Court Reverses Felony Assault Conviction

Full Case (PDF)

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF QUEENS PART JHOPT

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PEDRO BELLO, Index No: 20825/2008

Plaintiff,

MEMORANDUM DECISION

– against –

BEN Z. RASABI, 210 9W LLC and ANDRES FERREIRA,

Defendants.

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JOSEPH J. RISI, JUDICIAL HEARING OFFICER:

The issue to be resolved is whether the plaintiff’s signature on a “Surrender Agreement” and “Release” both dated June 13, 2005 were authentic or forgeries.

Upon all the credible evidence, this Court finds as follows:

That the notary had no specific recollection of notarizing the signatures on the “Surrender Agreement” or “Release”. He stated that if two signatures were to be notarized (Bello and Rasabi), both would have to be present before him. Rasabi’s secretary, Vivian Melendez who was present at the time of the notarization, states that Rasabi, whose signature was notarized, was not present at the time.

That the testimonies of Yolanda Acevedo and Madeline McHale placed Bello in Florida at the time the instruments were signed.

The Court gave considerable weight to the uncontradicted testimony of the forensic expert. In his expert opinion, he was . confident to the highest degree of certainty that the “Bello” signatures on both documents were not authentic.

That there was no incentive for Bello to relinquish his interest in the corporation as the “Surrender Agreement” still obligated him to be personally liable for $650,000 on his Promissory

/ Note to Krasdale Foods Inc., Alpha I. Marketing Corp. and Consolidated Supermarket Supply LLC. Bello was never aware or told that Rasabi’s sale to Ferreira would result in himself being released from his $650,000 personal obligation.

Considering all of the credible evidence, this Court finds that the plaintiff did not personally appear before the notary and did not sign the instruments in question.

The weight of the credible evidence places the plaintiff in Florida at the time the defendant alleges the documents were signed.

Accordingly the Court finds that the signatures of the plaintiff were forgeries and that the plaintiff did not surrender his interest in 210 9W LLC and this matter is assigned to a Trial Part in Supreme Court, Queens County to determine damages.

This constitutes the Decision and Order of this Court.

Dated: April 14, 2011