PALADIUM

opinion and publicly available information, often including home addresses, about people most of whom are or were government officers or employees

https://paladium.nfshost.com


NEW YORK STATE COURT OFFICERS

ALBANY OFFICE OF LMWF (LIPPES MATHIAS WEXLER FRIEDMAN LLP)

LITIGATION CLIENTS J-R


Lippes Mathias Wexler Friedman LLP
and
Sheehan Greene Golderman & Jacques

  1. List of litigation clients J-R 2023aug12
    1. Johnson and other retired C.O.s
      1. Lyndon S. JOHNSON
      2. David Bowhall
      3. Morris A. Darling
      4. Leonard Davidow
      5. Larry Rivenburg
    2. Kaler: TERRY P. KALER
    3. Levy: JEFFREY H. LEVY and other parole officers
    4. Malinowski and Powers: KEITH A. MALINOWSKI and MICHAEL POWERS
    5. McPhillips: RICHARD MCPHILLIPS and NYSCOPBA
    6. Norde: PEDRO A. NORDE
    7. NYSCOPBA New York State Correctional Officers and Police Benevolent Association, Inc.

  2. Names of J-R clients and brief descriptions of their cases

    1. Johnson and other retired C.O.s
      1. 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
      2. Five Plaintiff-C.O.s
        1. David Bowhall
          1. 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.
          2. Possible, Recent Address
            1. 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
            2. 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
        2. 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
        3. Leonard Davidow
          1. 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
          2. 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]
        4. Lyndon S. JOHNSON
          1. 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.
          2. Address
            1. locatefamily.com Cadyville 26 Porky Ryan Road Johnson Lyndon 518-293-8595 Cadyville 26 Porky Ryan Road Lyndon Johnson 518-293-8112
            2. 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
        5. Larry Rivenburg
          1. 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
          2. 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
          3. 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

    2. Kaler: TERRY P. KALER
      1. 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.

    3. Levy: Jeffrey H. Levy and other parole officers
      1. Introduction Jeffrey H. Levy warrant and transfer officer, Parole Divison
      2. 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.

    4. MALINOWSKI: Keith A. Malinowski 2022nov25
      1. 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.
      2. 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)
      3. Results of Litigation
        1. Events in court Two petitioners sued the state government in trial court. The government won. Both petitioners appealed. The government won.
        2. Parties The respondents (in trial court and in appeal court) defeated the petitioners-appellants.
        3. 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..
      4. Post-Albion Work Place
        1. 2021 DoCCS discriminated against him in Albion prison. He later worked in Elmira CRC prison. Malinowski, Keith A DoCCS ELMIRA CRC in 2021 gross $175,199; Corr Officer base pay $74,191
        2. 2020 Malinowski, Keith A DoCCS gross $162,650 Elmira Correctional & Recep Ctr Corr Officer annual base pay $68,238 2020
      5. 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
      6. 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.
      7. Spokeo web site Below is some information from the Spokeo web site, edited by us.
        1. 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.
        2. Internet Accounts We (Spokeo) found Facebook and 80 more accounts. Facebook EMAIL MATCH googleplus Google+ EMAIL MATCH MySpace EMAIL MATCH Amazon EMAIL MATCH
        3. Age Note In this Spokeo section, the ages are as of early August 2021.

    5. MCPHILLIPS: Richard McPhillips
      1. 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.
      2. 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.
      3. 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.

    6. NORDE: Pedro A. Norde
      1. Introduction There's a state, court case and a federal, court case.
        1. State Court
          1. Introduction 2022nov25 Pedro A. Norde, a DoCCS C.O., was accused of:
            1. a few dozen, unauthorized phone contacts (in which he used his personal cell phone) with former prisoners, and
            2. 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. Attorney Thomas Daniel Latin represented Norde in the appeal. Latin died in June 2021 during the appeal. AD3, a state court, decided the appeal the day after Latin's death. We have the full text of AD3's opinion. AD3 decided for DoCCS.
          2. 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 Daniel Latin lost.
        2. 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
        3. 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
      2. 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.
      3. 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.]

    7. NYSCOPBA
      1. Introduction New York State Correctional Officers Police Benevolent Association, Inc. The Lippes-Sheehan law firm represented this union in court cases.

