BUSH APPOINTEE in Northern District of New York, Deals Right to Dissent a Death Blow! Options

[Livyjr]

And the big winner, here, the hands-down, winner-takes-all winner, of course, is Eliot Spitzer, the Attorney General of the State of New York who is right now campaigning to be governor of New York, which means that Eliot Spitzer is raking in money from special interests to fund his campaign .....

At the same time that Eliot Spitzer is supposed to be the top law enforcement officer of the State of New York ....

This "win" for Spitzer makes him a very powerful man indeed .....

For whoever's "machine" it was before that issued the Mental Hygiene Law arrest order back in 2001, it is now "Big EL's" machine, lock, stock and barrel ....

"Big EL" can now make a man or woman in the State of New York simply disappear, with no fear of any outside scrutiny by the United States government, or court system .......

All it takes is a phone call ...

And it is done ....

No muss .....

No fuss ....

No inquiries at all ....

They are just gone ....

Like some kind of sick, twisted movie ......

Except it is not ....

And so ...

The digital camera in the hand of the PLAINTIFF when he was being assaulted actually made the videotape, while the assault was going on, and after, when Jeffrey Pelletier, a LOCAL BUSINESSMAN, was looking right in to the lens, and bragging on camera that even with the videotape of the actual assault, itself, PLAINTIFF wouldn't be able to do doodly-squat about it, because Jeffrey Pelletier was "protected" in Rensselaer County, and boy, was that ever true:

"Who you going to show that videotape to?"

"NOBODY CARES!"

And so far, that is true, too!

Copies of the videotape are all over the place up here, in fact, EXCEPT .....

Before a jury!

Eliot Spitzer has a copy, the FBI has a copy, I believe, the Rensselaer County District Attorney's Office has a copy, the New York State Police have a copy, the Town of Poestenkill has a copy, the County of Rensselaer has a copy, and the "developers" allegedly have a ton of them out, because they like to watch the assault, over and over again, especially since it shows them winning, and that videotape is an incentive to everyone else around to keep their damn mouths shut:

"SEE WHAT WE DID TO THIS GUY?"

"WHO WANTS TO BE NEXT?"

Especially now!

SO!

A recap for anyone just joining in!

What is it that we are talking about in here, and why is it worth bothering with, if you don't live in the corrupt State of New York, or its REPUBLICAN-controlled Rensselaer County, just to the east of REPUBLICAN STRONGMAN George Pataki's capital of Albany, New York?

What precipitated this thread, of course, was a decision in Federal District Court for the Northern District of New York (Albany) on March 31, 2005 that summarily dismissed a federal civil rights lawsuit seeking injunctive relief from a retaliatory practice in the State of New York known as the "PSYCHIATRIC TAKE-DOWN", where the State removes witnesses against itself by the expedient of having one of its pet doctors sign what is in reality a BOGUS and FRAUDULENT arrest warrant for the witness on the grounds that the witness is in alleged reality a dangerous mental patient who needs immediate care and treatment in a secure state-sponsored psychiatric institution, WHICH THE PERSON INCARCERATED MUST PAY FOR, as an additional punishment, for speaking about against alleged corruption in the State of New York.

Just like something out of Stalinist-Russia, or Hitler's Nazi Germany, except, you don't have to travel to either of those places to have it done to you, anymore!

"Improving the Business Climate"

by New York State Attorney General Eliot Spitzer

New York State Business Council, Bolton's Landing, NY

[As Prepared for Delivery]

Thank you, Peter, for that kind introduction, and thank you all for inviting me here today.

I want to recognize Dan Walsh and thank him for his leadership over the past 18 years as President and CEO of the Business Council.

Dan, you have been an outstanding advocate for New York's private-sector business community, and you will be missed.

I also want to welcome Ken Adams as the Business Council's new President.

Ken, I look forward to working with you to make New York the best place to do business in the world.

Revitalizing our state's economy -- especially the Upstate economy -- demands a major effort.

Over the past six months, I have been laying out a comprehensive plan for economic revitalization.

But today, I want to speak about what I believe should be our first priority, and that is making New York companies more competitive by improving our business climate.

If I am elected governor, I will think about New York State's business climate as though I were the chairman of a site selection committee.

I will ask myself, if I were deciding to locate or expand my business, would I choose New York State?

I want to make sure the answer to that question is "yes."

Now let me just cite some of the other areas in which New York State needs to become more competitive.

Workers' compensation premiums in our state are the eighth highest in the nation, even as the maximum benefit to workers ranks 49th nationally as a percentage of average weekly income.

And in too many other respects, our government bureaucracy hinders rather than assists businesses.

Well, I have a message for you: If I am elected Governor, on Day One of next year we are going to begin to implement an aggressive strategy to reduce the cost of doing business in New York and make New York the best place to do business in the world.

We will reform our workers' compensation system to reduce the burden of high premiums while increasing benefits for most workers.

And we will streamline regulations to make them friendly to business.

But today, I want to talk about more than my plan for what we're going to do. I want to talk about how we're going to get it done.

Reduce Workers' Compensation Premiums

Second, we must break the political gridlock that is preventing reform of our broken and dysfunctional workers' compensation system.

What was meant to be an insurance system that provided medical care and simple compensation to injured workers has become a morass that is seen by many workers as putting up unfair obstacles to receiving fair compensation for lost wages, and by many businesses as an increasingly burdensome cost that is forcing employers to leave the state.

The maximum benefit under workers' comp has not been increased since 1994.

