Lippes Mathias Wexler Friedman LLP
and
Sheehan Greene Golderman & Jacques

  List of litigation clients A-R

2022aug29



  Anonymous:
anonymous clients represented in cases in JCP
(New York State
JUCTICE CENTER for the PROTECTION
of People with Special Needs)

JCP is part of the state government.  
  Ashby:  KEVIN ASHBY
  Blais:  RICHARD R. BLAIS
  Class

Class action attempts in federal court

  Pension appeal case

  Union clients

  NYSCOPBA
  DONN ROWE (PRESIDENT OF NYSCOPBA)

  proposed class representatives

  DIANE DAVIS
  DAVID L. FAILE
  LOUIS GIAMPAGLIA
  ART W. JOLLEY
  AL MOTHERSHED
  WILLIAM J. WEST





  Solitary confinement case in trial court

  NYSCOPBA
  THOMAS HANNAH
  CHLOE HAYES
  ERIK MESUNAS
  KERRI  MONTGOMERY
  SARAH TOMPKINS
  ALEXANDER VOITSEKHOVSKI


  Cowen:  TIMOTHY COWEN and NYSCOPBA
  Hannigan:  CHARLES HANNIGAN
  Hanse and other members of the
Board of Trustees of the Village of Coxsackie

 STEPHEN HANSE
 KENNETH MANNION
 JOHN OLIVER, 

  Hansen:  RONALD HANSEN
  Ichabod:  Ichabod Crane Registered Nurses Association
  Johnson and other retired C.O.s

  Lyndon S. JOHNSON
  David Bowhall
  Morris A. Darling
  Leonard Davidow
  Larry Rivenburg

  Kaler:  TERRY P. KALER
  Levy:  JEFFREY H. LEVY and other parole officers
  Malinowski and Powers:  KEITH A. MALINOWSKI and MICHAEL POWERS
  McPhillips:  RICHARD MCPHILLIPS and NYSCOPBA
  NORDE:  Pedro A. Norde
  NYSCOPBA


 





  Names of A-R clients and brief descriptions of their cases


  Anonymous:
anonymous clients represented in cases in
JCP (New York State JUSTICE CENTER for the PROTECTION of People with Special Needs)

  Introduction

2022mar14

Lippes Mathias firm represented clients
in cases handled by JCP.
The JCP web site provides PDF files
each of which pertains to one case.

The PDF files expurgate much information
(for example, the names of the government employees,
where the events happened,
and the case numbers).
In the PDFs, the expurgated text is shown by a black region.
Below, we use "XXX" where the PDF file
has a black region.

Because of extensive expurgation,
we (this web site) don't know well the facts which led to these cases.

Each PDF file has a short name.

JCP cases are described below:

  2016-153.pdf
November 2016
  2017-055.pdf
decided March 20, 2017
  2017-057.pdf
March 2017
  2017-129.pdf
June 2017
  2018-160.pdf
November 2018


  Coligan:  Lippes attorney Sarah Michelle Coligan

We know of one JCP case.
Name of case's PDF file:   2017-057.pdf

government attorney
Robert DeCataldo, Esq.
New York State Justice Center for the
Protection of People with Special Needs
161 Delaware Avenue
Delmar, New York 12054-1310

ALJ hears and recommends.
Then, there is a decision.

hearing 6 March 2017
JCP hearing at
9 Bond Street – 3rd Floor
Brooklyn, New York 11201
(We guess that the accused employee
lives or works in or near Brooklyn.)


Keely D. Parr, ALJ
recommended a decision.
David Molik then decided on 20 March 2017. 

Decision:
The request of XXX
 is granted.
The Subject  (the accused employee,
the Lippes client) 
has not been shown by a preponderance
of the evidence to have
committed physical abuse.


The Lippes client won.


  Hannigan:  Lippes attorney Emily Grace Hannigan

  Justice Center 2017-055.pdf

We don't know the case number.
Perhaps it is Justice Center case number 2017-055.

The case is described in a PDF file which JCP seems to call 2017-055.pdf.
Click the picture below to read that file.



  Events before and during the case

Events in 2017
ALJ Nasci recommended on 10 March.
Director Malik decided on 20 March.

prosecutor
Thomas Parisi, Esq.
New York State Justice Center for the
Protection of People with Special Needs
161 Delaware Avenue
Delmar, New York 12054-1310

There may have been a hearing at:
New York State Office Building
44 Hawley Street, Room 1701
Binghamton, New York 13901.

There seem to have been three defendants,
all employees of NYS OPWDD.
    New York State Office for People
    With Developmental Disabilities
The defendants are called "subjects."
They were accused of category 2 neglect
which supposedly caused brain injury to a woman
in a wheelchair.

Hannigan represented at least one one of the defendants.

There may have been another defense lawyer.
	Elizabeth A. Sopinski, Esq.
	Levene Gouldin & Thompson, LLP
	P.O. Box F-1706
	Binghamton, New York 13902

Binghamton is where the ALJ hearing
seems to have been
and where the Levene law firm seems to be. 

Sopinski may have represented
at least one of the defendants.

Was any defendant represented by
both Sopinski and Hannigan?
We guess that both attorneys represented all defendants.

Who paid the Levene law firm?
We guess that the Lippes firm paid.

We think that none of the defendants
were at the hearing
handled by the ALJ.

In the PDF file, Sopinski's name is higher than Hannigan's name.
Why?
Is that a coincidence?

Was Hannigan at the hearing
handled by the ALJ?

It is difficult to understand the
report because many facts seem to be blacked out,
some crucial facts are not stated,
and some, crucial facts are stated ambiguously. 

  Outcome

All defendants won.



   Schaefer:  Lippes attorney Lawrence Henry Schaefer

  2016-153.pdf

The hearing seems to have been in Rochester:
New York State Justice Center
for the Protection of People with Special Needs
2165 Brighton
   Henrietta Town Line Road
Rochester, New York 14623

Perhaps the accused employee
("Subject" of the case,
client of Lippes)
works or lives in or near Rochester.


Nasci recommended a decision.
Then Molik decided.

Nasci recommended  on 21 November 2016
Schenectady, New York
Hohn T. Nasci, ALJ

decision by David Molik
Director of the Administrative Hearings Unit
29 November 2016 Schenectady, New York

Decision
     The request of XXX,
as it pertains to Allegation 2,
is granted.
The Subject has not been shown by a preponderance of the evidence
to have committed neglect.
     The request of XXX,
as it pertains to Allegation 3,
is denied.
The Subject has been shown by a preponderance of the evidence
to have committed abuse (deliberate inappropriate use of restraints).
The substantiated report is properly categorized,
as a Category 3 act.


Perhaps a poorly behaving female,
70 years old,
living in a
mental health treatment hospital,
was deliberately, wrongly restrained
by a registered nurse..


It seems to us (this web site)
that the client (Subject, employee)
won on an accusation of
negligent misconduct
 ("granted") 
but lost on an accusation of
deliberate misconduct ("denied").

  2017-129.pdf

  The case

Lippes Mathias attorney
Lawrence H. Schaefer, Esq.

JCP attorney
Kristin Kopach, Esq.
New York State Justice Center
for the Protection of People with Special Needs
161 Delaware Avenue
Delmar, New York 12054-1310

hearing at
New York State Office Building 207
Genesee Street, Room 103D
Utica, New York 13501

recommendation by
John T. Nasci, ALJ
21 June 2017 Schenectady, New York

decided by David Molik
27 June 2017 Schenectady, New York

Accusation
The Subject allegedly committed
abuse (deliberate inappropriate use of restraints)
when he conducted an unwarranted
restraint with excessive force
and improper technique, which
included deflecting and/or pushing a
service recipient’s
  wheelchair onto him
and causing him to fall to the floor.

CASE OUTCOME
The client won.

  Background according to the PDF file

The events occurred in
a psychiatric treatment hospital that provides
psychiatric treatment
for inmates who are incarcerated
in New York State correctional facilities.

The hospital is operated by
the New York State Office of Mental Health (OMH).

The Subject was employed by
the XXX as a Secure Hospital Treatment Assistant (SHTA).

The Service Recipient was an adult male
approximately sixty years old.


  2018-160.pdf

Lawrence H. Schaefer, Esq.

government attorney
Thomas Parisi, Esq.
New York State Justice Center for
the Protection of People with Special Needs
161 Delaware Avenue
Dehnar, New York 12054-1310

First there is a hearing, then a recommendation,,
then a decision.

hearing at
Administrative Hearings Unit
New York State Justice Center for
the Protection of People with Special Needs
40I State Street
Schenectady, NY 12305

recommendation
6 December 2018
John T. Nasci, ALJ
27 November 2018 Schenectady, New York
The recommendation was:
     Allegation 1
     The request of XXX,
about Allegation 1,
is denied.
The Subject has been shown by a
preponderance of the evidence to have committed
abuse (deliberate inappropriate use of restraints)
and neglect.
The substantiated report is properly
categorized, as a Category 2 act.
     Allegation 2
     The request of XXX,
about allegation 2,
is granted. The Subject has not been shown by a preponderance
of the evidence to have committed
abuse (obstruction of reports of reportable incident).

decision by Elizabeth
 M. Devane
6 December 2018
The recommendation is adopted.