      2. A few examples from Google search
        1. 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)
        2. 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)
        3. 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)
        4. 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)


      3. Bell: Randy R. Bell 2022apr5
        1. 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.
        2. 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
        3. Sone defendants in the Bell-NYSCOPBA, federal case 2022apr17 Read skeptically and verify.
          1. 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.
          2. 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.
          3. Jim Bleu Defendant: Jim Bleu, RCF Corrections Officer and local NYSCOPBA Union President (resigned).
          4. 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
          5. 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.
          6. Steve Garabrandt Defendant: Steve Garabrandt, RCF Corrections Sergeant and local NYSCOPBA union representative for the Sergeants
          7. 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
          8. 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
          9. 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.
          10. 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
          11. Terry Pike
            1. Defendant Terry Pike, RCF Corrections Officer and local NYSCOPBA Union President (resigned).
            2. C.O. NYS C.O.: PIKE, TERRY G; CORR OFFICER; 59,043.00; ANN; Ogdensburg; 3-Oct-88; 10570 Riverview Correctional Fac
            3. Pistol Permittee A pistol permit was issued to: PIKE,TERRY G, 2.3 MB.
            4. Comment The defendant, the C.O., and the permittee may be different people.
          12. 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 much info about Powers on our page about NYSCOPBA staff and officers.
          13. Mike Sovie
            1. Defendant Mike Sovie, RCF Corrections Sergeant and NYSCOPBA union member
            2. NYS C.O. SOVIE, MICHAEL G; CORR SERGEANT; 68,592.00; ANN; Ogdensburg; 19-Oct-87; 10570 Riverview Correctional Fac
            3. Home clustrmaps.com 2023dec22 Michael G. Sovie now 1235 State St Ogdensburg, NY 13669 past 406 Oak St Ogdensburg, NY 13669 birth 1962 April 25 (315) 393-2952 (845) 667-4060


