On April 21, 2016 I reported on this blog that, according to my source, Rich Pagillo, a police officer son of judge Yvonne Pagillo of Hobart and Watlon Village courts, has been dispatched to Texas to get a new "K-9" "unit".
I remind my readers that Delaware County, NY recently acquired an imported untrained German Shepherd pup (1 year old) by the name of Neron for $7,000 (!) and is claiming that the dog exists on donations from the public, but refuses to release records of donations on FOIL requests.
Lo and behold, the local newspaper, Walton Reporter reported on yesterday, on May 11, 2016, that the Town Colchester approved the dog for Rich Pagillo (after much debates) only now, while he reportedly picked up the dog a month ago?
Was the Town of Colchester aware that the dog was already a done deal before it went to voting?
And, same as in Delhi, NY, it was claimed by Pagillo that the dog will exist on donations only, and that Pagillo HIMSELF (a police officer!) will be running fundraisers to support the dog.
In other words, the Town of Colchester purchased a perfect excuse for drug corruption within its jurisdiction - whoever supports the dog, is free from investigation and prosecution.
So, since the Tractor Supply in Delhi, NY is now supporting TWO police dogs - from Delaware County and from the Town of Colchester, it can run drugs run through its cash system, nobody will investigate it, and the same for SUNY Delhi with vet care. Vet care routinely involves a narcotic inventory as painkillers. So, there will be no investigation or prosecution of improper storage of handling of drugs by the SUNY Delhi vet care unit.
The interesting part is that, at the very least, it was disclosed that the donations for the dog's care will be channeled through a non-profit.
Of course, I will FOIL the Town of Colchester for the name of the non-profit and then the non-profit for the donations and handling the donations.
It may be an interesting discovery, so - stay tuned.
Thursday, May 12, 2016
Will the lawsuit against the sexual predator in black robe, Arkansas judge Boeckman, be dismissed on judicial immunity grounds?
I wrote yesterday in this blog about a sexual predator, Judge Boeckman of Arkansas, who traded lenient sentences for sex with young boys, and for nude photos of these young boys and men.
There is a civil lawsuit reportedly filed against the judge alleging intentional infliction of emotional distress, abuse of process, assault and battery.
I wonder whether the lawsuit for this abominable conduct will also be dismissed on judicial immunity grounds.
Most likely, it will be.
My question is - for how long will the shameful concept of judicial immunity, protecting criminals on the bench, allowed by the citizens of this country to exist?
There is a civil lawsuit reportedly filed against the judge alleging intentional infliction of emotional distress, abuse of process, assault and battery.
I wonder whether the lawsuit for this abominable conduct will also be dismissed on judicial immunity grounds.
Most likely, it will be.
My question is - for how long will the shameful concept of judicial immunity, protecting criminals on the bench, allowed by the citizens of this country to exist?
Wednesday, May 11, 2016
The quick-fix job by New York State Chief Judge Janet DiFiore for the employer of her husband - the woman has no shame
When Chief Judge Janet Difiore was "nominated" for the position of Chief Judge by her buddy Andrew Cuomo, I asked the New York State Senate permission to orally testify in opposition.
I was denied that opportunity.
I submitted written testimony anyway, asking to investigate and criminally prosecute DiFiore for corruption, specifically involving gaming industry and covering up Cuomo's connections with such industry when she was the Chief of Public Ethics Commission, and for her criminal behavior in the "nanny scandal".
DiFiore's shenannigans in how she did that coverup are described in a book, and I pointed out that the book's author for the New York State Senate, and witnesses identified in the book, press and blogs who could can help investigate DiFiore.
I also pointed out that, after DiFiore covered up for Andrew Cuomo, Andrew Cuomo returned the favor by
(1) appointing DiFiore's husband Dennis Glazer to the casino-citing board,
(2) opposing previous Chief Judge Lippman's stance to increase mandatory retirement age so that Cuomo would be able to nominate DiFiore once Lippman retires, and by
(3) nominating DiFiore for the position of Chief Judge - to fix cases for Cuomo further.
My written testimony was disregarded.
DiFiore was confirmed as New York Chief Judge.
First, DiFiore put Cuomo next to herself among judges of the court and had her subordinate Judge Pigott call Cuomo "Judge Cuomo".
Then she dismissed my constitutional disciplinary appeal as of right, as if it was discretionary, in retaliation for testifying against her confirmation and asking to criminally investigate and prosecute herself and her husband for corruption.
Then she started to continue to fix cases for the gaming industry - the industry where her husband works and where her benefactor Cuomo has ties.
In yesterday's decision in Kent v Lefkowitz, where DiFiore authored the opinion, not only DiFiore did not reject the appeal "for lack of constitutional question" or on some such other grounds, but she accepted the appeal, even though Judge Pigott said at DiFiore's confirmation that the New York State Court of Appeals has a policy of choosing its own cases - even when it is mandated to review a case by the New York State Constitution and New York jurisdictional statutes.
So, first of all, the New York Court of Appeals, under the guidance of DiFiore, somehow chose to "pick" a case where a decision adverse to a gaming and wagering board was made by the appellate court below.
Such use of "discretion" after DiFiore, with her own, her husband's and her benefactor Cuomo's ties to the gaming industry, was already suspect.
Then, DiFiore did not recuse from the decision where her participation obviously raised issues of "appearance of impropriety", in view, once again, of her husband's connections to the gaming industry, her benefactor Cuomo's connections to the same industry that she covered up as Chairperson of the Commission for Public Ethics.
DiFiore actually, on the opposite, made sure she presided over the case, authored the decision, and reversed the decision of the lower court adverse to the gaming industry.