Both because it is the right thing to do and because it is necessary to build the coalition to achieve real reform, we will increase benefits to most injured workers.

But I want to be clear that the end result of our workers comp reforms must be to meaningfully reduce premiums.

In order to increase benefits for most injured workers while reducing premiums, our workers' comp reforms must be bold and far reaching.

To really bring our workers' comp costs in line with other states, we must confront the challenge of reforming our system of Permanent Partial Disability payments.

These payments make up less than 12 percent of claims, but they account for almost 75 percent of all costs.

All ideas, including caps on benefits for all but the most serious injuries, must be on the table as we bring our program into line with other states.

These changes should be accompanied by aggressive rehabilitation and retraining programs, so that workers can get back in the work force.

As Governor, I will immediately go to work to build the coalition we need to get this problem solved so that we can once and for all fix this enormous drag on the competitiveness of New York's businesses.

Streamline the Regulatory System

Fifth and finally, New York State can also improve the business climate by making its government offices, regulations and programs much easier to deal with.

We can streamline the regulatory system while maintaining the core protections for workers, consumers, and the environment.

By reducing the time and expense of securing regulatory permits by creating a coordinated system that simplifies and speeds up permitting, and expands the licensing program, we can further save businesses time and money.

As Governor, I will ensure that the Governor's Office of Regulatory Reform places renewed focus on breaking the regulatory logjam in the State's permitting process for new development.

I will also develop clearer standards for meeting permitting requirements and establish a new permit tracking system that will improve the efficiency of the permitting system.

I will also expand the state's electronic government programs by further developing government-to-business systems such as online professional licensing, online competitive bid processing, e-procurement expansion to benefit small business and access to departments involved in procurement, environmental regulation of business; and interactive employer/employee job posting and recruitment.

And we will re-write regulations to make them simpler.

Regulations in New York in some areas are just too complex and confusing.

Conclusion

We have much more to accomplish than what I discussed today if we are to restore our State to its historic position of economic strength.

But the starting point of any economic development strategy is creating a climate that is friendly to business instead of hostile to it.

It's time that our State government becomes part of the solution, not part of the problem.

Thank you.

http://www.spitzerpaterson.com/main.cfm?ac...7116&s=spitzer3

[Livyjr]

NEW YORK TIMES ENDORSES SPITZER COVER-UP OF ASSAULT AND FALSE IMPRISONMENT OF DISABLED VETERAN IN THE STATE OF NEW YORK

For Immediate Release: October 22, 2006
Contact: Press Office, 212-725-8825

NY TIMES: The Promise of Eliot Spitzer

EDITORIAL

As attorney general, he has been fearless and dogged in his pursuit of justice.

http://www.nydems.org/news/archive/2006_10_001765.html

"Improving the Business Climate"

by New York State Attorney General Eliot Spitzer

New York State Business Council, Bolton's Landing, NY

[As Prepared for Delivery]

Thank you, Peter, for that kind introduction, and thank you all for inviting me here today.

I want to recognize Dan Walsh and thank him for his leadership over the past 18 years as President and CEO of the Business Council.

Dan, you have been an outstanding advocate for New York's private-sector business community, and you will be missed.

I also want to welcome Ken Adams as the Business Council's new President.

Ken, I look forward to working with you to make New York the best place to do business in the world.

Revitalizing our state's economy -- especially the Upstate economy -- demands a major effort.

Over the past six months, I have been laying out a comprehensive plan for economic revitalization.

Well, I have a message for you: If I am elected Governor, on Day One of next year we are going to begin to implement an aggressive strategy to reduce the cost of doing business in New York and make New York the best place to do business in the world.

And we will streamline regulations to make them friendly to business.

.... and finally, New York State can also improve the business climate by making its government offices, regulations and programs much easier to deal with.

As Governor, I will ensure that the Governor's Office of Regulatory Reform places renewed focus on breaking the regulatory logjam in the State's permitting process for new development.

Thank you.

http://www.spitzerpaterson.com/main.cfm?ac...7116&s=spitzer3

And so ....

We have come "full circle" in here ....

In a sense, anyway ....

Since we have just got back to where we started ....

When this thread was "opened" .....

Which is "dangerous ground", indeed ....

For those of us up here ....

In the Northern District of New York ....

Who are just plain sick and tired ....

Of having a corrupt government up here ....

That puts OUR health, safety and well-being ....

Behind some alleged and supposed "right" of land developers ....

And those in the HOUSING INDUSTRY who are pumping a ton of money into Eliot Spitzer right now ....

To make him the next governor of the State of New York ....

To make as much "PROFIT" as they possibly can ....

So as to be able to pump as much money as they can back into the pockets of those ....

Like Eliot Spitzer ....

Who will continue to defend their supposed "rights" to "profit" over those of the common American ....

Who the New York State Constitution, at least ...

Was originally put into place to defend!

OR WAS IT?

If this story were merely about one more man in OUR America being kicked around some by politicians here in OUR America, I don't know that I would spend time talking about it in here, as people getting kicked around by politicians here in America really is not news, as far as I can see, that is going to get anyone excited, since it would be like pointing out the window at dirt in a sand-box - IT IS JUST THAT COMMON!

The real point of this exercise, and the reason for this thread, and this appeal, is, IN THIS PRESENT DAY AND AGE, JUST WHAT IS A CONSTITUTION really for, and for whose benefit, if anyone?

IS THE UNITED STATES CONSTITUTION NOW AN IMPEDIMENT TO FURTHER "ECONOMIC GROWTH" IN OUR AMERICA?