      4. HARRELL: Diane Harrell, Administratix
        1. Introduction 2023nov8 We guess that defendant NYSCOPBA was represemted by the Sheehan firm or by the Albany office of the Lippes firm.
        2. Case in federal, trial court 2023nov1 Plaintiff, Diane Harrell, Administratix of the Estate of Samuel D. Harrell, III short name of case Diane Harrell etc., Plaintiff, v. New York State Department of Corrections etc., et al., Defendants Case number 2015cv07065 (RA) Nature of Suit 440 Civil Rights - Other Civil Rights Cause 42:1983 Civil Rights Act Case Filed: 9 Sep 2015 Terminated: 7 Dec 2020 Judge: Ronnie Abrams UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
        3. Some defendants Below are names of some defendants. For some of the defendants, we provide information about Fishkill officers in 2015 with similar names. As far as we know, none of the defendats listed below lost.
          1. some defendants New York State Department of Corrections and Community Supervision (DOCCS), DOCCS Acting Commissioner Anthony J. Annucci, DOCCS Deputy Commissioner Joseph Bellnier, New York State Office of Mental Health (OMH), Ann Marie T. Sullivan, M.D., New York State Correctional Officers and Police Benevolent Association Inc. (NYSCOPBA), William Connolly
          2. Joseph Guarino
            1. Joseph M. Guarino, Fishkill CF sergeant 2015 source seethroughny.net Joseph M. Guarino Guarino, Joseph M; gross pay $109,327; Corr Sergeant; annual rate of base pay $84,347
            2. Amanda Fries's 2015 article
              1. oue source poughkeepsiejournal.com article nsmr "Prison staff remain on payrolls despite excessive force lawsuits" by Amanda Fries Poughkeepsie Journal 2015/09/30
              2. Quotations from the article Below are Guarino-related quotations from Fries's article.
                1. Harrell case "Indeed, [prisoner] Wells’ grievances were dismissed as unfounded, according to court papers, while at least two officers named in his lawsuit continued to work in the system in 2015, the Poughkeepsie Journal found. This includes Sgt. Joseph Guarino, who was also named in a separate excessive force lawsuit — it resulted in a $50,000 settlement — as well as in a third lawsuit, filed last month in connection with the death of a Fishkill inmate, Samuel Harrell, 30, in April. The new lawsuit alleges a psychotic Harrell was beaten and thrown down a flight of stairs, and the officers’ union conspired in a coverup. "In response to these allegations the New York State Correctional Officers & Police Benevolent Association, Inc., stated it does not comment on 'ongoing litigation. ...'" Who is the NYSCOPBA person who stated it does not comment on ongoing litigation?
                2. many anti-Guarino cases and grievances "Guarino, the Fishkill correctional sergeant named in the Wells and Wilson lawsuit settlements and the Harrell lawsuit, was, by his own admission, the subject of 30 inmate grievances a year [a huge number], court records show."
                3. court cases "[Attorney Terrizzi said:] 'Sgt. Guarino has been sued a number of times ...'"
                4. About 27% in 2013 "Fishkill prison had 113 grievances that year [2013] ..." Recall from above in our discussion of the Journal's article, that Guaruno seems to have said that thirty a year pertain to him.
            3. U.S. Navy? source westchester.news12.com Dutchess County honors sacrifice U.S. Navy Veteran Joseph Guarino. Dutchess County
            4. Address 2023nov8 Joseph M "Joe" Guarino 68 yrats old Joseph M Guarino | PO Box 659 Fishkill, NY (845) 896-7387 465 All Angels Hill Rd Hopewell Junction, NY 12533
          3. more defendants Anderson, Beroni
          4. Justin T. Charpentier 2023nov7
            1. DoCCS C.O. in 2015 source seethroughny.net Charpentier, Justin Robert; gross pay $63,859; C.O.; annual rate of base pay $56,177 Notice that the defendant's middle initial is "T" but the C.O.'s middle name is "Robert." Perhaps they are different people.
            2. C.O.'s home Justin R Charpentier He seems to live in Dutchess County: 36 E Halstead Road Salt Point, NY 12578 USA. (845) 518-2648 born August 27, 1978 Arirondack Anateur Baseball League
          5. more defendants DeFreese, Thomas A. Dickenson
          6. Bryan W. Eull 2023nov8
            1. C.O: at Fishkill 2015 source seethroughny.net Eull, Bryan W; gross pay $65,007; C.O.; annual rate of base pay $52,533
            2. home 2023nov8 Bryan W Eull birth Mar 1982 (845) 778-3987 344 Beamer Rd, Walden, NY 12586
          7. Martin Michels 2023nov8
            1. Fishkill C.O. 2015 source seethroughny.net Michels, Martin E; gross pay $72,162; C.O.; annual rate of base pay $65,878
            2. Miscellany 2023nov8 Martin E Michels 39 years old 11 Shelley Road Poughkeepsie, NY 12603 (845) 380-4103 (845) 463-2627
          8. Connor
          9. Justin M. Sorensen source seethroughny.net Sorensen, Justin M; gross pay $71,921; C.O.; annual rate of base pay $59,821 Fishkill CF
          10. John A. Yaeger
        4. Summary related to defendant NYSCOPBA We don't know what happened. Below is a summary of various statements made in various, court papers. On 21 April 2015, Samuel Harrell was imprisoned at Fishkill Correctional Facility. He said that he was leaving the prison. According to the plainriff: many Fishkill C.O.s responded by tackling prisoner Harrell to the ground and beating him, thus causing his death. Plaintiff Diane Harrell claimed that:
          1. to cover up their actions, some Fishkill C.O.s falsely reported (to the hospital where prisoner Harrell was taken) that he had overdosed.
          2. Solitary confinement and threats were used to obstruct investigation.
          The Orange County Medical Examiner determined that Samuel Harrell's death was a homicide caused by a physical altercation with C.O.s. Diane Harrell, the plaintiff and administratix of the dead prisoner's estate, sued many defendants; for example, NYSCOPBA. She accused NYSCOPBA of misconduct; for example, she accused a union spokesperson of misconduct. NYSCOPBA moved that it be dismissed as a defendant. The court dismissed NYSCOPBA. NYSCOPBA won. Plaintiff Harrell lost against NYSCOPBA. We don't know what happened. We don't know who did what.


      5. HEALTH: health isurance arbitration 2009 appeal in state court about health insurance arbitration
        1. Introduction 2022aug19 A state, trial court stopped arbitration of a health insurace dispute. NYSCOPBA appealed to AD3 but lost.
        2. 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 POLICE BENEVOLENT 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
        3. 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. An appeal court respondent defeated the appeal court appellant.
        4. Our main source about NYSCOPBA's health appeal A copy of the appeal court's 2009 Opinion and Order is in a PDF file. To see the file, click the picture below. court clerk's 2009 signature in NYSCOPBA health arbitration appeal We got the PDF from decisions.courts.state.ny.us.

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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