The issue was that
"[i]n January 1996, respondent New York State Racing and Wagering Board (the Racing Board) reduced per diem wages for its seasonal employees by 25%.
In response, the Public Employees Federation, AFL-CIO (PEF) filed an improper practice charge, alleging that the reduction in wages violated Civil Service Law § 209-a (1) (d). "
So, the issue was wage discrimination of seasonal workers in races whose pay as cut 1/4 - while DiFiore's own pay was raised this year, by the way, without budgetary allocations.
Imagine inflation growing, taxes growing, costs of living growing - and 1/4 of your wage being cut off.
But, the rights of some low-life seasonal workers do not matter much where there is a chance to fix a case for her benefactor, Andrew Cuomo, and the gaming industry that DiFiore's husband and Cuomo are connected with.
The lower court decision unfavorable to the gaming industry was actually made on July 17, 2014 by the 3rd Department.
Please, note the footnote (no pun intended) in the 3rd Department's July 17, 2014 decision indicating that
"1. Effective February 1, 2013, the Board merged into a newly-created entity known as the New York State Gaming Commission (see Racing, Pari-Mutuel Wagering and Breeding Law § 102)."
Once again, the Respondent in the action is the New York State Gaming Commission.
Please, note also the decision of Respondent, the New York State Gaming Commission, made 10 days before the decision of the 3rd Department was made, on July 7, 2014:
Judge Leslie Stein dissented in the 3rd Department decision against the New York Gaming Board.
And was rewarded by Cuomo with a nomination to the New York State Court of Appeals - for her dissent and for ruling Cuomo's way within a week after her nomination in another case that was important for Cuomo, our DEC case that had the potential to reverse multiple civil and criminal sanctions against New York landowners on constitutional grounds.
Cuomo-driven NYS Gaming Commission, a party Respondent in a lawsuit, during the pendency of an appeal in the 3rd Department, appoints the husband of Cuomo's friend DiFiore, Dennis Glazer, to a lucrative position, the New York Gaming Facility Location Board.
After an appellate decision disfavorable to the Respondent Gaming Board, Cuomo appoints Gaming Board's nominee Dennis Glazer's wife Janet DiFiore to the position of the Chief Judge of the New York State Court of Appeals.
The wife immediately takes the bull by the horns, fixes the case for the Gaming Board, reverses the 3rd Department's decision and reinstates the unlawful 1/4 wage cut of seasonal workers.
I wonder what kind of tricks were additionally involved to have the case drag on for TWO YEARS since it was decided by the 3rd Department on July 17, 2014, so that Lippman would retire and DiFiore gets the wheel of the New York State Court of Appeals.
But, even the corrupt judge Fahey, apparently, could not swallow such an adamant bending of the truth, and dissented:
==
I respectfully dissent and would affirm the Appellate Division order. The side letter agreement (side letter) is the product of a negotiation between the New York State Public Employees Federation, AFL-CIO (PEF) and respondent New York State Governor's Office of Employee Relations. Both of those sophisticated entities are well schooled in the art of negotiation. To say that PEF implicitly agreed to a 25% wage reduction strains credulity.
...
Said another way, in assessing the side letter we should not confuse quantity with specificity so as to conclude that the absent item is present. "
Imagine!
A judge is writing this about his boss, the Chief Judge, practically accusing her of fixing the case based on something she invented rather than on the record!
But, dissent or no dissent, the decision was made, and I wonder whether there were any constitutional questions raised in the process that would entitle further appeal to the U.S. Supreme Court.
What I also wonder about is this.
Here are the lawyers arguing the case in the New York State Court of Appeals:
David P. Quinn, for appellants Lefkowitz, et al.
Julie M. Sheridan, for appellants New York State Governor's Office of Employee Relations, et al.
Lisa M. King, for respondent.
Here are the lawyers arguing the case in the 3rd Department:
Lisa M. King, New York State Public Employees Federation, AFL-CIO, Albany (Steven M. Klein of counsel), for appellant.
David P. Quinn, New York State Public Employment Relations Board, Albany (Alicia L. McNally of counsel), for New York State Public Employment Relations Board and another, respondents.
My question is - if I found the connection and a disqualifying conflict of interest between DiFiore and the Respondent Gaming Board in two seconds, on the Internet, in public access, without leaving my arm-chair and laptop, why attorneys for the parties could not do the same, did not raise this issue and did not make a motion to recuse DiFiore?
They were too afraid of losing their law licenses? To the point of selling out their clients?
So now, dear seasonal workers, because of cowardice of your attorneys who did not make a motion to recuse a corrupt judge who was very clearly appointed to the court to fix this case for the gaming industry, you can kiss 1/4 of your wages goodbye.
Sorry, folks, but DiFiore's benefactor, and his masters, needed their pet judge to do a job, even if you, your families and the law were to be collateral damage in that "job".
And she did it all right.
The seasonal workers' 1/4 wage cut is now reinstated.
The gaming industry can now save a bunch of money - on the backs of seasonal workers.
I wonder if DiFiore will get her kickback in hard cash or "in kind" for her hard work.
Does she do hunting trips?
I was denied that opportunity.
I submitted written testimony anyway, asking to investigate and criminally prosecute DiFiore for corruption, specifically involving gaming industry and covering up Cuomo's connections with such industry when she was the Chief of Public Ethics Commission, and for her criminal behavior in the "nanny scandal".
DiFiore's shenannigans in how she did that coverup are described in a book, and I pointed out that the book's author for the New York State Senate, and witnesses identified in the book, press and blogs who could can help investigate DiFiore.
