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F


NEW YORK STATE, COURT OFFICERS

ALBANY OFFICE OF LMWF (LIPPES MATHIAS WEXLER FRIEDMAN LLP)

CLIENTS IN ATTEMPTED, CLASS ACTION CASES


Lippes Mathias Wexler Friedman LLP
and
Sheehan Greene Golderman & Jacques


List of class action clients

2022aug24
  1. Pension cases
    1. Union clients
      1. NYSCOPBA
      2. DONN ROWE (PRESIDENT OF NYSCOPBA)
    2. proposed class representatives
      1. DIANE DAVIS
      2. DAVID L. FAILE
      3. LOUIS GIAMPAGLIA
      4. ART W. JOLLEY
      5. AL MOTHERSHED
      6. WILLIAM J. WEST
  2. Solitary confinement case in trial court
    1. NYSCOPBA
    2. THOMAS HANNAH
    3. CHLOE HAYES
    4. ERIK MESUNAS
    5. KERRI MONTGOMERY
    6. SARAH TOMPKINS
    7. ALEXANDER VOITSEKHOVSKI

  1. Pension class cases
    1. Introduction to trial court and appeal court cases 2022aug20 NYSCOPBA and some people attempted a class action case in federal, trial court in Albany (NYND) about pensions. Judge D'Agostino decided against them in 20218. The plaintiffs lost by summary judgment. . Soon after in 2018, they appealed to the federal, appeal court in Manhattan (2nd Circuit). They lost in 2022 by summary order.

    2. Pension appeal case in the 2nd circuit 2023aug3
      1. Introduction The federal appeal case lasted from October 2018 to July 2022. The plaintiff-appellants (for example, NYSCOPBA) lost by summary order. We think that losing by summary order may imply that the appeal judges thought that the appeal had trivial merit.
        1. pacermonitor.com 2023sep2 New York State Correctional Officers etc., et al., v. State of New York etc., et al. Second Circuit, U.S. Court of Appeals original [NYND trial court?] case: 1:11-cv-01523 2nd circuit case # 0:18-cv-03151 Type civil / private Nature of Suit 950 Other Statutes - Constitutionality of State Statutes Case started Oct 23, 2018 case ended Jul 27, 2022 Appellants New York State Correctional Officers & Police Benevolent Association, Inc., Donn Rowe, Diane Davis, David L. Faile, Louis Giampaglia, Art W. Jolley, Al Mothershed, William J. West DISTRICT COURT MEMORANDUM DECISION AND ORDER, dated 09/24/2018, RECEIVED in appeal case 18-3151 [Entered: 10/25/2018 10:18 AM] DISTRICT COURT JUDGMENT, dated 09/24/2018, RECEIVED in appeal case 18-3151 [Entered: 10/25/2018 10:19 AM]
        2. casetext.com
          1. Introduction our main source casetext.com United States Court of Appeals, Second Circuit [courthouse at Foley Square in Manhattan, NY, USA] date decided 27 Jul 2022 18-3151-cv 2d Circuit 27 July 2022 NEW YORK STATE CORRECTIONAL OFFICERS etc., et al., Plaintiffs-Appellants, v. KATHLEEN C. HOCHUL etc., et al., Defendants-Appellees ____ attorneys 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.
          2. Appeal court decision 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.
        3. leagle.com 2023ser2 _____ No. 18-3151-cv. NEW YORK STATE CORRECTIONAL OFFICERS etc., et al., Plaintiffs-Appellants, v. KATHLEEN C. HOCHUL, etc., et al., Defendants-Appellees. United States Court of Appeals, Second Circuit. July 27, 2022. ----- Attorney(s) appearing for the Case LAWRENCE H. SCHAEFER , Lippes Mathias LLP, Albany, NY. for Plaintiffs-Appellants. 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, for Defendants-Appellees. ----- PRESENT: JON O. NEWMAN, GERARD E. LYNCH, ----- SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Plaintiffs-Appellants the New York State Correctional Officers & Police Benevolent Association, Inc. ("NYSCOPBA") and current and former members of that union (collectively, "the NYSCOPBA Plaintiffs") appeal the judgment of the United States District Court for the Northern District of New York (Mae A. D'Agostino, J.) granting summary judgment to Defendants-Appellees, various State officials (collectively, "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. ... We therefore hold that the district court correctly granted summary judgment to the State on the NYSCOPBA Plaintiffs' claims for the same reasons explained in Donohue IV, 32 F.4th at 206-11. For the foregoing reasons, the judgment of the district court is AFFIRMED.
      2. Lippes clients in the pension appeal case
        1. union clients
          1. NYSCOPBA
          2. DONN ROWE (PRESIDENT OF NYSCOPBA)
        2. 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 is about 2021. In that year, the NYS Employees Retirement System paid all of them.
          1. DIANE DAVIS Retired 8/1/2011 Davis, Diane Downstate Correctional Facility prison $57,953
          2. DAVID L. FAILE Retired 6/27/2008 Faile, David Mt Mcgregor C.F. prison $41,803
          3. LOUIS GIAMPAGLIA Retired 10/26/2007 Giampaglia, Louis Greene C.F. prison $28,901
          4. ART W. JOLLEY Retired 1/28/2010 Jolley, Art Bare Hill C.F. prison $41,868
          5. AL MOTHERSHED Retired 6/29/2012 Mothershed, Alfred Livingston C.F. prison $35,896
          6. WILLIAM J. WEST Retired 8/10/2002 West, William Wallkill C.F. prison $29,344