CASE OUTCONE
The client lost on allegation 1
but won on allegation 2.








  Kevin Ashby

  Supreme Court Case

Decided and Entered:  April 11, 2013

In the Matter of
NEW YORK STATE CORRECTIONAL OFFICERS AND
POLICE BENEVOLENT ASSOCIATION, INC., et al.,
Appellants,
v
GOVERNOR'S OFFICE OF EMPLOYEE
RELATIONS et al.,
Respondents.
(And Another Related Proceeding.)

515409     515410

MEMORANDUM AND ORDER

State of New York Supreme Court,
Appellate Division
Third Judicial Department

Calendar Date:  February 8, 2013

Sheehan, Greene, Golderman & Jacques, LLP, Albany
(Erin N. Walsh of counsel), for appellants.

Eric T. Schneiderman, Attorney General, Albany (Robert M. Goldfarb of counsel), for respondents.

515409     515410

Petitioner Kevin Ashby
correction sergeant
Department of Corrections and Community Supervision
Butler Alcohol and Substance Abuse Correctional Treatment Center
Town of Butler, Wayne County

 Walsh seems to have represented
correction sergeant Kevin Ashby
and NYSCOPBA.






  Blais:  RICHARD R. BLAIS

  Court
teacher's retirement

Matter of Blais v New York State Teachers' Retirement Sys.
2009 NY Slip Op 09102 [68 AD3d 1266]
December 10, 2009
Appellate Division, Third Department
Published by New York State Law Reporting Bureau
As corrected through Wednesday, February 10, 2010

In the Matter of
Richard R. Blais, Respondent-Appellant,
v
New York State Teachers' Retirement System,
Appellant-Respondent.

Sheehan, Greene, Carraway, Golderman & Jacques, L.L.P., Albany
(Thomas D. Latin of counsel)
for respondent-appellant

whether petitioner was employed as a teacher in the public school system
from 1997 to 2003


 General

Richard R Blais
18 Tekakwitha Ct [Crescent]
Clifton Park, NY  12065
(518) 371-2549

Notice that Richard Blais seems to have had an address at 18 Tekakwitha.
His attorney, Thomas Latin, seems to have had an address at number 21.
(See our section of Ltin, above.)
Why did Latin represent Blais?
Did Blais choose Latin partly because Latin was a neighbor?

birth date
RICHARD R BLAIS 1947-02-23 Clifton Park NY
RICHARD R BLAIS born 1947-02-23
lived in Saratoga Springs NY

RICHARD R. BLAIS
Project Lead The Way
747 Pierce Road
Clifton Park, NY 12065
www.global2000.net/pltw

  Radaris

Richard R Blais, 66 [in 2013, born ~1947]
Clifton Park, NY

Lived in:
Clifton Park, NY
Schaghticoke, NY
Saratoga Springs, NY
Saratoga Spgs (Spgs=Springs?), NY

Related to:

...

Experience

Current:
	Vice President of State and Corporate Relations
	at Project Lead The Way, Inc.
Project lead the way, inc.
Position:
	Vice president of state and corporate relations
Currently holds this position

Industries
Nonprofit organization management

...

Addresses & Phones

  18 Tekakwitha, Clifton Park, NY 12065
(518) 371-2549

  17 Gloucester St, Clifton Park, NY 12065

  240 Casey, Schaghticoke, NY 12154
(518) 753-6353
[Patricia Omara-Nordby
(518) 753-6353
261 Austin Rd
Johnsonville, NY 12094
Carrier: Landline from Verizon New York, Inc.]

  36 Preakness Way, Saratoga Springs, NY 12866
(518) 587-7137
[518-587-7137
BOBBETT, SUSAN
36 PREAKNESS WAY, SARATOGA SPRINGS, NY 12866
Susan Bobbett]



...

Linkedin

  LocateFamily
Schenectady
36 Sanders Avenue
Richard Blais
518-381-8883

Schenectady
1928 Guilderland Avenue
Richard Blais
518-952-7457






  Class:  class action cases



  Introduction

The Lippes firm started a class action case in federal,
trial court about pensions.
Schaefer handled it.
Judge D'Agosttino decided it.
Lippes lost and appealed.
The Lippes firm started a class action case in federal,
trial court about solitary confinement.
Hannigan and Myers handled it.
The judge transferred the case to D'Agostino, who decided it.
Lippes lost.  We think that Lippes appealed.
The appeal court decided the pension appeal against Lippes.
 

  Pension class

Class action cases in federal courts
(trial court and appeal court) about pensions


  Introduction

2022aug20

NYSCOPBA and some people attempted a class
action case in federal, trial court in Albany (NDNY).
That case was about pensions.
Judge D'Agostino decided against them by summary judgement.
The NYSCOPBA plaintiffs lost.
They appealed to the federal, appeal court in Manhattan (2nd Circuit).
They lost.
The appeal court decided against the NYSCOPBA
appellants by summary order.

Incide tally, D'Agostino also decided NYCOPBA's class
action case in trial court about solitary confinement.

  Appeal case

main source
casetext.com


United States Court of Appeals, Second Circuit

Date published
27 Jul 2022

18-3151-cv 
2d Cir.
27 July 22022

NEW YORK STATE CORRECTIONAL
OFFICERS & POLICE BENEVOLENT ASSOCIATION, INC.,
DONN ROWE, INDIVIDUALLY, AND AS PRESIDENT OF THE
NEW YORK STATE CORRECTIONAL OFFICERS & POLICE
BENEVOLENT ASSOCIATION, INC.,
AL MOTHERSHED, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARY SITUATED,
ART W. JOLLEY,
ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARY SITUATED,
LOUIS GIAMPAGLIA,
ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARY SITUATED,
DAVID L. FAILE,
ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARY SITUATED,
WILLIAM J. WEST,
ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARY SITUATED,
DIANE DAVIS,
Plaintiffs-Appellants,
v.
KATHLEEN C. HOCHUL,
IN HER OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF NEW YORK,
PATRICIA A. HITE,
INDIVIDUALLY,
REBECCA A. CORSO,
IN HER OFFICIAL CAPACITY AS ACTING COMMISSIONER,
NEW YORK STATE CIVIL SERVICE DEPARTMENT,
CAROLINE W. AHL,
IN HER OFFICIAL CAPACITY AS COMMISSIONER OF THE NEW YORK STATE CIVIL SERVICE COMMISSION,
LANI V. JONES,
IN HER OFFICIAL CAPACITY AS COMMISSIONER OF THE NEW YORK STATE CIVIL SERVICE COMMISSION,
ROBERT L. MEGNA,
INDIVIDUALLY,
ROBERT F. MUJICA, JR.
IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE NEW YORK STATE DIVISION OF THE BUDGET,
THOMAS P. DINAPOLI,
IN HIS OFFICIAL CAPACITY AS COMPTROLLER OF THE STATE OF NEW YORK,
Defendants-Appellees


FOR PLAINTIFFS-APPELLANTS:
LAWRENCE H. SCHAEFER, 
LIPPES MATHIAS LLP, ALBANY, NY. 

FOR DEFENDANTS-APPELLEES:
FREDERICK A. BRODIE, ASSISTANT SOLICITOR GENERAL
(BARBARA D. UNDERWOOD, SOLICITOR GENERAL, ANDREA OSER, DEPUTY SOLICITOR GENERAL, ON THE BRIEF),
FOR LETITIA JAMES, ATTORNEY GENERAL, STATE OF NEW YORK, ALBANY, NY.


UNPUBLISHED OPINION

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT.


Judge Peter W. Hall died.
The two remaining members of the panel,
who agree with each other,
authorized the issuance of this Summary Order.

Appeal from the United States District Court for the
Northern District of New York (Mae A. D'Agostino, Judge).


Appeal court judges present
JON O. NEWMAN, GERARD E. LYNCH,
CIRCUIT JUDGES.

UPON DUE CONSIDERATION,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED
that the judgment of the district court is AFFIRMED.

The NYSCOPBA plaintiffs
appeal the judgment of the United States District Court for the Northern District of New York.
Mae A. D'Agostino
granting summary judgment to Defendants-Appellees,
("the State")
on all claims in this contractual and constitutional dispute
growing out of the State's 2011 decision to alter its rates of contribution to retired former employees' health insurance plans.

  Lippes clients in the appeal case

  union clients

  NYSCOPBA
  DONN ROWE (PRESIDENT OF NYSCOPBA)

  proposed class representatives

We provide retirement info about each of the
proposed, class representatives.  We got the info on 20 August 2022 from
seethroughny.net web site.  The info was true in 2021.