I also pointed out that, after DiFiore covered up for Andrew Cuomo, Andrew Cuomo returned the favor by
(1) appointing DiFiore's husband Dennis Glazer to the casino-citing board,
(2) opposing previous Chief Judge Lippman's stance to increase mandatory retirement age so that Cuomo would be able to nominate DiFiore once Lippman retires, and by
(3) nominating DiFiore for the position of Chief Judge - to fix cases for Cuomo further.
My written testimony was disregarded.
DiFiore was confirmed as New York Chief Judge.
First, DiFiore put Cuomo next to herself among judges of the court and had her subordinate Judge Pigott call Cuomo "Judge Cuomo".
Then she dismissed my constitutional disciplinary appeal as of right, as if it was discretionary, in retaliation for testifying against her confirmation and asking to criminally investigate and prosecute herself and her husband for corruption.
Then she started to continue to fix cases for the gaming industry - the industry where her husband works and where her benefactor Cuomo has ties.
In yesterday's decision in Kent v Lefkowitz, where DiFiore authored the opinion, not only DiFiore did not reject the appeal "for lack of constitutional question" or on some such other grounds, but she accepted the appeal, even though Judge Pigott said at DiFiore's confirmation that the New York State Court of Appeals has a policy of choosing its own cases - even when it is mandated to review a case by the New York State Constitution and New York jurisdictional statutes.
So, first of all, the New York Court of Appeals, under the guidance of DiFiore, somehow chose to "pick" a case where a decision adverse to a gaming and wagering board was made by the appellate court below.
Such use of "discretion" after DiFiore, with her own, her husband's and her benefactor Cuomo's ties to the gaming industry, was already suspect.
Then, DiFiore did not recuse from the decision where her participation obviously raised issues of "appearance of impropriety", in view, once again, of her husband's connections to the gaming industry, her benefactor Cuomo's connections to the same industry that she covered up as Chairperson of the Commission for Public Ethics.
DiFiore actually, on the opposite, made sure she presided over the case, authored the decision, and reversed the decision of the lower court adverse to the gaming industry.
The issue was that
"[i]n January 1996, respondent New York State Racing and Wagering Board (the Racing Board) reduced per diem wages for its seasonal employees by 25%.
In response, the Public Employees Federation, AFL-CIO (PEF) filed an improper practice charge, alleging that the reduction in wages violated Civil Service Law § 209-a (1) (d). "
So, the issue was wage discrimination of seasonal workers in races whose pay as cut 1/4 - while DiFiore's own pay was raised this year, by the way, without budgetary allocations.
Imagine inflation growing, taxes growing, costs of living growing - and 1/4 of your wage being cut off.
But, the rights of some low-life seasonal workers do not matter much where there is a chance to fix a case for her benefactor, Andrew Cuomo, and the gaming industry that DiFiore's husband and Cuomo are connected with.
The lower court decision unfavorable to the gaming industry was actually made on July 17, 2014 by the 3rd Department.
Please, note the footnote (no pun intended) in the 3rd Department's July 17, 2014 decision indicating that
"1. Effective February 1, 2013, the Board merged into a newly-created entity known as the New York State Gaming Commission (see Racing, Pari-Mutuel Wagering and Breeding Law § 102)."
Once again, the Respondent in the action is the New York State Gaming Commission.
Please, note also the decision of Respondent, the New York State Gaming Commission, made 10 days before the decision of the 3rd Department was made, on July 7, 2014:
Judge Leslie Stein dissented in the 3rd Department decision against the New York Gaming Board.
And was rewarded by Cuomo with a nomination to the New York State Court of Appeals - for her dissent and for ruling Cuomo's way within a week after her nomination in another case that was important for Cuomo, our DEC case that had the potential to reverse multiple civil and criminal sanctions against New York landowners on constitutional grounds.
Cuomo-driven NYS Gaming Commission, a party Respondent in a lawsuit, during the pendency of an appeal in the 3rd Department, appoints the husband of Cuomo's friend DiFiore, Dennis Glazer, to a lucrative position, the New York Gaming Facility Location Board.
After an appellate decision disfavorable to the Respondent Gaming Board, Cuomo appoints Gaming Board's nominee Dennis Glazer's wife Janet DiFiore to the position of the Chief Judge of the New York State Court of Appeals.
The wife immediately takes the bull by the horns, fixes the case for the Gaming Board, reverses the 3rd Department's decision and reinstates the unlawful 1/4 wage cut of seasonal workers.
I wonder what kind of tricks were additionally involved to have the case drag on for TWO YEARS since it was decided by the 3rd Department on July 17, 2014, so that Lippman would retire and DiFiore gets the wheel of the New York State Court of Appeals.
But, even the corrupt judge Fahey, apparently, could not swallow such an adamant bending of the truth, and dissented:
==
I respectfully dissent and would affirm the Appellate Division order. The side letter agreement (side letter) is the product of a negotiation between the New York State Public Employees Federation, AFL-CIO (PEF) and respondent New York State Governor's Office of Employee Relations. Both of those sophisticated entities are well schooled in the art of negotiation. To say that PEF implicitly agreed to a 25% wage reduction strains credulity.
...
Said another way, in assessing the side letter we should not confuse quantity with specificity so as to conclude that the absent item is present. "
Imagine!
A judge is writing this about his boss, the Chief Judge, practically accusing her of fixing the case based on something she invented rather than on the record!
But, dissent or no dissent, the decision was made, and I wonder whether there were any constitutional questions raised in the process that would entitle further appeal to the U.S. Supreme Court.
What I also wonder about is this.
