ballots before the election, 2,589,242 million absentee
private attorney seemingly unconnected to law enforcement he would have access to a
“confidential informant” that we cannot also have access to. At yet another point
respondent claims he relies on a Trump attorney who chooses not to be identified
(Giuliani affidavit ¶43). Respondent also refers to hundreds of witnesses, experts, and
investigative reports, none of which have been provided or identified (Giuliani affidavit
¶14) and an Excel spreadsheet, also not provided, purportedly listing the names of
thousands of deceased voters who allegedly cast ballots in Michigan (Giuliani affidavit
¶51).
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