MUST IT BE SCRAPPED BECAUSE IT IS?

And if so, exactly how is that to be accomplished?

One way, of course, is to simply close the courts to anyone who would argue for the Constitution, and then, to simply have some judges write the Constitution out of existence!

And that is a bit of what we see happening here, and of course, OUR vision on that subject is now shaped by some TWENTY-PLUS years of continuous struggle up here, in and out of the Courts, to see the provisions of both the United States and New York State Constitutions fully enforced in OUR own town halls, where OUR public officials who are offending against OUR rights under these Constitutions have taken an oath to protect and defend both, and then do neither!

"Political theory" up here is simply wield the club, and be not afraid to swing it, when dissent arises!

And that theory works, in large part, because of knowledge of human nature by those who hold the clubs, that "fear" is probably the greatest "motivator" that there has ever been to keep people from questioning exactly what is going on, IN THEIR OWN COMMUNITIES!

The "ANTI-CONSTITUTIONALISTS", who have existed here in OUR America since its earliest days, now reign supreme, at least up here, and if this appeal fails, which it just might, then the power of the "ANTI-CONSTITUTIONALISTS" will become even more formidable, BECAUSE OF THIS "STATUTORY POWER" to stick dissenters in secure CORPORATE mental institutions that has just been "upheld" by the Federal District Court for the Northern District of New York in this March 31, 2005 decision that is under discussion in here.

After all, what good are alleged "CONSTITUTIONAL PROTECTIONS", if you can never enjoy them, BECAUSE to try and do so is the exact formula that will have you being subject to immediate arrest and incarceration in a secure mental institution?

"Trying to fly under the radar - Contributors find $99 limit to campaign contributions won't always guarantee anonymity" 
 
By RICK KARLIN, Capitol bureau, Albany, New York Times Union

First published: Monday, October 16, 2006

ALBANY -- The story of the Capital Region's $99 contributors is as much about the state capital's political culture and its spoils system as it is about money.

It's a culture with long memories, and one in which political loyalty can trump competence in the workplace.

"The reality is that the culture in Albany, the political culture, is that we have a rich tradition of retaliation for dissent," said Marcelle.

Rick Karlin can be reached at 454-5758 or by e-mail at rkarlin@timesunion.com.

"So, Livyjr ...."

"Your man was sold out ...."

"For the sake of political expediency ..."

"By New York State Attorney General Eliot Spitzer ...."

"Along with the Constitution and laws of the State of New York ...."

"FOR POLITICAL ADVANTAGE ..."

"FOR NEW YORK STATE ATTORNEY GENERAL ELIOT SPITZER ..."

"AND HIS CRONIES ...."

"IN THE BUSINESS COMMUNITY ..."

"AND THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK TURNED ITS BLIND EYE TO THAT ..."

"ALONG WITH THE FEDERAL SECOND CIRCUIT COURT OF APPEALS IN NEW YORK CITY ..."

"DESPITE YOUR MAN BEING AN HONORABLY DISCHARGED DISABLED VETERAN ...."

"And so, Livyjr, and so ..."

"YOUR MAN HAS BECOME ELIOT SPITZER'S NECESSARY 'BLOODY SCALP' ..."

"THAT ELIOT SPITZER CAN TAKE WITH HIM ...."

"TO SHOW TO THE NEW YORK STATE BUSINESS COUNCIL ..."

"COURTESY OF THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ..."

"AND THE FEDERAL SECOND CIRCUIT COURT OF APPEALS IN NEW YORK CITY ..."

"THAT ELIOT SPIZER'S POLICIES FOR WHEN HE BECOMES NEW YORK STATE GOVERNOR ..."

"WILL BE VERY FAST AND LOOSE ..."

"AND BUSINESS-FRIENDLY ..."

"WHERE ELIOT SPITZER NOW HAS PRE-APPROVAL FROM THE FEDERAL SECOND CIRCUIT COURT OF APPEALS IN NEW YORK CITY ..."

"TO REMOVE FROM SOCIETY IN NEW YORK STATE ..."

"WHOMEVER HE WILL ..."

"WHENEVER HE WANTS ..."

"BY HAVING THEM DISAPPEAR INTO THE SAMARITAN HOSPITAL GULAG ..."

''JUST LIKE THAT ..."

"And so ..."

This post has been edited by Livyjr: Nov 2 2006, 05:44 PM

[Livyjr]

"So, Livyjr ...."

"Your man was sold out ...."

"For the sake of political expediency ..."

"By New York State Attorney General Eliot Spitzer ...."

"Along with the Constitution and laws of the State of New York ...."

"FOR POLITICAL ADVANTAGE ..."

"FOR NEW YORK STATE ATTORNEY GENERAL ELIOT SPITZER ..."

"AND HIS CRONIES ...."

"IN THE BUSINESS COMMUNITY ..."

"AND THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK TURNED ITS BLIND EYE TO THAT ..."

"ALONG WITH THE FEDERAL SECOND CIRCUIT COURT OF APPEALS IN NEW YORK CITY ..."

"DESPITE YOUR MAN BEING AN HONORABLY DISCHARGED DISABLED VETERAN ...."

"And so, Livyjr, and so ..."

"Bush chides Democrats as soft on terror"

By DEB RIECHMANN, Associated Press
Last updated: 4:35 p.m., Thursday, November 2, 2006

BILLINGS, Mont. -- President Bush, campaigning in a Republican stronghold for an endangered GOP senator, tried to rally his supporters Thursday by portraying Democrats as soft on terrorists and opposed to conservative judges.