Here are the lawyers arguing the case in the New York State Court of Appeals:
David P. Quinn, for appellants Lefkowitz, et al.
Julie M. Sheridan, for appellants New York State Governor's Office of Employee Relations, et al.
Lisa M. King, for respondent.
Here are the lawyers arguing the case in the 3rd Department:
Lisa M. King, New York State Public Employees Federation, AFL-CIO, Albany (Steven M. Klein of counsel), for appellant.
David P. Quinn, New York State Public Employment Relations Board, Albany (Alicia L. McNally of counsel), for New York State Public Employment Relations Board and another, respondents.
My question is - if I found the connection and a disqualifying conflict of interest between DiFiore and the Respondent Gaming Board in two seconds, on the Internet, in public access, without leaving my arm-chair and laptop, why attorneys for the parties could not do the same, did not raise this issue and did not make a motion to recuse DiFiore?
They were too afraid of losing their law licenses? To the point of selling out their clients?
So now, dear seasonal workers, because of cowardice of your attorneys who did not make a motion to recuse a corrupt judge who was very clearly appointed to the court to fix this case for the gaming industry, you can kiss 1/4 of your wages goodbye.
Sorry, folks, but DiFiore's benefactor, and his masters, needed their pet judge to do a job, even if you, your families and the law were to be collateral damage in that "job".
And she did it all right.
The seasonal workers' 1/4 wage cut is now reinstated.
The gaming industry can now save a bunch of money - on the backs of seasonal workers.
I wonder if DiFiore will get her kickback in hard cash or "in kind" for her hard work.
Does she do hunting trips?
New York Chief Judge Janet DIFiore recognizes appeals "as of right" - for the gaming industry only, in order to fix a case for her benefactors
I wrote on this blog that a judge of New York State Court of Appeals Eugene Pigott claimed at the swearing-in proceeding of the new Chief Judge Janet DiFiore on February 8, 2016 that the court gets to "pick" its cases.
I also wrote that such policy was in violation of New York State Constitution and statutes establishing "as of right" appeals to the New York State Court of Appeals.
I described 4 appeals "as of right", filed on behalf of myself or my husband, that were dismissed unlawfully by the New York State Court of Appeals as if they are discretionary between 2011 and 2016, including one by Janet DiFiore personally, after I testified before New York Senate asking to investigate and prosecute DiFiore criminally for corruption instead of elevating her to the position of New York Chief Judge.
Yet, with all of the dismissals of "as of right appeals", yesterday, Janet DiFiore suddenly saw the light and admitted an appeal "as of right" to be heard by the court, and even authored the decision of the court and reversed the decision in the court below.
In that decision, she acknowledges that the appeal was "as of right":
"Respondents — PERB (and its Chairman), GOER, and the Racing Board — appeal as of right pursuant to CPLR 5601 (a)".
So, Janet DiFiore recognizes that appeals "as of right" to her court exist - with one small exception.
Such an appeal must be filed by those who she has connections with and for whom she is willing to risk her career to fix a court case.
The appeal "as of right" in question that DiFiore fixed for the gaming industry was filed by an administrative board connected with the gaming industry, the industry with which DiFiore, her husband and her benefactor Cuomo who recently nominated her to her position as Chief Judge - have connections.
So, hallelujah! The law works - for people with connections.
We will see how the same precedent will play out if used in favor of somebody as disfavored and hated by DiFiore as I am.
I will cover the case DiFiore fixed yesterday in more detail in the next blog.
Stay tuned.
I also wrote that such policy was in violation of New York State Constitution and statutes establishing "as of right" appeals to the New York State Court of Appeals.
I described 4 appeals "as of right", filed on behalf of myself or my husband, that were dismissed unlawfully by the New York State Court of Appeals as if they are discretionary between 2011 and 2016, including one by Janet DiFiore personally, after I testified before New York Senate asking to investigate and prosecute DiFiore criminally for corruption instead of elevating her to the position of New York Chief Judge.
Yet, with all of the dismissals of "as of right appeals", yesterday, Janet DiFiore suddenly saw the light and admitted an appeal "as of right" to be heard by the court, and even authored the decision of the court and reversed the decision in the court below.
In that decision, she acknowledges that the appeal was "as of right":
"Respondents — PERB (and its Chairman), GOER, and the Racing Board — appeal as of right pursuant to CPLR 5601 (a)".
So, Janet DiFiore recognizes that appeals "as of right" to her court exist - with one small exception.
Such an appeal must be filed by those who she has connections with and for whom she is willing to risk her career to fix a court case.
The appeal "as of right" in question that DiFiore fixed for the gaming industry was filed by an administrative board connected with the gaming industry, the industry with which DiFiore, her husband and her benefactor Cuomo who recently nominated her to her position as Chief Judge - have connections.
So, hallelujah! The law works - for people with connections.
We will see how the same precedent will play out if used in favor of somebody as disfavored and hated by DiFiore as I am.
I will cover the case DiFiore fixed yesterday in more detail in the next blog.
Stay tuned.
Yet another sexual predator in a black robe - now in Arkansas was allowed to run amok because attorneys were too afraid to report his crimes
An Arkansas judge, Joseph Boeckmann, was caught having thousands of pictures of nude criminal defendants to whom the judge gave more lenient sentences, allegedly in exchange for sex.
The judge ordered defendants to do "community service" - at his home.
By first paddling their butts, having sex with them and taking nude photos of them.
Over 4,500 nude photos, to be exact.
The discipline?
Resignation.
Since the judge resigned and was not taken off the bench, most likely, he will preserve his pension.