    3. Results of pension 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. The appeal judges decided the appeal by Summary Order, which, we think suggests that the judges thought that the appeal had trivial merit. /ol>





  2. Solitary confinement class
  3. Class action case in federal, triak court against HALT Solitary law
    1. Introduction 2023sep1 The Lippes firm's Albany office represented several clients who started a case in the federal, trial court in Albany (NYNY) on 7 May 2021. Lippes unseccessfully tried to have a class action against the government of New York State. The plaintiffs seem to have opposed HALT Solitary. HALT Solitary is a state law against long-term, solitary confinement of prisoners. The judge dismussed the Complaunt. The Lippes litigants lost. A few days after the case began, Michael Powers gave a press conference about it in Albany. HALT Solitary caused changes in DoCCS. For example, Southport CF, a supermax prison, closed. We guess that some employees in the closed prisons, because they did not transfer to other prisons, lost their jobs. We guess this.
    2. Some info about the case NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC., THOMAS HANNAH, individually and on behalf of all others similarly situated, CHLOE HAYES, individually and on behalf of all others similarly situated, ERIK MESUNAS, individually and on behalf of all others ) similarly situated, KERRI MONTGOMERY, individually and on behalf of all others similarly situated, SARAH TOMPKINS, individually and on behalf of all others similarly situated, ALEXANDER VOITSEKHOVSKI, individually and on behalf of all others similarly situated, and JOHN and JANE DOES 1 – 18,000, Plaintiffs, vs. ANDREW CUOMO, in his official capacity as Governor of the State of New York, STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, and ANTHONY ANNUCCI, in his official capacity as Acting Commissioner of the New York State Department of Corrections and Community Supervision Defendants. ........... Case Number 1:2021cv00535 Presiding judge Mae A. D'Agostino Original judge Christian F Hummel Hummel was the first judge. Hummel referred the case to D'Agostino. Civil Rights: Other Cause of Action 42 U.S.C. § 1983 No Jury demand May 7, 2021 1 COMPLAINT filed
    3. Lippes clients 2022sep5 main sources Names of clients from justia.com web site Other info (e.g., job titles) from seethroughny.net
      1. NYSCOPBA
      2. THOMAS HANNAH Thomas Edward "Tom" Hannah dead This client is not Thomas Edward Hannah, Jr. 2023jul28
        1. Southport Correctional Facility 2021 Hannah, Thomas E DoCCS gross $182,056 Southport Correctional Facility Corr Sergeant Annual Base $95,492 2021 That prison closed in March 2022.
        2. Five Points Corr Facility 2022 DoCCS gross $110,593 Five Points CF in 2022 CORR SERGEANT Annual Base Pay $97,402 2022
        3. Dead Thomas Edward Hannah born in 1962 died in December 2022 This client is not Thomas Edward Hannah, Jr.
      3. CHLOE HAYES Hayes, Chloe A DoCCS $68,093 Greene Correctional Facility Corr Officer Annual Base $59,161 2021
      4. ERIK MESUNAS 2023aug1
        1. DoCCS Erik C Mesunas DoCCS $131,403 Clinton Correctional Facility Corr Officer 2021 Annual Base Pay $82,310 2021 source seethroughny.net
        2. home 2023aug1 Erik C Mesunas (518) 594-3412 851 Plank Rd Ellenburg Depot, NY 12935-2919, USA born 1965feb23
        3. openpayrolls.com 2023aug1 Erik C Mesunas Correctional Officer Dannemora, New York Doccs Clinton CF, Clinton County Erik C Mesunas (518) 594-3412
        4. Defebdabt in an NYND case 2023aug1 We describe a federal, trial court case. 9:22-CV-00156. ...... govinfo.gov Erik C Mesunas seems to have been a defendant in a trial court case in NYND, federal court. USCOURTS-nynd-9_22-cv-00156 Erik C. Mesunas, Defendant Christopher Miller, Defendant Darnell Moore, Defendant George Murphy, Defendant James O'Gorman, Defendant Aron J. Patterson, Defendant Erica Rizzo [related to a former mayor of Philadelphia?], Defendant Kevin Santo, Defendant Martin Snow, Defendant Terilee Stoddard, Defendant Nicholas Tripodi, Defendant Eric Velie, Defendant Anthony Villano, Defendant
        5. Pistol permit 2023sep6 As far as we know, a pistol permit seems to gave been issued to: MESUNAS,ERIK C MESUNAS,ERIK,C,,,NY. The permit recipients are not necessaily DoCCS officers. our source: M-Mi, 1.9 MB
      5. KERRI MONTGOMERY 2023aug24
        1. seethroughny.net Montgomery, Kerri S DoCCS $101,910 Coxsackie Correctional Fac 2021 Corr Sergeant Annual Base Pay ‚$83,927 2021
        2. Miscellany 2023aug1 (518) 374-5140 Kerri S Montgomery age 38 previously in Troy, NY (Troy, NY, Area Code 518 source wirefly.com)
      6. SARAH TOMPKINS 2023aug11
        1. seethroughny.net Tompkins, Sarah L DoCCS $79,956 Green Haven C.F. Correction Officer Annual Base $74,191 2021
        2. Possible address and phone 2023aug12
          1. nuwber.com Sarah L Tompkins 52 Sheldon Rd, Wingdale, NY born 25 July 1976 (845) 832-0472. Sarah L Tompkins PO Box 510, Philmont, NY, 12565-510
          2. Miscellany Sarah L Tompkins Wingdale, NY
      7. ALEXANDER VOITSEKHOVSKI 2023aug24
        1. "I," not "y" VOITSEKHOVSKI ("i" at the end), not Voitsekhovsky ("y" at the end) This litigant is not the artist and physician Alexander Voitsekhovsky, who was born in 1964 in Moscow.
        2. seethroughny.net Voitsekhovski, Alexander DoCCS 2021 gross $34,049 Coxsackie Correctional Facikity Correction Officer annual base $63,265 2021
        3. Altamont According to a web page of timesunion.com, he seems to have bought realty in 2013 in Altamont, NY. We don't have corroboration of this report of an Altamont purchase by Voitsekhovski. We don't know where he lives. timesunion.com Deeds & Deals early 2013 Alexander Voitsekhovski bought property on 110 and 112 Helderberg Ave from HSBC Mortgage Services Inc. for $140,500 about 112 Helderberg Ave realtor.com 112 Helderberg Ave Altamont, NY 12009