Bush campaigned here for Sen. Conrad Burns, a vulnerable incumbent in a tough campaign battle against Democratic challenger Jon Tester, the president of the Montana Senate.

Bush also said veteran Republican senators like Burns are needed to help the Senate confirm judicial conservatives to the federal bench.

When Montana voters cast their ballots, they're not only deciding who will represent them in Washington, they will be deciding what kind of judges sit on federal courts across the nation, Bush said.

"We believe that judges ought to strictly interpret the law and not legislate from the bench," Bush said.

------

Associated Press Writer Matt Gouras in Billings contributed to this report.

[Livyjr]

"Bush chides Democrats as soft on terror" 
 
By DEB RIECHMANN, Associated Press
Last updated: 4:35 p.m., Thursday, November 2, 2006

BILLINGS, Mont. -- When Montana voters cast their ballots, they're not only deciding who will represent them in Washington, they will be deciding what kind of judges sit on federal courts across the nation, Bush said.

"We believe that judges ought to strictly interpret the law and not legislate from the bench," Bush said.

"Improving the Business Climate"

by New York State Attorney General Eliot Spitzer

New York State Business Council, Bolton's Landing, NY

[As Prepared for Delivery]

Thank you, Peter, for that kind introduction, and thank you all for inviting me here today.

I want to recognize Dan Walsh and thank him for his leadership over the past 18 years as President and CEO of the Business Council.

Dan, you have been an outstanding advocate for New York's private-sector business community, and you will be missed.

I also want to welcome Ken Adams as the Business Council's new President.

Ken, I look forward to working with you to make New York the best place to do business in the world.

As Governor, I will ensure that the Governor's Office of Regulatory Reform places renewed focus on breaking the regulatory logjam in the State's permitting process for new development.

Thank you.

http://www.spitzerpaterson.com/main.cfm?ac...7116&s=spitzer3

"Policy, Livyjr ..."

"And politics ..."

"And 'business as usual' ...."

"THAT IS WHAT NEW YORK STATE ATTORNEY GENERAL ELIOT SPITZER WAS DEFENDING IN THIS FEDERAL CIVIL RIGHTS LAWSUIT THAT YOU HAVE BEEN DISCUSSING IN HERE ..."

"POLICY ..."

"HIS POLICY ..."

"FOR WHEN HE BECOMES GOVERNOR ..."

"JUST AS THE NEW YORK STATE BUSINESS COUNCIL WANTS IT TO BE ..."

"AND NOT LAW, AT ALL ..."

"WHICH IS WHAT YOUR PLAINTIFF WAS ATTEMPTING TO ENFORCE ..."

"WHEN THE AUGUST 22, 2001 PSYCHIATRIC TAKE-DOWN OCCURRED ...."

"AND POLICY AND POLITICS AND 'BUSINESS AS USUAL' ...."

"AND NOT LAW AS IT IS WRITTEN ..."

"IS WHAT THIS BUSH-JUDGE WAS ENFORCING WHEN HE TOSSED OUT THIS DISABLED VETERAN'S CIVIL RIGHTS LAWSUIT AGAINST THE STATE OF NEW YORK, THE COUNTY OF RENSSELAER AND THE NORTHEAST HEALTH 'FALSE IDENTITY' RING ..."

"AND POLICY, POLITICS and 'BUSINESS AS USUAL' ..."

"AND NOT LAW AS IT IS WRITTEN ..."

"IS WHAT THE FEDERAL SECOND CIRCUIT COURT OF APPEALS WAS ENFORCING WHEN IT RUBBER-STAMPED THE MARCH 31, 2005 DECISION OF THE BUSH-JUDGE IN DECEMBER OF 2005 TOSSING THIS DISABLED VETERAN'S CIVIL RIGHTS LAWSUIT OUT OF COURT FOR GOOD, ALONG WITH YOUR PLAINTIFF ....."

"AND IN ADDITION TO RUBBER-STAMPING THE ENFORCEMENT OF POLICY OVER LAW BY THE BUSH-JUDGE IN THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ..."

"THE FEDERAL SECOND CIRCUIT COURT OF APPEALS IN NEW YORK CITY IS ALSO RUBBER-STAMPING AND PUTTING ITS SEAL OF APPROVAL ON THE BLATANT LEGISLATING FROM THE BENCH BY THE BUSH-JUDGE, OF COURSE ..."

"WHO IN THE COURSE OF TOSSING OUT THIS DISABLED VETERAN'S CIVIL RIGHTS LAWSUIT ..."

"HAS JUST ABOUT LEGISLATED RIGHT OUT OF EXISTENCE THE LAWS AND CONSTITUTION OF THE STATE OF NEW YORK INTENDED TO PROVIDE PROTECTION TO THE CITIZENS OF THE STATE OF NEW YORK ..."

"ALONG WITH THE FOURTEENTH AMENDMENT OF THE UNITED STATES CONSTITUTION, AS WELL ..."

"NOT TO MENTION THE TRUTH, THE FACTS AND THE EVIDENCE WHICH SUPPORTED YOUR PLAINTIFF'S CASE IN FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ..."

"INCLUDING THE SWORN STATEMENTS OF AN ALBANY, NEW YORK POLICE OFFICER ..."