There is an indication that the judge may be charged for involuntary sexual conduct with defendants - but not "inconvenienced in any way", even when he skipped his court date.
And, the sexual predator remains a licensed attorney with no record of public discipline.
It took not one day and, most likely, not one year to acquire over 4,500 nude pictures of defendants.
There are other people always present in the courtroom - prosecutors, defense attorneys, guards, stenographers, clerks.
They must have seen - many times - that the judge is handing written notes with his telephone number to defendants.
When a judge instructs a defendant "to strip naked and bend over, handcuffed, inside an Arkansas courtroom while he snapped photographs, up close", many people must have seen that - plus, there are security cameras in the court buildings.
Why as this judge allowed to snap not one, not two, but 4,500 nude pictures of young men and coerce them into sex in exchange for lenient sentences?
Nobody was interested to report the judge - in years?
Or, people were deadly afraid to report, for fear of losing their livelihoods?
What kind of country have we become?
Now, since attorney Otto Joseph Boeckmann is still licensed, take your child to him for his representation and protection.
Or write to local prosecutors to have him locked him up.
Whichever you deem more appropriate.
The judge ordered defendants to do "community service" - at his home.
By first paddling their butts, having sex with them and taking nude photos of them.
Over 4,500 nude photos, to be exact.
The discipline?
Resignation.
Since the judge resigned and was not taken off the bench, most likely, he will preserve his pension.
There is an indication that the judge may be charged for involuntary sexual conduct with defendants - but not "inconvenienced in any way", even when he skipped his court date.
And, the sexual predator remains a licensed attorney with no record of public discipline.
It took not one day and, most likely, not one year to acquire over 4,500 nude pictures of defendants.
There are other people always present in the courtroom - prosecutors, defense attorneys, guards, stenographers, clerks.
They must have seen - many times - that the judge is handing written notes with his telephone number to defendants.
When a judge instructs a defendant "to strip naked and bend over, handcuffed, inside an Arkansas courtroom while he snapped photographs, up close", many people must have seen that - plus, there are security cameras in the court buildings.
Why as this judge allowed to snap not one, not two, but 4,500 nude pictures of young men and coerce them into sex in exchange for lenient sentences?
Nobody was interested to report the judge - in years?
Or, people were deadly afraid to report, for fear of losing their livelihoods?
What kind of country have we become?
Now, since attorney Otto Joseph Boeckmann is still licensed, take your child to him for his representation and protection.
Or write to local prosecutors to have him locked him up.
Whichever you deem more appropriate.
Tuesday, May 10, 2016
Otsego County DSS has a brand spanking new policy: assignment of counsel at a pre-filing stage of a child protective proceeding without a court order. Otsego County DSS changed New York Family Court Act - without having any authority to do that, simply to dupe the parent out of her rights
Ok, here is a little bit of law about what is going on with Barbara O'Sullivan's grandchild.
All actions of Social Services in such a case are governed by Article 10 of the Family Court Act.
Family Court Act allows a temporary removal of the child on consent of parent, Section 1021.
There is no consent of Alecia Bracci for removal of her child.
Of course, when no child neglect petition is filed, a court can issue a pre-filing temporary order of removal - if there are grounds for it, Family Court Act 1022.
There are no grounds for removal of the child in this case, and it is very obvious that no judge will sign such an order, especially that all judges in the area are involved in this controversy one way or another.
An attorney can be assigned to a parent in child neglect proceedings in New York only if the child is removed upon a court order, Family Court Act 1022-A, not when social services are trying to coerce the parent to remove the child "on consent".
Otsego County DSS worker was trying to coerce Alecia Bracci to "talk" to the social worker without an attorney, Alecia insisted she will only speak with an attorney present, and that she does not have funds for an attorney.
The social worker immediately offered to Alecia to "have an attorney appointed", and to "bring paperwork" to apply for an attorney.
Yet, the DSS worker knew that before a child neglect petition is filed, an attorney cannot be assigned, unless there is a court order.
There is no court order under FCA 1022 at this time.
There is also a procedure for an "emergency removal" under Section 1024 of the Family Court Act.
The emergency removal is not warranted because (1) there is enough time to apply for a court order, which was not done by DSS of Otsego County (where the baby is now), and (2) because there are no grounds for the emergency removal.
Moreover, there is a specific provision in the Family Court Act 1024 when a hospital seizes the child on request of social services, Family Court Act 1024 (d) and (e):
==
d) Where the physician keeping a child in his custody pending action by the local department of social services or appropriate police authorities does so in his capacity as a member of the staff of a hospital or similar institution, he shall notify the person in charge of the institution, or his designated agent, who shall then become responsible for the further care of such child.
(e) Any physician keeping a child in his custody pursuant to this section shall have the right to keep such child in his custody until such time as the custody of the child has been transferred to the appropriate police authorities or the social services official of the city or county in which the physician maintains his place of business.
If the social services official receives custody of a child pursuant to the provisions of this section, he shall promptly inform the parent or other person responsible for such child's care and the family court of his action.
==
At this time, here is what we have:
1) social services did not formally "receive custody of the child" under Family Court Act 1024 (e), because they did not notify the parent of that removal;
2) there is no court order of removal under FCA 1022,
3) there is no consent for removal of the child by the parent under FCA 1021, and
There is a seizure of the child by the hospital, complete with a lock on the child's foot:
So, at this time Basset Hospital is violating Alecia Bracci's constitutional rights and is facing a major lawsuit in the future, as well as the Otsego and Delaware County Departments of Social Services and individuals who personally participated in violation of Alecia Bracci's rights.
