Tony Ping Yew, as Executor of the Estate of John Y. Wei v. Matthew J. Platkin, Attorney General of New Jersey, et al.
DueProcess JusticiabilityDoctri
Whether the Third Circuit have any jurisdictional power to rule to begin with; and even if the lower courts have jurisdictional power, Whether it is very short lived and should have voluntarily terminate and divest itself from further adjudicative action upon noticed of the state tax judge own admission of 'inadvertence', where on the face of it, the State Tax Court summary judgment Order may have been a void judgment following judge Brennan own admission of inadvertence and in particular, Whether her persistent refusal to vacate her Order while Petitioner was unrepresented make her Order inherently void
question presented is: Whether the Third Circuit have any jurisdictional power to rule to begin with; . and even if the lower courts have jurisdictional power, Whether it is very short lived and should have voluntarily terminate and divest itself from further adjudicative action upon noticed of the state tax judge own admission of ‘inadvertence’, where on the face of it, the State Tax Court summary judgment Order may have been a void judgment following judge Brennan own admission of inadvertence and in particular, Whether her persistent refusal to vacate her Order while Petitioner was unrepresented make her Order inherently void. 2. Whether the Third Circuit made an overly broad interpretation of Rooker-Feldman doctrine, misread Petitioner pleading, to meet the four elements of Rooker-Feldman to affirm the District Court opinion and also whether ‘affirmance’ without squarely addressing the District Court ruling do not technically meet the definition of ‘affirmance’. (Pet. App. B 3a-6a) 3. Whether the District Court dismissal which was apparently based solely on the necessary caption to identify Defendants (Defendants Attorney General of the State of New J ersey (the “Attorney General”), and the Honorable Mary Siobhan Brennan’s (“Judge Brennan”) for the purpose of initiating the Complaint, was only procedural based, and without addressing Petitioner merits argument “no monetary damage was claimed from the state judge and the state“ whether this manner of dismissal was inconsistent with the provision of the judicial and sovereign immunity case law. (Pet. App. C 7a-10a). 4. Whether the en banc rules should be changed to exclude the original three judge panel from voting, and if yes, whether it could have result in grant of en banc rehearing to Petitioner. iv PARTIES TO PROCEEDING . Tony Ping Yew, Executor Of Estate Of John Y Wei, v. Attorney General State Of New Jersey; Hon. Mary Siobhan Brennan, J.T.C., No. 23-2069, United States District Court District Of New Jersey. Letter Order October 18, 2023.; | Tony Ping Yew, Executor Of Estate Of John Y Wei, v. Attorney General State Of New Jersey; Hon. Mary Siobhan Brennan, J.T.C., No. 23-3005, United States Court Of Appeals For The Third Circuit. Opinion filed: March 21, 2024.; Tony Ping Yew, Executor Of Estate Of John Y Wei, v. Attorney General State Of ; New Jersey; Hon. Mary Siobhan Brennan, J.T.C., No. 23-3005, United States Court Of Appeals For The Third Circuit. Petition for rehearing by the Court en banc is denied. Entered April 18, 2024. LIST OF PROCEEDINGS BELOW 1. Tony Ping Yew, Plaintiff, v. Director, Division Of Taxation, Defendant. Docket No. 008858-2019. Petitioner Complaint was dismissed by Summary Judgment Order on 06/19/2020. (Pet. App. D 11a-18a). ; : 2. Petitioner Motion For Reconsideration refused for consideration by state tax court on 07/08/2020. (Pet. App. E 19a-20a). : 3. Petitioner Motion For Recusal refused for consideration by state tax court on 02/07/2022. et. App. F 21a-22a). 4, Tony Ping Yew, Executor Of Estate Of John Y Wei, v. Attorney General State ; Of New Jersey; Hon. Mary Siobhan Brennan, J.T.C., No. 23-2069, United States District Court District Of New Jersey. Letter Order October 18, 2023. . (Pet. App. C 7a-10a). 5. Tony Ping Yew, Executor Of Estate Of John Y Wei, v. Attorney General State Of New Jersey; Hon. Mary Siobhan Brennan, J.T.C., No. 23-3005, United States Court Of Appeals For The Third Circuit. Opinion filed: March 21, 2024. (Pet. App. B 3a-6a). : 6. Tony Ping Yew, Executor Of Estate Of John Y Wei, v. Attorney General State Of New Jersey; Hon. Mary Siobhan Brennan, J.T.C., No. 23-3005, United States Court Of Appeals For The Third Circuit. Petition for rehearing by the Court en banc is denied. Entered April 18, 2024. (Pet. App. A 1la-2a). | .