"WHO WAS AN EYE-WITNESS TO YOUR PLAINTIFF'S FORCED INCARCERATION IN THE SECURE MENTAL FACILITY OF THE STRATTON VA HOSPITAL IN ALBANY, NEW YORK ..."

"BUSINESS AS USUAL ..."

"AND THE AMERICAN PEOPLE ARE THE LOSERS FOR IT ..."

"BUT AS YOU SAY, LIVYJR, THAT IS THE WAY IT GOES ...."

"WHEN DEMOCRACY AND RULE OF LAW DEPART A LAND ..."

"TO BE REPLACED BY RULE OF MAN ..."

"AS IS THE CASE UP THERE IN THE STATE OF NEW YORK ..."

"THANKS TO THIS BUSH-JUDGE GARY L. SHARPE ..."

"NEW YORK STATE ATTORNEY GENERAL AND SOON-TO-BE NEW YORK STATE GOVERNOR ELIOT SPITZER ..."

"AND THE FEDERAL SECOND CIRCUIT COURT OF APPEALS IN NEW YORK CITY ..."

"WHERE THIS JUDGE SONIA SOTOMAYER HAS BECOME THE 'JUSTICE TANEY' OF THE 21st CENTURY ....."

"AND YOUR PLAINTIFF HER DRED SCOTT ..."

And so ....

[Livyjr]

NEW YORK TIMES ENDORSES SPITZER COVER-UP OF ASSAULT AND FALSE IMPRISONMENT OF DISABLED VETERAN IN THE STATE OF NEW YORK

For Immediate Release: October 22, 2006
Contact: Press Office, 212-725-8825

NY TIMES: The Promise of Eliot Spitzer

EDITORIAL

The grand theme of Attorney General Eliot Spitzer’s campaign for New York governor this year has been that on “Day 1, everything changes.”

http://www.nydems.org/news/archive/2006_10_001765.html

"Everything changes on DAY 1, Livyjr ..."

"And after reading this thread, one can see how that will be ..."

"On January 1st, 2007 ..."

"A HOLIDAY ..."

"WHEN PEOPLE'S MINDS ARE ON ANYTHING BUT WHAT IS HAPPENING IN THE WORLD AROUND THEM ..."

"Dr. John Christian Braaten, New York State Attorney General Eliot Spitzer's PET DOCTOR ...."

"Will be handed a stack of Mental Hygiene Law 9.45 PSYCHIATRIC ARREST ORDERS to sign ..."

"Just as he did in this case ...."

"As well as a stack of 'PRE-APPROVED FOR INVOLUNTARY COMMITMENT' forms which correspond to the names on the 9.45 PSYCHIATRIC ARREST ORDERS ..."

"AND THE NEW YORK STATE POLICE WILL CONDUCT A NUMBER OF PICK-UPS ..."

"OF THE PEOPLE WHOSE NAMES ARE ON THOSE ORDERS ..."

"AND THOSE PEOPLE WILL BE GONE ..."

"AND THE NEXT DAY ..."

"THE DAY AFTER ..."

"WELL, LIVYJR ...."

"PEOPLE DON'T GENERALLY LOOK BACK ...."

"AND IF THEY DID ..."

"WHO OF THEM IS GOING TO MAKE INQUIRY OF THE MISSING ..."

"ESPECIALLY WHEN IT WILL BE COMMON KNOWLEDGE ..."

"WHAT IT WAS THAT GOT THEM GONE ..."

"WHICH IS BEING SOMEONE'S ENEMY ..."

"UP THERE IN THE STATE OF NEW YORK ..."

"WHO LIKE JEFFREY PELLETIER IN THIS MATTER ..."

"HAS THE RIGHT TELEPHONE NUMBER TO CALL ..."

"And so ..."

[Livyjr]

"Improving the Business Climate"

by New York State Attorney General Eliot Spitzer

September 21, 2006

New York State Business Council, Bolton's Landing, NY

[As Prepared for Delivery]

Thank you, Peter, for that kind introduction, and thank you all for inviting me here today.

I want to recognize Dan Walsh and thank him for his leadership over the past 18 years as President and CEO of the Business Council.

Dan, you have been an outstanding advocate for New York's private-sector business community, and you will be missed.

I also want to welcome Ken Adams as the Business Council's new President.

Ken, I look forward to working with you to make New York the best place to do business in the world.

Well, I have a message for you: If I am elected Governor, on Day One of next year we are going to begin to implement an aggressive strategy to reduce the cost of doing business in New York and make New York the best place to do business in the world.

And we will streamline regulations to make them friendly to business.

As Governor, I will ensure that the Governor's Office of Regulatory Reform places renewed focus on breaking the regulatory logjam in the State's permitting process for new development.

Thank you.

http://www.spitzerpaterson.com/main.cfm?ac...7116&s=spitzer3

"And so, Livyjr, and so ..."

"YOUR MAN HAS BECOME ELIOT SPITZER'S NECESSARY 'BLOODY SCALP' ..."

"THAT ELIOT SPITZER CAN TAKE WITH HIM ...."

"TO SHOW TO THE NEW YORK STATE BUSINESS COUNCIL ..."

"COURTESY OF THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ..."

"AND THE FEDERAL SECOND CIRCUIT COURT OF APPEALS IN NEW YORK CITY ..."

"THAT ELIOT SPIZER'S POLICIES FOR WHEN HE BECOMES NEW YORK STATE GOVERNOR ..."

"WILL BE VERY FAST AND LOOSE ..."

"AND BUSINESS-FRIENDLY ..."