Moreover, when the Otsego County DSS was trying to coerce the mother to "just talk" to them and were telling the mother that the hospital will not release the child unless she talks to social services, DSS knew that they had no authority to coerce the mother into any kind of talking, because such procedure is not part of the Family Court Act.
Parents of newborns in Otsego and Delaware County, especially those who sued the Counties or County officials or who have run-ins with any county officials - be aware of how the Counties can use child protective proceedings to violate your parental rights and to retaliate against you for your criticism of governmental misconduct.
All actions of Social Services in such a case are governed by Article 10 of the Family Court Act.
Family Court Act allows a temporary removal of the child on consent of parent, Section 1021.
There is no consent of Alecia Bracci for removal of her child.
Of course, when no child neglect petition is filed, a court can issue a pre-filing temporary order of removal - if there are grounds for it, Family Court Act 1022.
There are no grounds for removal of the child in this case, and it is very obvious that no judge will sign such an order, especially that all judges in the area are involved in this controversy one way or another.
An attorney can be assigned to a parent in child neglect proceedings in New York only if the child is removed upon a court order, Family Court Act 1022-A, not when social services are trying to coerce the parent to remove the child "on consent".
Otsego County DSS worker was trying to coerce Alecia Bracci to "talk" to the social worker without an attorney, Alecia insisted she will only speak with an attorney present, and that she does not have funds for an attorney.
The social worker immediately offered to Alecia to "have an attorney appointed", and to "bring paperwork" to apply for an attorney.
Yet, the DSS worker knew that before a child neglect petition is filed, an attorney cannot be assigned, unless there is a court order.
There is no court order under FCA 1022 at this time.
There is also a procedure for an "emergency removal" under Section 1024 of the Family Court Act.
The emergency removal is not warranted because (1) there is enough time to apply for a court order, which was not done by DSS of Otsego County (where the baby is now), and (2) because there are no grounds for the emergency removal.
Moreover, there is a specific provision in the Family Court Act 1024 when a hospital seizes the child on request of social services, Family Court Act 1024 (d) and (e):
==
d) Where the physician keeping a child in his custody pending action by the local department of social services or appropriate police authorities does so in his capacity as a member of the staff of a hospital or similar institution, he shall notify the person in charge of the institution, or his designated agent, who shall then become responsible for the further care of such child.
(e) Any physician keeping a child in his custody pursuant to this section shall have the right to keep such child in his custody until such time as the custody of the child has been transferred to the appropriate police authorities or the social services official of the city or county in which the physician maintains his place of business.
If the social services official receives custody of a child pursuant to the provisions of this section, he shall promptly inform the parent or other person responsible for such child's care and the family court of his action.
==
At this time, here is what we have:
1) social services did not formally "receive custody of the child" under Family Court Act 1024 (e), because they did not notify the parent of that removal;
2) there is no court order of removal under FCA 1022,
3) there is no consent for removal of the child by the parent under FCA 1021, and
There is a seizure of the child by the hospital, complete with a lock on the child's foot:
So, at this time Basset Hospital is violating Alecia Bracci's constitutional rights and is facing a major lawsuit in the future, as well as the Otsego and Delaware County Departments of Social Services and individuals who personally participated in violation of Alecia Bracci's rights.
Moreover, when the Otsego County DSS was trying to coerce the mother to "just talk" to them and were telling the mother that the hospital will not release the child unless she talks to social services, DSS knew that they had no authority to coerce the mother into any kind of talking, because such procedure is not part of the Family Court Act.
Parents of newborns in Otsego and Delaware County, especially those who sued the Counties or County officials or who have run-ins with any county officials - be aware of how the Counties can use child protective proceedings to violate your parental rights and to retaliate against you for your criticism of governmental misconduct.
#BarbaraO'Sullivan'sHouseFire: how many more coincidences can there be for the feds to get involved?
Ok, so Ryan Adams, the alleged U.S. Marine and the father of Barbara's older grandchild (she has two now), committed several violent crimes against Barbara O'Sullivan and Alecia Bracci (assaults, strangling, death threats), and was never investigated or prosecuted.
Ryan Adams caused the other local nut Derek Bowie to arrest Alecia and Barbara - on a false warrant of Judge Richard Gumo, and there is a court order of Judge John Lambert adjudicating the warrant as false, because of Judge Gumo's perjury on the stand.
Derek Bowie is sued in two courts by two lookalike women who she assaulted and tried to kill.
Delaware County does not investigate either Ryan Adams or Derek Bowie for the attempted murder of two women and a soon-to-be born baby on the night of April 22/23, 2016.
No records of the house fire are being released to the victims by the law enforcement.
The victims were shooed out of a public meeting of the Delhi Fire Department.
Wife of a Delhi Fire Department firefighter, "coincidentally" an employee of the Delaware County Department of Social Services, posts hate comments on my blog about the house fire.
A close relative of Delaware County Deputy Commissioner of Social Services Bill Aikens, who sold the now-burnt house to Barbara 30 years ago, is consulted about the house on the day of the fire (and some source disclosed that a relative of an Aikens family may be also behind the fire).
Now, when Alecia gave birth to a child (that same child who was supposed to be murdered and was targeted with a flaming explosive projectile that landed on Alecia's bed in the middle of the night), the nurse in charge of seizing the baby is - guess who -
Brigid Maguire, a teacher in Delhi Tech, and, quite "coincidentally", the Forewoman of the Grand Jury who signed the now-dismissed indictment against Barbara.
Here is the nurse:
The hospital sent the baby's stool out to check it for drugs, even though there was no reason to do that, the mother's urine was clear, the baby was healthy on birth, they are still checking the baby for drugs. Which is not any problem.