In that year, the NYS Employees Retirement System paid all of them.

  DIANE DAVIS

Retired 8/1/2011
Davis, Diane
Downstate C.F. prison
$57,953

  DAVID L. FAILE

Retired 6/27/2008
Faile, David
Mt Mcgregor C.F. prison
$41,803

  LOUIS GIAMPAGLIA

Retired 10/26/2007
Giampaglia, Louis 	Greene C.F. prison 	$28,901

  ART W. JOLLEY

Retired 1/28/2010
Jolley, Art
Bare Hill C.F. prison
$41,868

  AL MOTHERSHED

Retired 6/29/2012
Mothershed, Alfred
Livingston C.F. prison
$35,896

  WILLIAM J. WEST

Retired 8/10/2002
West, William 	Wallkill C.F. prison 	$29,344






  Results of appeal case

NY state government defeated NYSCOPBA.

Solicitor General's
FREDERICK A. BRODIE and ANDREA OSER
defeated
Lippes's LAWRENCE HENTY SCHAEFER.

The employer defeated the union.

The appellee-defendants defeated the appellant-plaintiffs.



  Solitary confinement class

Class action case in federal court
against HALT Solitary



  Introduction

2022jun16

The Lippes firm represented several clients
who started a case
in the federal trial court in Albany (NDNY)
on 7 May 2021.
Lippes tried to have a class action against the
government of New York State.
The main purpose seems to have been to get the court to
outlaw HALT Solitary.
HALT Solitary is a state law against long-term,
solitary confinement of prisoners.
   
  Lippes Clients

2022jun18

main sources
   Names of clients from Justia
   Other info (e.g., job titles) from seethroughny.met
  

  NYSCOPBA

  THOMAS HANNAH

Hannah, Thomas E
DoCCS  $182,056
Southport Correctional Facility
Corr Sergeant
Annual Base  $95,492
2021

  CHLOE HAYES

Hayes, Chloe A
DoCCS   $68,093
Greene Correctional Facility
Corr Officer
Annual Base $59,161
2021

  ERIK MESUNAS

Mesunas, Erik C
DoCCS 	$131,403 	Clinton Correctional Facility
Corr Officer
Annual Base  $82,310
2021

  KERRI  MONTGOMERY

Montgomery, Kerri S 	DpCCS   $101,910 	Coxsackie Correctional Fac
 Corr Sergeant
Annual Base $83,927
2021

  SARAH TOMPKINS

Tompkins, Sarah L 	DoCCS 	$79,956
Green Haven Correctional Fac
Corr Officer
Annual Base $74,191
2021

  ALEXANDER VOITSEKHOVSKI

Voitsekhovski, Alexander
DoCCS 	$34,049
Coxsackie Correctional Fac
Corr Officer
annual base $63,265
2021



  Federal court case

main source:  Justia

NYSCOPBA et al
v. 
Cuomo et al

Case Number
  1:2021cv00535

Filed
May 7, 2021

Court
US District Court for the Northern District
of New York

Presiding Judge
   Mae A. D'Agostino
Referring Judge
   Christian F Hummel
Hummel referred the case to D'Agostino.
D'Agostino had previously decided another, attempted
class action case started by NYSCOPBA, a pension case.


Civil Rights: Other

Cause of Action
42 U.S.C. § 1983

Jury Demanded By
None

May 7, 2021
Filing 1 COMPLAINT

  Attorneys

Emily Grace Hannigan
Gregory Taylor Myers
54 State Street, Suite 1001
Albany, NY 12207
Telephone  (518) 462-0110

This is the address and telephone
 number of the Albany office of the Lippes firm.


  Result of case

Judge Mae A. D'Agostino decided the case
on 16 June 2022.
She explained her decision in detail.

The A.G.'s lawyers defeated
Lippes's Emily Grace Hannigan and
Gregory Taylor Myers.

The employer defeated the union.

NY state government defeated NYSCOPBA.













  COWEN

2022apr4


  Introduction to a court case involving a
state government C.O.

2022mar23

NYS C.O. Timothy Cowen was injured.
He worked at Mohawk Correctional Facility, in Rome.
His claim was arbitrated.
He won in arbitration.
There was a dispute in court about
whether to confirm the arbitrator's award.
In 2013, he won in court.
DOCCS lost.


Schaefer, of the Sheehan firm, won.
Kerwin, of the NYS AG, lost.

We (this web site)
shortened and simplified
the slip opinion below.

____________

source
https://www.nycourts.gov

Name of PDF file which describes this case
2013_32229.pdf


  Court Opinion and Decision in 2013

Matter of Cowen
v
State of NY Dept. of Corr. & Comm. Supervision

2013 NY Slip Op 32229(U)

September 22, 2013
Sup Ct, Albany County
Docket Number: 3524-13

Judge: Joseph C. Teresi

Cases posted with a "30000" identifier,
i.e., 2013 NY Slip Op 30001(U),
are republished from various
state and local government websites.
These include the New York State Unified Court System's E-Courts Service,
and the Bronx County Clerk's office.

STATE OF NEW YORK
SUPREME COURT

In the Matter of the Application of
TIMOTHY COWEN
and the
NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC.,
Donn Rowe, President
Petitioners,

For a Judgment Pursuant to CPLR Article 75
Confirming an Arbitration Award,
-against-
STATE OF NEW YORK DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
Anthony I. Annucci,
Acting Commissioner;
STATE OF NEW YORK GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS,
STATE OF NEW YORK,
COUNTY OF ALBANY
Respondents.

Supreme Court Albany County
All Purpose Term,
September 13,2013

Assigned to Justice Joseph C. Teresi


APPEARANCES
Sheehan Greene Carraway Goldman & Jacques, LLP
Lawrence H. Schaefer, Esq.
Attorneys for Petitioners
54 State Street, Suite 1001
Albany, New York 12207

Eric T. Schneiderman, Esq.
Attorney General of the State of New York
Attorneys for the Respondents
(Adrienne J. Kerwin, Esq. AAG)
The Capitol
Albany, New York 12224


DECISION and ORDER

INDEX NO. 3524-13
RJI NO. 01-13-110503


TERESI,J.:

Mr. Cowen was injured in a work related
accident while working for the
Department of Corrections and Community Supervision
("DOCCS") as a Corrections Officer.

Petitioners commenced this proceeding to confirm
arbitrator Paul
Zonderman's Opinion and Award,
dated September 11,2012
("Arbitrator" and "Arbitrator's Award").

Respondents oppose the petition, and cross petition to vacate the
Arbitrator's Award claiming that the Arbitrator exceeded his powers.

Because Petitioners are entitled to confirmation
and
Respondents failed to demonstrate that the Arbitrator
exceed his powers,
the petition is granted and
the cross petition is denied.

The cross petition is denied, the petition is granted, and the Arbitrator's Award is confirmed.

So Ordered.

Dated: Albany, New York
September Z_2- ,2013
Joseph O'Teresi, J.S.C.

  NYS Payroll Info 2009

State Gov't January 2009 Payroll Database	

COWEN, TIM G;
CORR OFFICER;
55,718.00;
ANN; Rome; 16-Aug-93;
10390 Mohawk Correctional Facility

The 20009 NYS payroll
had "COWEN, TIM G."
In 20013, the Sheehan firm represented  Timothy Cowen.
Perhaps they are the same person-

  NYC DoC C.O.

  General

In 2013, the Sheehan firm represented
a state government C.O.
named Timothy Cowen.
At that time, there was a city government 
C.O. named Timothy Cowen.
Do not confuse them with each other.
Below, we briefly describe the city C.O.

Timothy Cowen

Rikers Island is in New
York City and Bronx County
of New York State.
There is a city jail there. 

Rikers Island jail supervisor
the Bronx, NYC, NY
January 2016

Timothy Cowen
33 in 2016
a captain working at the
George R. Vierno Center at Rikers Island jail

City Department of Correction
personnel supervisor
Rikers Island

COWEN, 33
living in  Islandia, N.Y.

worked for NYC DoC since March 2007

annual base salary of about $81,879

 pay of city C.O.

source   seethroughny.net

2021
Cowen, Timothy N
DoC
gross $184,579
Captain
base pay  $114,617
2021
New York City

2008
Cowen, Timothy N
DoC
gross $42,903 	DoC
Correction Officer - Rotating Shifts -(Hired After 6/30/93)
base pay $37,316
2008



  pistol permit

Below, we mention a possible coincidence.

A pistol permit was issued in NYS to
someone named: 
COWEN,TIMOTHY G
COWEN,TIMOTHY,G,,,NY.

The permittee may be neither the state C.O.
nor the city C.O. 

.





  Hannigan:  Charles Hannigan

  Introduction

Is this Hannigan client related to the Lippes
attorney Hannigan?