    4. Miscellaneous info about the court case 2023sep5 ______ case number 1:21-cv-535 (MAD/CFH) CFH was the first judge. MAD was the second judge. She decided the case. To read MAD's twenty-page MEMORANDUM-DECISION AND ORDER, which includes the judge's analysis of the case, click the picture below. NYND judge's signature deciding anti-HALT Solitary case
    5. Excerpt from fhe court's brief Judgnentment 16 June 2022 2023aug31 "JUDGMENT IN A CIVIL CASE ... IT IS ORDERED AND ADJUDGED that Defendants' motion to dismiss is GRANTED; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Defendants' favor and close this case, all of the above pursuant to the Memorandum-Decision and Order of the Honorable Judge Mae A. D’Agostino ..." To read more of the Judgment, click the picture below. NYND signature on document about D'Agostino's solitary confinement decision 16 June 2022
    6. NYSCOPBA 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. For more information about the two lawyers, go to our page which lists many lawyers, find the groip of lawyers he or she is in, then click the link to the web page for that group.
    7. Result of case Judge Mae A. D'Agostino decided the solitary confinement case on 16 June 2022. She dismissed the Complaint. This was a big defeat for the Lippes firm's Albany office. The NY AG's lawyers defeated Lippes's Emily Grace Hannigan and Gregory Taylor Myers. NY state government defeated NYSCOPBA. The defendants defeated the plaintiffs.

LIST OF OUR LIPPES-SHEEHAN PAGES

  1. Introduction
  2. Attorneys and other people:       A-J        K-Z
  3. Litigation
    Clients:   A-I   Classes   J-R   S-Z
    
    Court cases
  4. Political payments
    1. Introduction to contributors:    A-J    K-Z
    2. State Street Associates PAC








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