Pediatric nurse grilled the mother about the alleged "loss of custody" - where there were no issues of abuse or neglect involved, the "indicated report" against the mother was vacated in 2012.
Then, the hospital personnel grilled the mother about identity of the father - which was NONE of the hospital's business, and an unconstitutional invasion of privacy of the mother.
All of that on Delaware County's call to Otsego County CPS that came "late yesterday afternoon"?
And that happened "coincidentally" after Alecia talked to her older daughter over the phone and told her she has a sibling?
How crooked can the Delaware County get?
They first try to put the baby under stress and cause Alecia, possibly, to have a premature labor or miscarriage by subjecting her to a jury trial on a fabricated charge.
Then, they refuse to investigate an arson and murder, likely committed by one of their own, against that same baby.
When that did not "help", they are trying to seize the baby with the hands of the Grand Jury Forewoman, and are shamelessly claiming that the reason for grabbing the baby is:
1) that Alecia "lost custody" of her first child through the corrupt decision of Carl Becker, and based on the indicated report that has been VACATED in 2012;
2) and that Alecia does not have "accommodations" when her house burnt around her - so, now we seize children of victims of house fires because of house fires, that's what we are doing?
Nobody from the County tried to provide Alecia and Barbara with any "accommodations".
Instead, the County failed to extinguish the fire, and failed to investigate the fire, instead spreading rumors through Sharon Rieckert-Morgan that the house belonged to somebody else and that Barbara did not pay the mortgage.
Changing the deed on Barbara's house to some fly-by-night "mortgage servicing" company, despite an order of 2009 that the house belongs to Barbara, and changing it, without Barbara's knowledge or consent, into a "two-family" unit while it is a one-family unit, simply to increase taxes on the property, is also a "coincidence" and what Delaware County, obviously with participation of its Treasurer Beverly Shields (Carl Becker's personal friend) did.
Now that the County had to change the property back into Barbara's name, they want to take something else - her precious second grandchild.
Barbara's sister Mary and Alecia's aunt, is currently providing housing for them - which is obviously not enough for Social Services, who want now to seize the baby UNLESS Alecia talks to them.
Of course, seizing the baby may not be used as a tool of coercion for the parent to talk.
And of course, being the victim of a house fire and living with relatives is not a basis to remove the child or put a "security lock" on the child's little foot.
Of course, there is some information that Barbara's other two siblings are trying to influence Mary to throw Barbara, Alecia and the baby out - threatening that otherwise they will not come down for Mary's daughter's graduation this year, and I wonder whether such threats area also "inspired" by the glorious Delaware County Department of Social Services trying to first deprive the mother of a roof over her head, and then to take the child because there is no roof over her head.
I am sure Delaware County knows how illegal what they are doing is, and that they are running the county and its taxpayers head-first into yet another lawsuit.
When Delaware County is trying to take a child and grandchild of people who
I am sure nurse Brigid Maguire knows how illegal is to seize the baby without a court order, or put a lock on the baby's foot without a court order,
and there is no court order and cannot be a court order at this time, there are no grounds for it.
I am sure that Basset Hospital does not need another lawsuit - which is waiting to happen.
There is actually a "security lock" put on the baby's foot like she is a prisoner - at the request of Delaware County Department of Social Services, employer of the firefighter's wife Sharon Rieckert-Morgan.
Right now the hospital is trying to invent reasons why to keep the baby.
They are trying to monitor diaper changing - which is a perfectly routine task that two women who handled babies before can certainly handle without supervision.
They are trying to have groups of nursing students invade the mother's room without asking consent of the mother.
The hospital even sent an unsupervised student to try to take the child away from the arms of grandmother claiming that the grandmother should not be holding the child while sitting in a chair.
When Barbara questioned authority of an unsupervised nursing student to grab the child, she gave the child back and disappeared, and no supervisor came to talk about that.
They sent out the baby's stool for drugs - even though there was no reason to do that.
They are trying ANYTHING to find fault with these women - only because Delaware County Department of Social Services, which has every reason to retaliate against these women, requested now to seize the baby.
How much more these two women - and now a baby - have to endure?
Isn't it cruel to put a new mother - and a new baby - under such stress?
After she and the child survived a near-miss death in an obvious arson and a house fire less than a month ago?
Isn't it time for Delaware County officials to be held accountable for their rampant criminal activity where Delaware County is going all out to kill, maim, incarcerate or take children away from their critics?
How much more should happen before the feds wake up and get involved?
Disgusting.
Ryan Adams caused the other local nut Derek Bowie to arrest Alecia and Barbara - on a false warrant of Judge Richard Gumo, and there is a court order of Judge John Lambert adjudicating the warrant as false, because of Judge Gumo's perjury on the stand.
Derek Bowie is sued in two courts by two lookalike women who she assaulted and tried to kill.
Delaware County does not investigate either Ryan Adams or Derek Bowie for the attempted murder of two women and a soon-to-be born baby on the night of April 22/23, 2016.
No records of the house fire are being released to the victims by the law enforcement.
The victims were shooed out of a public meeting of the Delhi Fire Department.
Wife of a Delhi Fire Department firefighter, "coincidentally" an employee of the Delaware County Department of Social Services, posts hate comments on my blog about the house fire.
A close relative of Delaware County Deputy Commissioner of Social Services Bill Aikens, who sold the now-burnt house to Barbara 30 years ago, is consulted about the house on the day of the fire (and some source disclosed that a relative of an Aikens family may be also behind the fire).