This case concerns Attica Correctional Facility.

  Court Case

Charles Hannigan, DOCCS correction sergeant at Attica CF

New York State Dept. of Corr. Servs.
(New York State Corr. Officers & Police Benevolent Assn., Inc.)
2012 NY Slip Op 07242

Decided on November 1, 2012

Appellate Division, Third Department

Published by New York State Law Reporting Bureau

Decided and Entered: November 1, 2012

514141 In the Matter of the Arbitration between
NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES
et al., Respondents,
and 
NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC.,
et al., Appellants.

Calendar Date: September 7, 2012

Before: Mercure, J.P., Spain, Malone Jr., Kavanagh and Egan Jr., JJ. 

Sheehan, Greene, Golderman & Jacques,
LLP, Albany
(Lawrence H. Schaefer of counsel),
for appellants. 
Eric T. [Trada] Schneiderman, Attorney General,
Albany
(Julie 
M. Sheridan of counsel),
for respondents. 

MEMORANDUM AND ORDER 

Egan Jr., J.

Charles Hannigan, a correction sergeant
then working at Attica Correctional Facility in Wyoming County,
alleging that Hannigan failed to report the use of force upon an inmate,
failed to have the inmate evaluated by the facility's medical staff
and made false and/or misleading statements to his superiors regarding the incident.


  Possible, Recent Address

NY  zip code 14094  Lockport
40 Spruce Street
Charles Hannigan
716-434-5195

...

The SCF (first three zip code digits) of the Lockport person is 140.
The Sheehan correctional client worked in Attica CF.
Attica CF has SCF 140.

DOCCS Prisons
Attica Correctional Facility
639 Exchange St
Attica, New York 14011-0149  Wyoming County

We guess that the Lockport person may be the Sheehan correctional client.








  Hanse and other members of the
Board of Trustees of the Village of Coxsackie

 STEPHEN HANSE
 KENNETH MANNION
 JOHN OLIVER, 




  Greene County 
Supreme Court Case

Bull v Hanse
2007 NY Slip Op 32762(U)
September 6, 2007
Supreme Court, Greene County
Docket Number: 0020078/7110
Judge: Joseph C. Teresi


SUPREME COURT
COUNTY OF GREENE
STATE OF NEW YORK

JOHN BULL,
as Mayor of the Village of Coxsackie,
Petitioner,

-against

STEPHEN HANSE,
KENNETH MANNION,
and JOHN OLIVER,
individually and as members of the Board of Trustees of the
Village of Coxsackie,
Respondents.

DECISION and ORDER
INDEX NO.: 07-0871 R.II NO.: 19073079

.....


Supreme Court Albany County
Special Term 
August 2, 2007

Assigned Justice
 Joseph C. Teresi


Eugenia Brennan Heslin, Esq.
Kaplan & Brennan, PLLC
Attorneys for Petitioner
PO Box 155
Hunter, NY 12442

Erin N. Walsh, Esq.
Sheehan, Greene, Carraway, Golderman & Jacques, LLP
Attorneys for Respondents
 99 Pine Street, Suite 402
Albany, NY 12207


  Our Summary of the Court Decision

TERESI, J.:
Petitioner, John Bull, Mayor of the Village of Coxsackie,
brings this Article 78 proceeding challenging the actions of
Respondents, members of the Board of Trustees of the Village of Coxsackie.

Respondents oppose the petition.

This Court dismisses the petition as moot.

Dated: September~ 2007
Albany, New York


 Result of Court Case

  Events

A mayor represented by Eugenia Brennan Heslin,
sued a few, government officers (village trustees).
Walsh represented the sued, government officers.
The government officers defeated the mayor.

  Parties

The respondents defeated the petitioner.

  Attorneys

Erin N. Walsh defeated Eugenia Brennan Heslin.









  Hansen:  RONALD HANSEN

  Court

a disciplined DOCCS C.O.

State of New York Supreme Court
Appellate Division Third Judicial Department
Decided and Entered:  February 26, 2009

In the Matter of the Arbitration between
RONALD HANSEN
and
Department of Correctional Services.
505428

Sheehan, Greene, Carraway, Golderman & Jacques, L.L.P., Albany
(Edward J. Greene of counsel), for respondents.

Petitioner Ronald Hansen was employed by
respondent DOCS as a correction officer.
In 2005, petitioner received two notices of discipline

  LocateFamily
Greenwich
P.O.Box 50
Ronald Hansen
518-692-7915





  Ichabod:  Ichabod Crane Registered Nurses Association  

a nurse union


  Introduction

2022jun3

Ichabod Crane Central School District
is in Columbia County, NY.

Lawrence Schaefer represented Ichabod nurse union when he
worked for the Hinman Straub law firm.
Later, he worked for the Sheehan firm.
Now (May 2022), he works for the Lippes firm.
The Sheehan and Lippes firms are intimately related to each other.
Lawyers at the Sheehan firm gave money
to the Hinman firm's PAC
in various years.
We briefly discuss the
payments on the political payments page.

Some information in this Ichabod section came
from findlaw.com web site.

There was an Ichabod court case in Supreme Court.
The court decided it on 26 December 2002.
A copy of the decision is in a PDF file.

Our summary and comments are slightly
below on this page.

  Supreme Court Case in 2002

90551

NEW YORK

IN RE: CIVIL SERVICE EMPLOYEES ASSOCIATION

Supreme Court, Appellate Division, Third Department, New York

IN RE:
CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, AFSCME, AFL-CIO,
ICHABOD CRANE CENTRAL SCHOOL DISTRICT CSEA UNIT,
Petitioner, 
v. 
NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD, et al.,
Respondents.

Decided: December 26, 2002

Before:
CARDONA, P.J.,
MERCURE, PETERS, SPAIN and ROSE, JJ. 

Nancy E. Hoffman,
Civil Service Employees Association, Inc., Albany
(Miguel Ortiz of counsel),
for petitioner

Gary Johnson,
Public Employment Relations Board, Albany,
for
Public Employment Relations Board
and others,
respondents 

Hinman Straub P.C., Albany (Lawrence H. Schaefer of counsel),
for Ichabod Crane Registered Nurses Association, respondent.

friends of the court

Rains & Pogrebin P.C., Mineola
(Richard K. Zuckerman of counsel),
for County of Suffolk, amicus curiae
(This friend is on Long Island.) 

Colleran, O'Hara & Mills, Garden City
(Stephanie Suarez of counsel),
for New York State AFL-CIO, amicus curiae
(This friend is on Long Island.)  

James R. Sandner, New York State United Teachers,
Latham (Kevin H. Harren of counsel),
for New York State United Teachers,
amicus curiae. 

Harter, Secrest & Emery L.L.P.,
Rochester
(Matthew D. Brown of counsel),
for County Nursing Facilities of New York State,
amicus curiae


 Result of Court Case

  Events

A non-teacher union represented by Miguel Ortiz,
sued the NYS government and a nurse union.
Schaefer represented the nurse union.
The state government defeated the non-teacher union..

  Parties

A respondent defeated the petitioner.

  Attorneys

PERB's Gary Johnson defeated
Nancy E. Hoffman's Miguel Ortiz.








  Johnson and other retired C.O.s

 Introduction
5 former C.O.s' retirement

Attorneys
Sheehan, Greene, Carraway, Golderman & Jacques, L.L.P., Albany
(Thomas D. Latin of counsel)

Johnson v. New York State Department of Correctional Services
8:09-CV-965

Johnson v.
New York State Department of Correctional Services

8:09-CV-965

May 11, 2010

U.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

...

JOHNSON
v.
STATE DEPT. OF CORRECTIONAL SERVICES

NO. 8:09-CV-965 (DNH/RFT).

709 F.Supp.2d 178 (2010)

Lyndon S. JOHNSON
Larry Rivenburg
Morris A. Darling
Leonard Davidow
David Bowhall
Plaintiffs,
	v.
NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES
and others,
Defendants

United States District Court, N.D. New York.
April 30, 2010.

Sheehan Greene Carraway, Golderman & Jacques, LLP
Lawrence H. Schaefer, Esq., of counsel
for Plaintiffs

Plaintiffs
	Lyndon S. JohnsonLyndon S. Johnson
	Larry Rivenburg
	Morris A. Darling
	Leonard Davidow, and
	David Bowhall
("plaintiffs") sue defendants
New York State Department of Correctional Services ("DOCS")

Each plaintiff
retired corrections officers
over twenty-five years of experience working for DOCS

  Five Plaintiff-C.O.s

  David Bowhall

  Introduction

There is an entry on one of our NY pistol permit pages
for someone named:
BOWHALL,DAVID M

birth date
DAVID M BOWHALL   1959-12-11   Watertown   NY
DAVID M BOWHALL   1956-06-07   Philadelphia   NY
Perhaps one of them is the retired C.O.