"WHERE ELIOT SPITZER NOW HAS PRE-APPROVAL FROM THE FEDERAL SECOND CIRCUIT COURT OF APPEALS IN NEW YORK CITY ..."

"TO REMOVE FROM SOCIETY IN NEW YORK STATE ..."

"WHOMEVER HE WILL ..."

"WHENEVER HE WANTS ..."

"BY HAVING THEM DISAPPEAR INTO THE SAMARITAN HOSPITAL GULAG ..."

''JUST LIKE THAT ..."

"And so ..."

MINUTES of a CONFERENCE between the RENSSELAER COUNTY DEVELOPMENT COUNCIL and the NEW YORK STATE DEPARTMENT OF HEALTH, DIVISION OF ENVIRONMENTAL PROTECTION, held at the offices of the Department, 2 University Place, Albany, New York, on Tuesday, March 1, 1988, commencing at 1 PM and stenographically reported by Mary Lomonoco, Shorthand Reporter and Notary Public in and for the State of New York.

In attendance at this meeting are as follows:

* Dr. Leo Hetling, Director, and James "Mr. Jimmy D." Decker of the Division of Environmental Protection of the New York State Department of Health;

* Steven Anderson and Fred Nero of Mountain Meadow Properties;

* Rod Michael of the Eastern New York Society of Land Surveyors;

* Kevin Brady of the Rensselaer County Regional Chamber of Commerce;

* Douglas Clark of Clark Engineering;

* George Duggan of Best Building;

* Richard Melius of the Rensselaer County Development Council, and

* Victor Gush and Jack Leonard, land developers.

MR. ANDERSON: Essentially, as my memo stated, we're just after information.

We feel we've got a situation in Rensselaer County.

We're not operating totally in the dark, but we really don't know where things are headed and which direction we should go in.

So we decided to start at the logical place, with the State and County people, and then meet with local Town officials, BECAUSE WE THINK THAT THE DEVELOPMENT PROCESS IS IN A STATE OF CHAOS IN RENSSELAER COUNTY RIGHT NOW.

We're after essential information.

What State Health Code is applicable; the rules and regulations; are there any impending changes that we should be aware of?

And that's really why we asked to meet.

A number of us have various questions.

I would just as soon as not lead myself, because I'm - I've been marching in front of the media for too long.

MR. MELIUS: CAN THE COUNTY HAVE SOMETHING THAT IS LESS STRICT THAN THE STATE?

DR. HETLING: NO!

IN THEORY THEY CAN'T!

IN PRACTICE ......

BRIBERY: The offering, giving, receiving or soliciting of SOMETHING OF VALUE for the purpose of INFLUENCING THE ACTION of an official in the discharge of his or her public or legal duties; the corrupt tendering or receiving of a price for official action; the receiving or offering any undue reward by or to any person concerned in the administration of public justice or a public office to influence his behavior in office; any gift, advantage or emolument offered, given or promised to, or asked and accepted by any public officer to influence his behavior in office.

"Any direct or indirect action to give, promise or offer anything of value to a public official or witness, or an official's or witness' solicitation of something of value is prohibited as a bribe or illegal gratuity"

- Title 18 United States Code section 201

But that is not the story right now where we are talking about citizens in the State of New York being denied access to GRAND JURIES ......

The story is how did Chris Kapostacey-Jansing get REPUBLICAN Rensselaer County Executive John L. Buono to openly discuss what was in reality a BRIBE offered to him by a group of land developers in Rensselaer County in early-1988 .....

And that answer brings us to one of the more interesting documents in the lengthy FBI file concerning this matter back in 1989 .....

And that document is a transcript of the MINUTES of a CONFERENCE between the RENSSELAER COUNTY DEVELOPMENT COUNCIL and the NEW YORK STATE DEPARTMENT OF HEALTH, DIVISION OF ENVIRONMENTAL PROTECTION, held at the offices of the Department, 2 University Place, Albany, New York, on Tuesday, March 1, 1988, commencing at 1 PM and stenographically reported by Mary Lomonoco, Shorthand Reporter and Notary Public in and for the State of New York.

In attendance at this meeting, according to this document in the FBI files, were as follows:

Dr. Leo Hetling, Director, and James "Mr. Jimmy D." Decker of the Division of Environmental Protection of the New York State Department of Health; Steven Anderson and Fred Nero of Mountain Meadow Properties; Rod Michael of the Eastern New York Society of Land Surveyors; Kevin Brady of the Rensselaer County Regional Chamber of Commerce; Douglas Clark of Clark Engineering; George Duggan of Best Building; Richard Melius of the Rensselaer County Development Council, and Victor Gush and Jack Leonard, land developers.

And how this TRANSCRIPT came to be in the possession of the FBI is as follows:

This TRANSCRIPT was "made public" in a matter of speaking by this RENSSELAER COUNTY DEVELOPMENT COUNCIL at a "closed door meeting" on the fifth floor of the Rensselaer County Office Building shortly after that CONFERENCE was held, and an "AGREEMENT OF SORTS" was reached with the New York State Department of Health concerning "OVERSIGHT" of the Rensselaer County Department of Health .....

And that agreement was that the New York State Department of Health would turn its back ...

IF the RENSSELAER COUNTY DEVELOPMENT COUNCIL could get Buono to "GET RID OF" the Rensselaer County Associate Public Health Engineer ......

So as to "unplug" their "pipeline" into the Rensselaer County Department of Health for rapid "approvals" of their "subdivisions" so they could then sell lots as "HEALTH-DEPARTMENT APPROVED" ...