Now, when Alecia gave birth to a child (that same child who was supposed to be murdered and was targeted with a flaming explosive projectile that landed on Alecia's bed in the middle of the night), the nurse in charge of seizing the baby is - guess who -
Brigid Maguire, a teacher in Delhi Tech, and, quite "coincidentally", the Forewoman of the Grand Jury who signed the now-dismissed indictment against Barbara.
Here is the nurse:
The hospital sent the baby's stool out to check it for drugs, even though there was no reason to do that, the mother's urine was clear, the baby was healthy on birth, they are still checking the baby for drugs. Which is not any problem.
Pediatric nurse grilled the mother about the alleged "loss of custody" - where there were no issues of abuse or neglect involved, the "indicated report" against the mother was vacated in 2012.
Then, the hospital personnel grilled the mother about identity of the father - which was NONE of the hospital's business, and an unconstitutional invasion of privacy of the mother.
All of that on Delaware County's call to Otsego County CPS that came "late yesterday afternoon"?
And that happened "coincidentally" after Alecia talked to her older daughter over the phone and told her she has a sibling?
How crooked can the Delaware County get?
They first try to put the baby under stress and cause Alecia, possibly, to have a premature labor or miscarriage by subjecting her to a jury trial on a fabricated charge.
Then, they refuse to investigate an arson and murder, likely committed by one of their own, against that same baby.
When that did not "help", they are trying to seize the baby with the hands of the Grand Jury Forewoman, and are shamelessly claiming that the reason for grabbing the baby is:
1) that Alecia "lost custody" of her first child through the corrupt decision of Carl Becker, and based on the indicated report that has been VACATED in 2012;
2) and that Alecia does not have "accommodations" when her house burnt around her - so, now we seize children of victims of house fires because of house fires, that's what we are doing?
Nobody from the County tried to provide Alecia and Barbara with any "accommodations".
Instead, the County failed to extinguish the fire, and failed to investigate the fire, instead spreading rumors through Sharon Rieckert-Morgan that the house belonged to somebody else and that Barbara did not pay the mortgage.
Changing the deed on Barbara's house to some fly-by-night "mortgage servicing" company, despite an order of 2009 that the house belongs to Barbara, and changing it, without Barbara's knowledge or consent, into a "two-family" unit while it is a one-family unit, simply to increase taxes on the property, is also a "coincidence" and what Delaware County, obviously with participation of its Treasurer Beverly Shields (Carl Becker's personal friend) did.
Now that the County had to change the property back into Barbara's name, they want to take something else - her precious second grandchild.
Barbara's sister Mary and Alecia's aunt, is currently providing housing for them - which is obviously not enough for Social Services, who want now to seize the baby UNLESS Alecia talks to them.
Of course, seizing the baby may not be used as a tool of coercion for the parent to talk.
And of course, being the victim of a house fire and living with relatives is not a basis to remove the child or put a "security lock" on the child's little foot.
Of course, there is some information that Barbara's other two siblings are trying to influence Mary to throw Barbara, Alecia and the baby out - threatening that otherwise they will not come down for Mary's daughter's graduation this year, and I wonder whether such threats area also "inspired" by the glorious Delaware County Department of Social Services trying to first deprive the mother of a roof over her head, and then to take the child because there is no roof over her head.
I am sure Delaware County knows how illegal what they are doing is, and that they are running the county and its taxpayers head-first into yet another lawsuit.
When Delaware County is trying to take a child and grandchild of people who
- did sue the Delaware County in federal court,
- are suing the Delaware County in state court at this time,
- where the Delaware County's illegal "indicated reports" against these women, arranged by Becker and Moon, were vacated,
- where both women sued Becker and Moon,
- where both of these women were exonerated when fabricated criminal proceedings were brought against them,
- when after the criminal proceedings were terminated in their favor,
- their dogs die,
- their house is burnt down,
- nobody wants to extinguish the fire,
- investigate the fire, arson and attempted murder, or
- give them records about the fire investigation or police reports - and under THOSE circumstances Delaware County is now attempting to take their newborn child and grandchild away, don't you think there is a little bit too many coincidences?
I am sure nurse Brigid Maguire knows how illegal is to seize the baby without a court order, or put a lock on the baby's foot without a court order,
and there is no court order and cannot be a court order at this time, there are no grounds for it.
I am sure that Basset Hospital does not need another lawsuit - which is waiting to happen.
There is actually a "security lock" put on the baby's foot like she is a prisoner - at the request of Delaware County Department of Social Services, employer of the firefighter's wife Sharon Rieckert-Morgan.
Right now the hospital is trying to invent reasons why to keep the baby.
They are trying to monitor diaper changing - which is a perfectly routine task that two women who handled babies before can certainly handle without supervision.
They are trying to have groups of nursing students invade the mother's room without asking consent of the mother.
The hospital even sent an unsupervised student to try to take the child away from the arms of grandmother claiming that the grandmother should not be holding the child while sitting in a chair.
When Barbara questioned authority of an unsupervised nursing student to grab the child, she gave the child back and disappeared, and no supervisor came to talk about that.
They sent out the baby's stool for drugs - even though there was no reason to do that.
They are trying ANYTHING to find fault with these women - only because Delaware County Department of Social Services, which has every reason to retaliate against these women, requested now to seize the baby.
How much more these two women - and now a baby - have to endure?
Isn't it cruel to put a new mother - and a new baby - under such stress?
After she and the child survived a near-miss death in an obvious arson and a house fire less than a month ago?
Isn't it time for Delaware County officials to be held accountable for their rampant criminal activity where Delaware County is going all out to kill, maim, incarcerate or take children away from their critics?
How much more should happen before the feds wake up and get involved?
Disgusting.
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