  Possible, Recent Address

  Philadelphia

David Martin Bowhall
55-59 years old


phone 315-642-5568

34048 Antwerp St
Philadelphia, NY 13673-4106

...

spokeo.com
34048 Antwerp St Unit 414, Philadelphia, NY
tenant D*** B***    Male 50s [David Bowhall?]

Residents
Ages:-Male:1
Ethnicity:Caucasian
Female:2
Sqft:840
Pets:Yes
Lot:14,600
Year Built:1971



  Watertown

David M Bowhall
50-54 years old

phone 315-782-7027

1365 Cosgrove St
Watertown, NY 13601-4516


...

spokeo.com
1365 Cosgrove St, Watertown, NY
tenant D*** B***    Male 50s [David Bowhall?]

Residents
Ages:27-96
Male:5
Ethnicity:Caucasian
Female:7
Home Value: $120k
Sqft:1,422
Beds:3
Pets:Yes
Lot:8,800
Baths:2
Year Built:1942





  Morris A. Darling

Morris A Darling
55-59 years old

phone 518-943-3467

5 Cottontail Ln
Catskill, NY 12414-1930

...

5 Cottontail Ln, Catskill, NY
tenant M*** D***   male 50s  [Morris Darling?]

Residents
Ages:56-59
Male:1
Ethnicity:Caucasian
Female:1
Home Value: $86k
Sqft:1,144
Beds:3
Pets:-
Lot:13,068
Baths:2
Year Built:1982


  Leonard Davidow

  Introduction

There is an entry on one of our NY pistol permit pages
for someone in Rochester:
DAVIDOW,LEONARD,A
50 DRAKE DRIVE,ROCHESTER,NY,14617
[possible telephone number is below]

birth date
LEONARD A DAVIDOW 1945-08-26 Rochester NY
LEONARD H DAVIDOW 1919-06-19 Rochester NY

  Address

Leonard A Davidow
65+ years old

phone 585-544-4333
[Information about this number is several lines below.]

201 Coronado Dr
Rochester, NY 14617-4442


[Leonard & Nancy Davidow
(585) 544-4333
50 Drake Dr  [same as pistol address, above]
Rochester, NY 14617
Carrier: Landline from Frontier Telephone Of Rochester Inc]


  Lyndon S. JOHNSON

 Introduction
This person seems to be a woman.

There is an entry on one of our NY pistol permit pages
for someone in zip code 12918:
JOHNSON,LYNDON,S
26 PORKY RYAN ROAD
CODYVILLE [sic],NY,12918

The entry above is from our 2010 copy of the New York State
pistol permit master database.
Some information in the database is wrong.
For example, we think that the town above should be
Cadyville, not Codyville.


  Address

  locatefamily.com
Cadyville
26 Porky Ryan Road
Johnson Lyndon
518-293-8595

Cadyville
26 Porky Ryan Road
Lyndon Johnson
518-293-8112

  Spokeo
26 Porky Ryan Rd, Cadyville, NY
tenant   L*** J***  female 50s [Lyndon S. Johnson?]

Residents
Ages:50 - 59
Male:5
Ethnicity:Caucasian
Female:5
Home Value: $150k
Sqft:1,664
Beds:3
Pets:-
Lot:370,260
Baths:2
Year Built:1987



  Larry Rivenburg

  Introduction

We don't know if this retired, NY DOCCS C.O. is a Texas C.O.:
RIVENBURG JR; LAWRENCE; J
C.O. V; 1932; 34257.24; 1026.86; 37216.1; 47406; 696; DeptCrimJustc


 Pistol Permit

Our 2010 copy of the New York State pistol permit master database
has an entry for someone named:
RIVENBURG,LARRY,W
73 GLENDALE ROAD
LATHAM,NY,12110


  Address

whitepages.com
Larry J Riverburg   Norwich, NY
Larry Riverburg   Latham, NY  [see pistol permit address, above]

...

Latham
73 Glendale Road
Larry Rivenburg
518-785-0841













  Kaler:  TERRY P. KALER

 Court
C.O. disability

Kaler v. DiNapoli, 511702
Appellate Division, Third Department
August 1, 2011
Correction officer not entitled to disability

...

86 A.D.3d 898 (2011)
928 N.Y.S.2d 785
2011 NY Slip Op 6068

In the Matter of
TERRY P. KALER, Petitioner,
v.
THOMAS P. DiNAPOLI,
as Comptroller of the State of New York, et al., Respondents.

511702.
Appellate Division of the Supreme Court of New York, Third Department.
Decided July 28, 2011.







 Levy:  Jeffrey H. Levy and other parole officers


  Introduction

Jeffrey H. Levy
warrant and transfer officer, Parole Divison

  Court Case

Matter of Levy v State of New York

Dept. of Civ. Serv. 2007 NY Slip Op 27512 [18 Misc 3d 519]
December 14, 2007

Supreme Court, Albany County
Published by New York State Law Reporting Bureau 

In the Matter of
Jeffrey H. Levy et al., Petitioners,
v
State of New York, Department of Civil Service, et al., Respondents.

Supreme Court, Albany County
December 14, 2007

...

APPEARANCES OF COUNSEL

Andrew M. Cuomo, Attorney General, Albany
[Cuomo later became governor.]

(Jeffrey P. Mans of counsel), for respondents.
Sheehan Greene Carraway Golderman & Jacques LLP, Albany
(Erin N. Walsh of counsel), for petitioners.

...

{**18 Misc 3d at 520}

OPINION OF THE COURT

The individual petitioners hold the position of
warrant and transfer officer
within the New York State Division of Parole.






 MALINOWSKI:  Keith A. Malinowski
  
2022nov25


  Introduction

Malinowski worked at Albion CF.
DoCCS discriminated against him because of his sex.
He thought that the discrimination was illegal.
He unsuccessfully complained to a state agency.
He sued in trial court.
Judge Hartman decided against him in 2016.
He appealed.
He lost his appeal in 2018.

We provide the appeal court's opinion. 

  Trial Court Case in Albany

Albion Correctional Facility 2009

14 June 2016 in trial court
Lippes firm
Judge Hartman in trial court

Malinowski
(and Michael Powers, as NYSCOPBA President)
v
New York State Div. of Human Rights

2016 NY Slip Op 26473 [58 Misc 3d 926]
June 14, 2016
Hartman, J.
Supreme Court, Albany County

(This court,
despite "Supreme" in its name,
is not the highest court in the state.)

.....

Keith A. Malinowski, Petitioner,
v
New York State Division of Human Rights et al., Respondents

.....

Lippes Mathias Wexler Friedman LLP, Albany (Lawrence H. Schaefer of counsel), for petitioners.

Caroline J. Downey,
General Counsel, Bronx,
for New York State Division of Human Rights,
respondent.

Eric T. Schneiderman,
Attorney General, Albany
(Rachel Maman Kish of counsel),
for
Department of Corrections and Community Supervision,
respondent.

.....

Keith Malinowski, a correction officer (C.O.) at Albion Correctional Facility

Department of Corrections and Community Supervision (DOCCS)

 Results of Litigation

  Events in court

Two petitioners sued the state government in trial court.
The government won.
Both petitioners appealed.
The government won.

  Parties

The respondents (in trial court and in appeal court)  defeated the petitioners-appellants.

  Attorneys

As far as we know:
Rachel Maman Kish
before the appeal case,
and Michael K. Swirsky and Laura Etlinger in the appeal case,
defeated Lawrence H. Schaefer..



  Post-Albion Work Place

  2021

DoCCS discriminated against him in Albion prison.
He later worked in Elmira prison.

Malinowski, Keith A

DoCCS
ELMIRA CRC in 2021
gross $175,199;
Corr Officer
base pay $74,191

  2020

Malinowski, Keith A  DoCCS  gross $162,650
Elmira Correctional & Recep Ctr
Corr Officer
annual base pay $68,238
2020



  Background

Albion Correctional Facility
3595 State School Road
Albion, NY 14411-9399
(585) 589-5511

Albion is in Orleans County, in west New York State,
not far from Rochester and Buffalo.

Keith Malinowski
age 50 in early August 2021

tonawanda ny
lockport ny
buffalo ny

Tonawanda
ZIP code	14150
Area code 716

Lockport
ZIP codes  14094 and 14095
Area code 716

  Robert T. Malinowski, C.O.

Do not confuse Keith Malinowski
with Robert Malinowski

MALINOWSKI, ROBERT T;
CORR OFFICER;
50,595.00; ANN;
Rome; 11-Jan-99;
10440 Oneida Correctional Facility.

  Spokeo web site

Below is some information from the Spokeo web site,
edited by us. 


  Possible  Address History

Keith A Malinowski, Age 50 (in early August 2021)
Current Address:
? Emery Run
Rochester, NY

Past Addresses: Buffalo NY, Rochester NY
Phone Number: (716) 208-????