When in fact, that was anything but the case .....

A FRAUD, in fact, that was being perpetrated on the public in Rensselaer County on a regular basis ......

And so .....

The "State Health Department" agreed to turn its back ....

BUT ...

"Big BOB"" Smith, the REPUBLICAN lawyer for Rensselaer County ...

HE WANTED PROOF ......

IF, in his words as I recall them, Rensselaer County was going to be putting itself out on a limb with respect to violating the law, it wanted proof positive that the STATE was not going to come back around afterwards and chop it off ......

And so .....

The TRANSCRIPT ......

Signed by a NOTARY PUBLIC and certified as accurate ......

Placed in "Big BOB's"  hands .....

By the RENSSELAER COUNTY DEVELOPMENT COUNCIL .....

As PROOF that the CONFERENCE with the State Health Department had in fact taken place ...

And so ....

The State Health Department was "in their pocket" .....

And as proof of that besides the TRANSCRIPT .....

They also had at that meeting with Buono and Smith, "Mr. Jimmy D." himself .....

Representing the "interests" of the New York State Department of Health at that meeting between the developers and Buono and Smith .....

Where the $80,000 BRIBE was openly offered to Buono .....

If he would "get rid of" the Rensselaer County Associate Public Health Engineer .....

And it was just a matter of logistics, after that .....

And that is how the TRANSCRIPT became "public" ......

On October 11, 1988, when Kapostacey-Jansing was preparing her "splice job" in her assigned role of "political assassin" on behalf of Buono, the PLAINTIFF presented her with a copy of the TRANSCRIPT, along with the full story of how and why the TRANSCRIPT had come into being, along with the $80,000 BRIBE offer to Buono .....

And upon hearing that news, and becoming possessed of a copy of the TRANSCRIPT herself, KAPOSTACEY-JANSING went back and confronted Buono about the BRIBE offer ....

AND NOTHING MORE WAS EVER HEARD OF THE MATTER AFTER THAT .....

Subsequently, when the FBI brought PLAINTIFF into their already on-going HOBBS ACT investigation of Public Corruption in Rensselaer County, the PLAINTIFF gave them a copy of the TRANSCRIPT along with the full story of how and why the TRANSCRIPT had come into being, along with the $80,000 BRIBE offer to Buono .....

AND AGAIN, NOTHING MORE WAS EVER HEARD OF THE MATTER AFTER THAT .....

And so .....

"And this comment to the NEW YORK STATE BUSINESS COUNCIL by New York State Attorney General Eliot Spitzer on September 21, 2006 brings us right on back to the beginning in here, Livyjr, as I see it, anyway, back to what I call the FIRST SELL-OUT of not only your PLAINTIFF, but the people of the State of New York, as well, or certainly those of Rensselaer County, by the New York State Department of Health back in 1988 ..."

As Governor, I will ensure that the Governor's Office of Regulatory Reform places renewed focus on breaking the regulatory logjam in the State's permitting process for new development.

http://www.spitzerpaterson.com/main.cfm?ac...ches&s=spitzer3

"And it is indeed interesting, Livyjr, once one has dug a bit deeper into this matter, to look at the date of that meeting between this Steven Anderson and this Dr. Leo Hetling and especially this Jim Decker of the New York State Department of Health which occurred on March 1, 1988 ..."

"WHICH COMES FROM A TRANSCRIPT OF THAT MEETING WHICH IS IN THE FILES OF THE FEDERAL BUREAU OF INVESTIGATION IN CONNECTION WITH ITS ABORTED OR STILL-BORN HOBBS ACT INVESTIGATION OF PUBLIC CORRUPTION IN RENSSELAER COUNTY AND THE STATE OF NEW YORK ..."

"AND TO THEN GO INTO THE FILES WHICH SUPPORT THE PLAINTIFF'S VALID NEW YORK STATE WORKER'S COMPENSATION CLAIM AGAINST THE COUNTY OF RENSSELAER ...."

"WHICH REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO STIPULATED TO ON JULY 18, 1993 ..."

"Where one finds in a March 5, 1993 submittal to the New York State Worker's Compensation Review Board by your PLAINTIFF in support of his claim a copy of a January 13, 1988 letter to REPUBLICAN Rensselaer County Public Health Director Kenneth Van Praag on New York State Department of Health - Office of Public Health stationary from this same Jim Decker of the New York State Department of Health concerning your PLAINTIFF and this Steven Anderson who is meeting with this Dr. Leo Hetling and this Jim Decker at the New York State Department of Health offices on March 1, 1988 ...."

"Which January 13, 1988 letter is entitled Proposed Realty Subdivision, Spruce Run Section III, East Greenbush (T), Rensselaer County ..."

"And which January 13, 1988 letter concerning this Steven Anderson reads as follows:"

Dear Ken:

This is to confirm our January 8 and January 13, 1988 discussions regarding the above-noted subject.

Mr. William Leavy received a December 22, 1987 letter from Mr. Steven R. Anderson regarding this matter.

I evaluated the site on January 8, 1988 accompanied by PLAINTIFF, P.E., and reviewed the County Health Department files pertaining to the proposal.

Interviews were conducted with affected parties.

The site comprises many watercourses, small wetlands and shallow to non-existent permeable soils.

Walking upon the land disclosed that nine of the ten proposed lots exhibit surface and sub-surface water restrictions.

Major grading, i.e., cut and fill, changes are necessary to control surface drainage and to make the site suitable for proposed subsurface sewage disposal systems.

