Friday, February 8, 2019

after doing further legal research including

a trip to the greek festival at st pauls in hempstead  brown has determined that the food is good, ny const art 1 sec 3 only appears in  chinese fortune cookies,  and that the best lawyers are in attica and not eating at or chasing the wandering dago food truck, and that suffolk county bettors will be shot on site for protesting that suffolk otb, suffolk county politicisns, or anyone with standing has sought a formal opinion that ny pml sec 109 is unconstitutional



Sunday, April 21, 2019

Track CodeTrack NameEntryScratch1st Post
ET
1st Post
Local
Time
Zone
Stakes Race(s)Stakes GradeT.V.
Indicator
GGGOLDEN GATE FIELDS48243:45 PM12:45 PMPDT
LSLONE STAR PARK7203:35 PM2:35 PMCDT
SASANTA ANITA PARK72243:30 PM12:30 PMPDT
SUNSUNLAND PARK16802:30 PM12:30 PMMDT
WOWOODBINE7248






LONG ISLANDPOLITICS

Suffolk committee passes bill to recover James Burke salary and benefits & increase county 


revenue & secure bettors 

constitutional rights by opening 

otb

Sunday, April 21, 2019

Track CodeTrack NameEntryScratch1st Post
ET
1st Post
Local
Time
Zone
Stakes Race(s)Stakes GradeT.V.
Indicator
GGGOLDEN GATE FIELDS48243:45 PM12:45 PMPDT
LSLONE STAR PARK7203:35 PM2:35 PMCDT
SASANTA ANITA PARK72243:30 PM12:30 PMPDT
SUNSUNLAND PARK16802:30 PM12:30 PMMDT
WOWOODBINE7248



If the bill passes the county Legislature, Suffolk would seek to recover salary and benefits from the convicted ex-police chief, who beat a burglary suspect and orchestrated a cover-up.




James Burke, former Suffolk police chief of department,
James Burke, former Suffolk police chief of department, is seen in 2015. Photo Credit: James Carbone 
A Suffolk Legislative committee Thursday took the first step toward pursuing a lawsuit to recover salary and benefits from convicted ex-police chief James

Jerome "Jerry" Rosenberg (May 23, 1937 – June 1, 2009) was an American convicted murderer. He was incarcerated for 46 ... are just a few of the convicts that would be found in the law library hitting the books ...
Died: June 1, 2009 (aged 72); Alden, New York
Criminal charge: Murder
Born: Jerome Rosenberg; May 23, 1937
Burke, who beat a burglary suspect and orchestrated a cover-up.


Greek Orthodox Church St Paul

(18)
Church in the Town of Hempstead, New York

In a highly unusual move, the Democratic-controlled Ways and Means committee unanimously approved a revised resolution put forward by GOP Legis. Robert Trotta, who earlier this week declared his candidacy for county executive. An earlier version was tabled last month in the same committee.
Legis. Bridget Fleming (D-Sag Harbor), committee chair, said all lawmakers are interested in pursuing a lawsuit “if there is a legal way to recover the money and that's what this is trying to do.”
Presiding Officer DuWayne Gregory (D-Copiague) said he expects widespread support when the resolution comes up for a vote before the before the full legislature Wednesday.


“I finally got a bill passed,” said Trotta, whose resolutions routinely are tabled by majority Democrats. “It’s really a question of why we needed a bill at all. This is pretty much common sense. It’s another example of Bellone mismanagement.”
Jason Elan, spokesman for Suffolk County Executive Steve Bellone, said the “administration has been fighting corruption for years, and if there is any way to make those who have abused their power pay back the taxpayers, we support it. We have been exploring ways to do this while holding wrongdoers accountable.”
John C. Meringolo, Burke’s attorney, declined to comment.

WANDERING DAGO INC v. John Does, 1–5, New York State Office of General Services, New York Racing Association, Inc., Christopher K. Kay, Stephen Travers, State of New York, Defendants.

ResetAAFont size:Print

United States Court of Appeals, Second Circuit.

WANDERING DAGO, INC., Plaintiff–Appellant, v. RoAnn M. DESTITO, Joseph J. Rabito, William F. Bruso, Jr., Aaron Walters, Defendants–Appellees, John Does, 1–5, New York State Office of General Services, New York Racing Association, Inc., Christopher K. Kay, Stephen Travers, State of New York, Defendants.

Docket No. 16-622

    Decided: January 03, 2018

Before: Calabresi and Carney, Circuit Judges, Amon, District Judge. * George F. Carpinello (John F. Dew, on the brief), Boies, Schiller & Flexner LLP, Albany, NY, for Plaintiff–Appellant Wandering Dago, Inc. Zainab A. Chaudhry, Assistant Solicitor General (Barbara D. Underwood, Solicitor General, Andrea Oser, Deputy Solicitor General, on the brief), for Eric T. Schneiderman, Attorney General of the State of New York, Albany, NY, for Defendants–Appellees RoAnn M. Destito, Joseph J. Rabito, William F. Bruso, Jr., and Aaron Walters.
Plaintiff-appellant Wandering Dago, Inc., (“WD”) operates a food truck and brands itself and the food it sells with language generally viewed as ethnic slurs. Defendants-appellees (“defendants”)1 are officials within the New York State Office of General Services (“OGS”) who played a part in twice denying WD's applications to participate as a food vendor in the Summer Outdoor Lunch Program (“Lunch Program”), an activity that is organized by OGS and takes place in Albany's Empire State Plaza annually in the summer months. WD contends that defendants violated its rights to free speech and equal protection under the United States Constitution and the New York State Constitution by denying WD's application because of its branding practices.
We conclude that the District Court erred in granting summary judgment in defendants' favor, and should instead have awarded judgment to WD. It is undisputed that defendants denied WD's applications solely because of its ethnic-slur branding. The Supreme Court's recent decision in Matal v. Tam, ––– U.S. ––––, 137 S.Ct. 1744, 198 L.Ed.2d 366 (2017), clarifies that this action amounts to viewpoint discrimination and, if not government speech or otherwise protected, is prohibited by the First Amendment. That the action violates the First Amendment leads directly to the conclusion that defendants also violated WD's equal protection rights and its rights under the New York State Constitution. We find unpersuasive defendants' argument that their actions were unobjectionable because they were either part of OGS's government speech or permissible regulation of a government contractor's speech.




County Attorney Dennis Brown at a committee meeting a month ago called Trotta's proposal “frivolous” because the county did not represent Burke in the lawsuit brought by burglary suspect Christopher Loeb, which resulted in a $1.5 million settlement.
Loeb sued the county, Burke and six other police officials. But after pleading guilty to the beating and cover-up, Burke had to hire his own lawyer.
Trotta revised his measure to pursue Burke under what is known as the “faithless servant doctrine,” permitting an employer to withhold pay and benefits for the period in which an employee acts disloyally or is involved in misdeeds.
Attorney Howard Miller testified at the earlier committee meeting that he represented William Floyd School District when it won $1 million from two ex-fiscal officials who embezzled funds.
Brown said he revised his own position on Trotta's measure, “after doing further legal research." Brown said it was "legally arguable that a claim can be made.”
If the resolution passes the full county Legislature, Suffolk will seek an outside attorney who would work on a contingency basis and receive a share of whatever award is won.
Brown said his office could not be directly involved in the case because it had represented Burke, as police chief, in earlier lawsuits.

No comments:

Post a Comment