Email Address: 
?@rochester.rr.com

Wireless
(716) 208-????
Buffalo, NY
AT&T Mobility

Wireless
(917) 291-????
New York, NY
T-Mobile

email
?@rochester.rr.com

email
?@juno.com

ADDRESS HISTORY

? Emery Run
ROCHESTER, NY 2013-2019
This 2,440 square foot home is the last known address for Keith.

apartment
? Highland Pkwy
BUFFALO, NY 2012-2019
Keith departed this apartment in 2019.

apartment
? Stowell Dr
ROCHESTER, NY 2013-2018
Keith left this apartment in 2018.

apartment
? Park Lane Cir
LOCKPORT, NY 2012-2018
Keith moved out of this apartment in 2018.

FAMILY MEMBERS
We (Spokeo) found relatives for Keith.
M
E
J
M

Maryann Malinowski
FEMALE AGE 78
Keith has resided with Maryann in a single family house in Tonawanda, NY.

Eugene Malinowski
MALEAGE 77
Keith has lived in Tonawanda, NY in a single family house with Eugene.

Janine Malinowski
FEMALE AGE 53
Keith has resided with Janine in a single family house in Tonawanda, NY.

Mark Malinowski
MALE AGE 56
Keith and Mark have lived together in a single family house in Tonawanda, NY.

  Internet Accounts 

We (Spokeo) found Facebook and 80 more accounts.

Facebook
EMAIL MATCH

googleplus
Google+
EMAIL MATCH

MySpace
EMAIL MATCH

Amazon
EMAIL MATCH

  Age Note

In this Spokeo section, the ages
are as of early August 2021.








  MCPHILLIPS:  Richard McPhillips

  Introduction

2022mar23

The state government required wearing of face masks
by some employees
to retard transmission of influenza.

There seem to have been at least three cases
as a result.
There was a petition.
The petitioners lost in 2014.
The petitioners appealed.
They lost the appeal in 2016.
The appeal court issued an opinion
which refers to a third case
which the court wrote was off-calendar.
Below, we provide a little information
about the petition and the appeal.

  Judge Elliott Court Case in Albany

judgment entered July 30, 2014
Supreme Court
Judge Elliott III

The judgment dismissed the petitioners'
case.
Richard McPhillips and the other petitioners lost.

We guess that the Sheehan firm
represented the petitioners.

  Appeal Case in Albany

Richard McPhillips works at
Mid–Hudson Forensic Psychiatric Center.


521067

Calendar Date:  February 11, 2016
Decided: April 07, 2016
Sheehan firm

This case is an appeal
from the Judge Elliott case above.
NYSCOPBA and Richard McPhillips
lost that case and this one, we think.

Attorney Levine
of the NYS AG
defeated attorney Schaefer
of the Sheehan firm.

.....


Supreme Court, Appellate Division,
Third Department
New York.

IN RE:
NEW YORK STATE CORRECTIONAL OFFICERS AND
POLICE BENEVOLENT ASSOCIATION, INC., et al.,
Appellants,
v.
NEW YORK STATE OFFICE OF MENTAL HEALTH et al.,
Respondents.

521067

Decided: April 07, 2016

Before:  Garry, J.P.,
Egan Jr.,
Lynch,
Devine
and Clark, JJ.

Sheehan Greene Golderman & Jacques, LLP,
Albany
(Lawrence H. Schaefer of counsel),
for appellants.

Eric T. Schneiderman, Attorney General,
Albany
(Allyson B. Levine of counsel),
for respondents

.....

MEMORANDUM AND ORDER

Calendar Date:
February 11, 2016

Appeal from a judgment of the
Supreme Court
(Elliott III, J.), entered July 30, 2014
in Albany County,
which dismissed
petitioners' application

Petitioner NYSCOPBA
represents certain personnel
at psychiatric centers operated by respondent
Office of Mental Health (OMH).

Petitioner Richard McPhillips works at Mid–Hudson Forensic Psychiatric Center.

In 2014, Supreme Court dismissed the petition
and petitioners appeal.

OMH's regulation:   mandatory mask-wearing
to prevent influenza transmission

Here, petitioners challenged the permanent regulation
by commencing a separate special proceeding
in Supreme Court,
which has been marked off the court's calendar
pending the outcome of this appeal;

petitioners contend
that the mandatory mask-wearing requirement is arbitrary and capricious

[OMH] is entitled to a high degree of judicial deference.

Egan Jr., Lynch, Devine
and Clark, JJ., concur.

ORDERED
that the judgment is affirmed, without costs.

.....

McPhillips and the other appellants lost.
The state government won.






  NORDE:  Pedro A. Norde

  Introduction

There's a state, court case
and a federal, court case.


  State Court

  Introduction

2022nov25

Pedro A. Norde, a DoCCS C.O., was accused of:

  a few dozen, unauthorized phone contacts (in which he used his personal cell phone) with former prisoners, and
  false statements to investigators.


We do not know the sex of the former prisoners
whom he was accused of being in
contact with by telrphone.
At the time of the supposed cantacts,
he worked in Taconic C.F., a women's prison in Westchester County.

There was arbitration.
The arbitrator found Norde guilty of
false statements but not of unauthorized phone contacts.
There was a trial in state court.
DoCCS appealed.
AD3, a state court,  decided the appeal in 2021.
We have the full text of AD3's opinion.
AD3 decided for DoCCS.

  Result of DoCCS's appeal to AD3

Government employer DoCCS won.
Employee Norde and union NYSCOPBA lost.

Appellant DoCCS won.  The appeal court
respondents (Norde and NYSCOPBA) lost.

Letitia Jame (Attorney General, Albany)
and attorney Joseph M. Spadola won.
Lippes Mathias Wexler Friedman (LLP, Albany)
and attorney Thomas D. Latin lost.




  Federal case

2022dec13

Norde was a party in state court in 2020.
This was a civil case, not a criminal one.
We describe that case above.

In federal court in Manhattan, he
was accused of raping a female prisoner
at Taconic prison in 2018.
Taconic is a prison for women.
NYSCOPBA was not a party in that case.
We think that Lippes was not a law firm in that case.

dockets.justia.com

Stone #1 et al v. Annucci et al

Case Number:
1:2020cv01326

Filed:	February 14, 2020

Court:	US District Court for the Southern District of New York
[at Foley Square, in south Manhattan]

Nature of Suit:	Prisoner: Civil Rights

Cause of Action:
42 U.S.C. § 1983

filed
February 14, 2020

(Filing Fee $400.00
Receipt Number 465401254658)

CASE REFERRED TO Judge Ronnie Abrams
as possibly related to
16-cv-1473. (jgo)
February 14, 2020


  Taconic C.F.

2022dec27

There were state court cases
(trial court and appeal)
and a federal, trial court case.
He was accused of misconduct while
working at Taonic C.F.
Taconic is a women's prison in Westchester County.

250 Harris Road Bedford Hills, NY 10507-2497
phone (914) 241-3010




  DoCCS Officer

2022dec26

Norde, Pedro A in 2019
DDoCCS   Taconic CF   
gross $39,707	
Corr Officer
Annual Base Pay $71,308

The 2019 gross at Taconic is far less than the base.
We don't know why.
His gross usually was fR higher.

In 2016, he worked at Queensboro C.F.
His gross there was $87,584.
	
 
  Linkedin

2022dec12

As you read below, notice the overlap
between when he was a Marine and when he worked for DoC.

linkedin.com

-----


New York, New York, United States
age 61
[If he was 61 in December 2022,
he was born in about 1961.]

New York City Technical College

New York State Department of Corrections
Jul 1999 - Present 23 years 6 months
[He claims to have started working for Department of Corrections
in July 1999.]

U.S. Marine Corps
Nov 1991 - Oct 1999
8 years
[He claims to have left the Marine
Corps in October 1999.
He claims to have started working for SoC in July 1999.
If he's right, he simultaneously worked for DoC and the Marine Corps
in August and September 1999.]







  NYSCOPBA

 Introduction

New York State Correctional Officers Police Benevolent Association, Inc.

The Lippes-Sheehan law firm represented this union in cases.

Below, we have:
  examples list
  Bell:  case in federal, trial court regarding Randy Bell
  health:  appeal in state court regarding health arbitration



  Examples

Source:  Google search

Matter of
New York State Correctional Officers Police Benevolent Assn., Inc.
(New York State Dept. of Civ. Serv.)
New York Law Journal
12/31/2009

J., Mercure, Spain, Lahtinen and Kane, JJ.
Sheehan, Greene, Carraway, Golderman & Jacques, L.L.P., Albany
(Lawrence H. Schaefer of counsel)

...

New York State Correctional Officers and Police Benevolent Assoc. Inc.
v.
New York State Dept. of Civil Svce
507394
New York Law Journal
01/11/2010

APPELLATE DIVISION THIRD DEPARTMENT
Sheehan, Greene, Carraway, Golderman & Jacques, L.L.P., Albany
(Lawrence H. Schaefer of counsel)

...

