AUTHORíS NOTE: I understand after Mr. Warren Wellington received a great deal of money from the US Federal Government and their Jewish allies, who control almost all of the banks in America, for violating my civil rights, that Warren decided to take a nice vacation down in sunny Florida. While he was down there, SOMEONE SHOT HIM. I also understand that right after this happened, there was an episode of CSI Miami where this guy by the name of Warren from New York decided to take a vacation in sunny Miami, and while he was down there, SOMEONE SHOT HIM.
Niagra County Sherrif's Office - Docket #SD-01-2049
Lockport City Court - Docket #C11659
Niagra County Court - Docket #109041
Warren F. Wellington††††††† ††††††††††††††††††††††† ††††††††††††††††††††††† ††††††††††††††††††††††† ††††††††††† Plaintiff
690 Walnut St.
Lockport, NY 14094
Robert Christopher Kettenburg†††††† ††††††††††††††††††††††† ††††††††††††††††††††††† ††††††††††† Defendant
1 Harvey Ave. #1
Lockport, NY 14094
NOTICE OF APPEAL
††††††††††† 1.) The plaintiff in this case has perpetrated a fraud upon this Court by intentionally claiming the defendant owes $308.69 for gas and electric consumed during the months of March, April, and May, 2001, as stated in the plaintiff's petition to recover possession of said property, namely, 1 Harvey Avenue, Apartment #1, Lockport, New York. The defendant points to section two of this agreement: "Apartment #1 - 33% of NYSEG bill (gas portion only)." Additionally, by having three apartments at said address all hooked up to the same gas meter, the plaintiff has committed an illegality.
††††††††††† 2.) That according to:
††††††††††† New York State Real Property Law, Chapter 52, Article 7, Sec. 235: Wilful violations:
††††††††††† "Any lessor, agent, manager, superintendent or janitor of any building, or part thereof, the lease or rental agreement whereof by its terms, expressed or implied, requires the furnishing of hot or cold water, heat, light, power, elevator service, telephone service or any other service or facility to any occupant of said building, who wilfully or intentionally fails to furnish such water, heat, light, power, elevator service, telephone service or other service or facility at any time when the same are necessary to the proper or customary use of such building, or part thereof, or any lessor, agent, manager, superintendent or janitor who wilfully and intentionally interferes with the quiet enjoyment of the leased premises by such occupant, is guilty of a violation. Any lessor, agent, manager, superintendent or janitor of any building, or part therof, who wilfully or intentionally acts to prevent or obstruct the delivery of fuel oil ordered in compliance with either section three hundred two-c of the multiple dwelling law or section three hundred five-c of the multiple residence law or the refiring of an oil burner after such a delivery shall be guilty of a violation."
††††††††††† New York State Real Property Law, Chapter 52, Article 7, Sec. 235-b: Warranty of habitability:
††††††††††† "In every written or oral lease or rental agreement for residential premises the landlord or lessor shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. When any such condition has been caused by the misconduct of the tenant or lessee or persons under his direction or control, it shall not constitute a breach of such covenants and warranties."
the defendant in this case maintains he was intentionally denied heat during the months of February and March, 2001, and that the plaintiff is guilty of both stated violations. According to a thermometer in the defendant's dwelling, the temperature vacillated between 43-50 degrees Fahrenheit all winter long. The defendant repeatedly complained to the plaintiff to turn up his heat without avail. Typically the plaintiff would stop by the defendant's dwelling and turn up the heat for twenty minutes, and then turn it back down right before leaving, intentionally leaving the defendant to freeze. The defendant, wearing two pairs of pants, two t-shirts, and a long sleeve shirt, literally froze all winter long. The defendant's cat of 6 six years became ill and could not hold down any food all winter long because the plaintiff intentionally let the defendant freeze in his apartment.†
††††††††††† Additionally, the plaintiff in said case used the opportunity of a freezing tenant to sexually harrass the defendant. Once while stopping by to prove that it was not cold in the defendant's apartment, the plaintiff took the face plate off of the upstairs thermostat and entered the defendant's dwelling with it. The face plate read 68 degrees while the defendant's thermostat read 43-50 degrees. When confronted by this, the plaintiff stated that he didn't care what the defendant's thermometer read. While upstairs in the defendant's dwelling with the face plate, the plaintiff sexually harrassed the defendant repeatedly, saying things like, "I want some of that" and made repeated references of wanting to take the defendant's temperature. The defendant infers from this incident that the plaintiff intentionally made the defendant's dwelling cold so he could use it as an excuse to sexually harrass the defendant, and that, in the defendant's opinion, the plaintiff is a sexual predator, using his position as landlord to prey upon his tenants.
††††††††††† Towards the end of winter, late March/early April, 2001, the defendant discovered that the heating mechanism for his apartment was located in an upstairs hallway that leads to another apartment, rarely frequented by the defendant. There on the wall was the same thermostat face plate previosly mentioned. The defendant wants the Court to know that the plaintiff constructed a wooden box around the thermostat face plate, with a slot cut in it, so the temperature, according to the face plate, would not rise above 68 degrees; making the temperature 43-50 degrees in the defendant's apartment, depending upon the temperature outside. The defendant used a screw driver to loosen the wooden box from the thermostat face plate, and turned the temperature up approximately 20 degrees, so the face plate now registered in the 80s. This raised the temperature in the defendant's apartment approximately 20 degrees according to the defendant's thermostat, but the face plate used by the plaintiff earlier to prove his point only rose two or three degrees, to 70 or 71 degrees. Therefore, the plaintiff's thermostat is inaccurate, which is probably intentional. When the plaintiff discovered what the defendant had done, he rudely warned the defendant not to touch the upstairs thermostat. The defendant would not comply. The plaintiff then threatened the defendant with physical violence, in the defendant's own dwelling, should he turn the heat back up. Again, the defendant would not comply and the plaintiff finally left the defendant's dwelling.
††††††††††† 3.) The defendant asks the Court to deny the plaintiff's petition to recover said property. The defendant has paid the plaintiff for February and March, 2001, rent, and an additional security deposit equivalent to one month's rent. The defendant asks The Court to put said security deposit towards April, 2001, rent, and that the plaintiff forfeit May and June, 2001, rent, for failure to provide heat to the defendant during the months of February and March, 2001. The defendant asks The Court to forfeit an additional third months rent, July, 2001, for the plaintiff, in exchange for the time the defendant has had to prepair his legal defense (pro se) and because the plaintiff sexually harassed the defendant in his own dwelling and threatened the defendant with physical violence in the defendant's dwelling merely for turning his heat up to 68 degrees.
††††††††††† I certify that a copy of this appeal was mailed to the plaintiff on June 21, 2001, using normal mail delivery.
Robert Christopher Kettenburg Pro Se
1 Harvey Ave. #1
Lockport, New York 14094