Matter of
New York State Correctional Officer Police Benevolent Assn., Inc.
v
New York State Dept. of Correctional Servs.
New York Law Journal
10/29/2009

Rose, Lahtinen, Kane and Malone Jr., JJ.
Sheehan, Greene, Carraway, Golderman & Jacques, L.L.P., Albany
(Lawrence H. Schaefer of counsel)

...

Matter of
New York State Correctional Officers Police Benevolent Assn. Inc.
(State of New York)
New York Law Journal
03/20/2008

Peters, Carpinello, Rose and Malone Jr., JJ.
Sheehan, Greene, Carraway, Golderman & Jacques, L.L.P., Albany
(Edward J. Greene Jr. of counsel)

Bell:  Randy R. Bell
We discuss this long, complex
example slightly below.

FOIL case:  NYSCOPBA v. DoCCS
Filed October 2022
Albany County Supreme Court
Attorney Ashley Melissa Emery for petitioner NYSCOPBA



  Bell:  Randy R. Bell

2022apr5


  Introduction

main source
Dockets.Justia.com

Bell was a C.O. at Riverview Correctional Facility
and a member of NYSCOPBA.
A dispute arose over overtime.
He filed grievances.
In federal court, he sued the union
and other defendants.
He had federal law causes of action and
state law causes of action.
He represented himself.
He did not have a lawyer in that case.
The Lippes firm's Thomas D. Latin represented
the union set of defendants.
Bell lost on the federal law causes of action.
The court refused to decide the
state law causes of action.
In crude summary,
Bell lost this court case.

  Federal court case

Bell
v.
New York State Department of Corrections and Community Supervision
et al

Doc. 62

Case 1:17-cv-00937-DNH-CFH Document 62

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

------- - - - - - - - - - - - - - - - - - --------

Filed 03/22/19

Page 1 of 31

RANDY R. BELL,
Plaintiff,
-v-
NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION;
NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION INC.;
ANTHONY ANNUCCI;
MIKE POWERS;
GREG FREDERICKS;
JIM BLEU;
TERRY PIKE;
KEVIN ALDOUS;
MICHAEL CALDWELL;
CALVIN RABSATT;
BRIAN MCAULIFFE;
MIKE SOVIE;
MICHELE O'GORMAN;
JAMES BELL;
SCOTT CLARY;
STEVE GARABRANDT;
TONY HARPER; CARL HEWKO;
 TOM PATNODE;
and PATRICK GRAY,
Defendants.

 ------- - - - - - - - - - - - - - - - - - --------

APPEARANCES:
RANDY R. BELL
Plaintiff pro se
5668 Eloise Cr.
P.O. Box 584
Osgoode, Ontario K0A 2W0
(Canada?)

HON. LETITIA JAMES
Attorney General for the State of New York
HELENA O. PEDERSON, ESQ. 
Ass't Attorney General
Attorney for State Defendants
The Capitol
Albany, NY 12224

LIPPES MATHIAS WEXLER FRIEDMAN LLP
THOMAS D. LATIN, ESQ.
Attorney for NYSCOPBA Defendants
54 State St., Suite 1001
Albany, NY 12207

No. 1:17-CV-937

Dockets.Justia.com

Case 1:17-cv-00937-DNH-CFH
Document 62
Filed 03/22/19

Page 2 of 31

DAVID N. HURD
United States District Judge

MEMORANDUM-DECISION and ORDER


I. INTRODUCTION

Pro se plaintiff Randy R. Bell
("plaintiff" or "Bell")
filed this civil action on August 24, 2017,
alleging various federal and state claims related to
the alleged unfair distribution of overtime assignments
by
his employer,
Riverview Correctional Facility ("RCF").

He brings suit against various entities,
New York State correctional officers, supervisors, and
administrators, and union members.

In total, the complaint includes
twelve causes of action
against twenty defendants.

Defendants include:
New York State Department of Corrections and Community Supervision ("DOCCS");
New York State Correctional Officers and
Police Benevolent Association Inc. ("NYSCOPBA");
Anthony Annucci ("Annucci")Acting Commissioner of the New York State
Corrections and Community Supervision;
Mike Powers ("Powers"), Former RCF Corrections Sergeant and present
NYSCOPBA Executive President;
Greg Fredericks ("Fredericks"), 
RCF Corrections Officer and local
NYSCOPBA Union President (retired);
Jim Bleu ("Bleu"), RCF Corrections Officer and local NYSCOPBA
Union President (resigned);
Terry Pike ("Pike"), 
RCF Corrections Officer and local NYSCOPBA Union President (resigned);
Kevin Aldous ("Aldous"),
RCF Corrections Officer and local NYSCOPBA Union President
(current);
Michael Caldwell ("Caldwell"),
RCF Deputy Superintendent of Security;
Calvin Rabsatt ("Rabsatt"),
Superintendent of RCF (retired);
Brian McAuliffe ("McAuliffe"),
current Superintendent of RCF;
Mike Sovie ("Sovie"), RCF Corrections Sergeant and NYSCOPBA union member;
Michele O'Gorman ("O'Gorman"), 
New York State Labor Relations Deputy Director;
James Bell ("J. Bell"),
RCF Corrections Officer and local NYSCOPBA union
representative;
Scott Clary ("Clary"), Former RCF
Corrections Sergeant and current Corrections Lieutenant;
Steve Garabrandt ("Garabrandt"),
RCF Corrections Sergeant and local NYSCOPBA union representative
for the Sergeants;
Tony Harper ("Harper"),
RCF Corrections Officer and NYSCOPBA union member;
Carl Hewko ("Hewko"),
RCF Corrections Officer and NYSCOPBA union member;
Tom Patnode ("Patnode"),
RCF Corrections Sergeant and NYSCOPBA union member;
and
Patrick Gray ("Gray"),
RCF Corrections Officer and NYSCOPBA union member
(collectively "defendants").

Defendants can be grouped into two sets:
(1) the "NYSCOPBA defendants,"
represented by Thomas D. Latin, Esq.
of Lippes Mathias Wexler Friedman LLP,
and
(2) the "State defendants,"
represented by Helena O. Pederson, Esq.
of the New York State Attorney General's Office.

The NYSCOPBA defendants include:
NYSCOPBA, Powers, Fredericks,
Bleu, Pike, Aldous, Harper, and Hewko.

The NYSCOPBA defendants collectively moved
under
Federal Rule of Civil Procedure ("Rule") 12(b)(1) & (6)
seeking to dismiss plaintiff's complaint in its entirety
for failure to state any claims upon which relief could be granted.
Thereafter, the State defendants collectively moved
under Rule 12(b)(1) & (6) seeking to dismiss
plaintiff's complaint in its entirety for failure to state any claims
upon which relief could be granted.
Plaintiff opposed both motions and
separately moved to amend his complaint.
Both sets of defendants opposed plaintiff's motion to amend.

  
Page 5 of 31

II. BACKGROUND4

plaintiff was a correctional officer
employed by DOCCS,
at RCF.
He is a member of NYSCOPBA,
 which is the certified bargaining representative
for the Security Services Unity of New York State employees,
which includes all correctional officers and correctional sergeants
employed by DOCCS.

Bell asserts that in 2013, he proposed an overtime assignment scheme
to be used at RCF.
Instead, RCF management, union representatives, and "corrupt officers"
prevented the overtime proposal from
being implemented by influencing a union vote.

Bell filed two contract grievances with NYSCOPBA.

DOCCS denied the grievances.

4 
Page 6 of 31

NYSCOPBA then advised plaintiff that it would
not further pursue the grievances on his behalf

Plaintiff also filed
three complaints with the New York
State Public Employment Relations Board

- 13 -
Page 14 of 31
- 15 -
Page 16 of 31
- 16 -
Page 17 of 31
- 17 -
 Page 18 of 31
Page 19 of 31

(With regard to Bell's
14th amendment, equal protection claims)
Bell has failed to allege that he is in a protected class.

V. CONCLUSION

Therefore, it is
ORDERED that

1. Plaintiff Randy R. Bell's motion to amend,
ECF No. 45, is GRANTED
and the
amended complaint accepted for review;

2. The NYSCOPBA defendants' motion to dismiss,
ECF No. 26, pursuant to Rule
12(b)(1) & (6)
is GRANTED in part
and DENIED in part as moot;

3. The State defendants' motion to dismiss,
ECF No. 37,
pursuant to Rule 12(b)(1) &
(6)
is GRANTED in part
and DENIED in part as moot;

4. Defendants' motions to dismiss are GRANTED as to
all federal claims in the
amended complaint
and
those claims DISMISSED including:

a. the third cause of action

b. the fifth and sixth causes of action

c. the fifth, sixth, and eighteenth causes of action to
the extent they allege due process violations;

d. the tenth and thirteenth causes of action

e. the twelfth cause of action

f. the fourteenth cause of action
to the extent it alleges a Title VII violation;

g. the eighteenth cause of action alleging
violations of 18 U.S.C. §§ 641, 653, and 654; and

h. the nineteenth cause of action alleging a FLSA violation;

5. Defendants' motions to dismiss are DENIED
without prejudice
as to all state law claims in the amended complaint;

6. Supplemental jurisdiction is DECLINED
over all state law claims

7. The Clerk is directed to enter judgment
accordingly and close the file.

     Dated: March 22, 2019
Utica, New York.

IT IS SO ORDERED


  Sone defendants in the Bell-NYSCOPBA, federal case

2022apr17

Read skeptically and verify.


  Kevin Aldous

There was a defendant:
Kevin Aldous, RCF Corrections Officer
and local NYSCOPBA Union President
(current).

There was an NYS C.O.:
ALDOUS, KEVIN; CORR OFFICER;
50,595.00; ANN; Ray Brook; 4-Jan-00;
10230 Adirondack Correctional Fac.

  James Bell

Defendant:
James Bell, RCF Corrections Officer
and local NYSCOPBA union
representative

NYS C.O.:
BELL, JAMES E; CORR OFFICER;
53,320.00; ANN; Ogdensburg; 9-Sep-96;
10570 Riverview Correctional Fac

Pistol Permits were issued to:
BELL, JAMES E
BELL, JAMES EDWARD.

The C.O. and the permittee may be different people.

  Jim Bleu

Defendant:
Jim Bleu, RCF Corrections Officer
and local NYSCOPBA
Union President (resigned).

  Scott Clary

Defendant:
Scott Clary, Former RCF
Corrections Sergeant
and current Corrections Lieutenant

Sergeant:
CLARY, SCOTT M; CORR SERGEANT;
62,869.00; ANN; Ogdensburg; 4-Sep-89;
10350 Ogdensburg Correctional Fac

  Greg Fredericks

Defendant:
Greg Fredericks,
RCF Corrections Officer and
local NYSCOPBA Union President (retired).

NYS C.O.:
FREDERICKS, GREGORY J; CORR OFFICER;
55,718.00; ANN; Ogdensburg;
12-Jun-89; 10570 Riverview Correctional Fac.

  Steve Garabrandt

Defendant:
Steve Garabrandt,
RCF Corrections Sergeant
and local NYSCOPBA union representative
for the Sergeants

  Patrick Gray

Defendant:
Patrick Gray, RCF Corrections Officer and
NYSCOPBA union member

There is a C.O. named:
GRAY, PATRICK W; CORR OFFICER;
50,595.00; ANN; Malone; 4-Jan-00;
10530 Franklin Correctional Facility

  Tony Harper

Defendant:
Tony Harper,
RCF Corrections Officer
and NYSCOPBA union member

C.O.:
HARPER, ANTHONY K; CORR OFFICER;
55,718.00; ANN; Ogdensburg; 12-Jun-89;
10570 Riverview Correctional Fac

  Carl Hewko  

Defendant:
Carl Hewko,
RCF Corrections Officer
and NYSCOPBA union member

C.O.:
HEWKO, CARL A; CORR OFFICER;
59,043.00; ANN; Ogdensburg; 1-Dec-86;
10570 Riverview Correctional Fac

Pistol Permittee:
HEWKO,CARL,A (1.5 MB file), 
508 MORRIS ST,
OGDENSBURG,NY,13669

The defendant, the C.O., and
the permittee may be different people.

  Tom Patnode

Defendant:
Tom Patnode,
RCF Corrections Sergeant
and NYSCOPBA union member

C.O.:
PATNODE, THOMAS J; CORR SERGEANT;
69,510.00; ANN; Ogdensburg; 15-Nov-82;
10570 Riverview Correctional Fac

  Terry Pike

  Defendant

Terry Pike, 
RCF Corrections Officer
and local NYSCOPBA Union President (resigned).

  C.O.

NYS C.O.:
PIKE, TERRY G; CORR OFFICER;
59,043.00; ANN; Ogdensburg; 3-Oct-88;
10570 Riverview Correctional Fac

  Pistol Permittee

A pistol permit was issued to:
PIKE,TERRY G, 2.3 MB.

  Comment

The defendant, the C.O., and
the permittee may be different people.


  Mike Powers

A defendant was Powers:
Mike Powers, Former RCF Corrections Sergeant and
present NYSCOPBA Executive President."

POWERS, MICHAEL B; CORR SERGEANT;
59,500.00; ANN; Bronx; 14-May-90;
10380 Fulton Correctional Facility

We have info about Powers on our NYSCOPBA page.



  Mike Sovie

  Defendant

Mike Sovie, RCF Corrections Sergeant
and NYSCOPBA union member

  NYS C.O.

SOVIE, MICHAEL G; CORR SERGEANT;
68,592.00; ANN; Ogdensburg; 19-Oct-87;
10570 Riverview Correctional Fac










  FOIL state court case started in October 2022

2023jan5


  Introduction

This is a trial court case in 
Albany County, in which NYSCOPBA is a Lipapes
client.
NYSCOPBA sued DoCCS complaining that DoCCS
violated FOIL.

  Info

2023jan5

our main source
unicourt.com


NYSCOPBA v. DOCCS

On 21 October 2022, petitioner NYSCOPBA filed a case
against DOCCS. This case is in Albany County Supreme Court, in Washington, New York.
 
Case Number:
*****8-22

Filing Date:
10/21/2022

Case Status:
Pending - Other Pending

Case Type:
Other

Courthouse:
Albany County Supreme Court

County, State:
Albany, New York

Plaintiff
NYSCOPBA

Defendant
DOCCS

Plaintiff Attorney
EMERY, ASHLEY MELISSA

Court Documents
Affidavit of Service on DOCCS
Affidavit of Service on Attorney General
NOTICE OF PETITION
Petitioner's Memorandum of Law in Support of Verified Petition
EXHIBIT(S) - DOCCS FOIL Denial
   DOCCS FOIL Denial
   FOIL Request





  HEALTH:  appeal in state court related to health arbitration

  Introduction

2022aug19

A state, trial court stopped arbitration.
NYSCOPBA appealed but lost.

  Summary of appeal

State of New York
Supreme Court, Appellate Division
Third Judicial Department

Decided and Entered:  December 31, 2009

507394 
_________________

In the Matter of the Arbitration between
NEWYORK STATE CORRECTIONAL OFFICERS AND POLICEBENEVOLENT ASSOCIATION, INC.,
Appellant,
and
NEW YORK STATE DEPARTMENT OF CIVIL SERVICE et al.,
Respondents.

OPINION AND ORDER

__________

Calendar Date:  November 19, 2009

Before:
Cardona, P.J.,
Mercure, Spain, Lahtinen and Kane, JJ.

__________

Sheehan, Greene, Carraway, Golderman & Jacques, L.L.P.,
Albany
(Lawrence H. Schaefer of counsel),
for appellant.

Andrew M. Cuomo, Attorney General,
Albany
(Victor Paladino of counsel),
for
New York State Department of Civil Service
and another, respondents.

Featherstonhaugh, Wiley & Clyne, L.L.P.,
Albany
(Stephen J.Wiley of counsel),
for OptumHealth Behavioral Solutions
and another,
respondents.

__________

Spain, J.

Appeal from a judgment of the Supreme Court (McDonough,J.),
entered April 2, 2009 in Albany County,
which granted respondents' cross motion to dismiss the petition and
stayed arbitration between the parties.

...

Accordingly, because arbitration is prohibited,
our inquiry must end here.

Cardona, P.J., Mercure, Lahtinen and Kane, JJ., concur.

ORDERED that the judgment is affirmed,
without costs.

ENTER:  Michael J. Novack Clerk of the Court

  Result of the appeal

The trial court's decision was affirmed.

AG attorney Victor Paladino defeated
Sheehan attorney Lawrence H. Schaefer.

The state government defeated NYSCOPBA.

The employer defeated the union.

  Source

A copy of the court's Opinion and Order is in a PDF.
To see the PDF, click the picture below.



We got the PDF from decisions.courts.state.ny.us.
 

---

LIST OF OUR LIPPES-SHEEHAN PAGES

1. Introduction
2. Attorneys and other people
3. Litigation: A-R clients, S-Z clients, court cases
4. Political payments
   1. Contributors
   2. State Street Associates PAC

---

LINKS TO A FEW PAGES IN THIS SITE
2010 NY Pistol Permits	Impropriety in USA Gov't		Home Page
Main NY Page	Previous Page	Next Page	Impressum

To return to this page       =       https://paladium.nfshost.com/gw/usa-farnewyorkstate0000BBcourtLippesMathiasWexlerFriedman53Clients5.php

To return to the page whence you came       =      

link to our home page