THE SITE IS CURRENTLY UNACCEPTABLE FOR RESIDENTIAL DEVELOPMENT UTILIZING SUB-SURFACE SEWAGE DISPOSAL SINCE THE EXISTING TERRAIN DOES NOT CONFORM TO COUNTY HEALTH DEPARTMENT REGULATIONS.

A developer may modify land by grading, i.e., cut and fill, and allow the fill to stabilize to make a site conform to Department regulations.

Field testing, i.e. site visit, percolation and deep hole tests of the stabilized fill, must then be conducted to demonstrate the suitability of the site to accomodate sub-surface sewage disposal.

FIELD TESTING MUST BE COMPLETED PRIOR TO THE COUNTY HEALTH DEPARTMENT ISSUING FINAL APPROVAL OF REALTY SUBDIVISION PLANS.

DURING MY JANUARY 13, 1988 MEETING WITH MR. ANDERSON, HE WAS ADVISED THAT THE ORIGINAL PROPOSAL FOR TEN LOTS IN SECTION III DOES NOT APPEAR FEASIBLE WITH THE DRAINAGE AND SOILS CONSTRAINTS AT THIS SITE.

It was recommended that Mr. Anderson request conceptual approval from the County Health Department for a revised design for Section III with fewer lots.

The design should include a comprehensive drainage control plan and pre-selected locations for proposed fill for sewage disposal.

Mr. Anderson was already contemplating a reduction in the number of lots as noted on the enclosed sketch received January 13, 1988.

Lot 1 may be designated as a park parcel for public use rather than a potential residential lot.

Said lot contains a pond and wetland.

MY DISCUSSIONS WITH THE AFFECTED PARTIES REGARDING SPRUCE RUN SECTION III INDICATED (1) CONCURRENCE THAT MAJOR MODIFICATION OF THE SITE IS NECESSARY FOR RESIDENTIAL DEVELOPMENT TO OCCUR AND (2) DISAGREEMENT REGARDING THE PROCESS TO OBTAIN FINAL COUNTY HEALTH DEPARTMENT APPROVAL OF A PROPOSED REALTY SUBDIVISION.

THE COUNTY HEALTH DEPARTMENT CONDUCTED A FEBRUARY 6, 1987 MEETING WITH DEVELOPERS AND CONSULTANTS TO REVIEW REGULATIONS FOR REALTY SUBDIVISION DEVELOPMENT.

A PACKET OF EDUCATIONAL MATERIAL COMPRISING SEVENTEEN DOCUMENTS WAS DISTRIBUTED TO ATTENDEES FOR READING AND REFERENCE.

MR. ANDERSON WAS NOT AWARE THAT FINAL PLAN APPROVAL CANNOT BE ISSUED BY THE COUNTY HEALTH DEPARTMENT FOR DEVELOPMENT UTILIZING SUBSURFACE SEWAGE DISPOSAL UNTIL A SITE MEETS COUNTY HEALTH DEPARTMENT REGULATIONS.

SAID MISUNDERSTANDING CONTRIBUTED TO REPEATED REQUESTS FOR FINAL PLAN APPROVAL PRIOR TO COMPLETION OF NECESSARY SITE MODIFICATIONS.

SAID CHAIN OF EVENTS IS NOT EXPECTED TO RECUR FOR THE ANTICIPATED SECTION III PLAN REVISION.

MY REVIEW DISCLOSED OTHER MATTERS WHICH SHOULD BE ADDRESSED BY YOU AND YOUR STAFF:

(1) On-site water supply design for proposed realty subdivision SHALL address a representative well log, documented well yield and existing raw water quality, i.e., bacteriological, chemical and physical, from a well located at the site or within 500 feet of the site.

If well yield is less than 5 gpm, appropriate storage and repumping must be designed and appear on plans.

If quality is not satisfactory, appropriate treatment must be designed to appear on plans.

(2) Mr. Anderson advised me that the AUGUST 30, 1987 TIMES UNION ADVERTISEMENT for "SPRUCE RUN PHASE III: TWO ONE-ACRE PLUS LOTS AVAILABLE AT A SPECIAL PRE-ROAD INSTALLATION PRICE OF $30,000" pertained to two approved lots slightly larger than one acre in Spruce Run North, not in the unapproved Spruce Run Section III.

THE SALE PRICE HAPPENS TO BE EQUAL TO THE EXECUTED CONTRACTS FOR PURCHASE AND SALE OF REAL ESTATE IN REGARDS TO LOTS IN THE UNAPPROVED SPRUCE RUN SECTION III.

YOUR RECORDS SHOULD BE REVIEWED TO ASCERTAIN IF TWO LOTS IN SPRUCE RUN NORTH WERE APPROVED BY THE COUNTY HEALTH DEPARTMENT PRIOR TO AUGUST 30, 1987 AND IF SPRUCE RUN NORTH INCLUDES A ROADWAY ABUTTING THE "TWO APPROVED LOTS."

The words "phase" and "section" have similar meanings in terms of project development.

The lots in Section III for which sale contracts were executed were larger than one acre.

IF THE ADVERTISEMENT DID PERTAIN TO UNAPPROVED LOTS IN SPRUCE RUN SECTION II, LEGAL ACTION SHOULD BE INITIATED FOR VIOLATIONS OF SECTION 2© OF ARTICLE IX OF THE RENSSELAER COUNTY SANITARY CODE AND SECTION 1116.1 OF THE PUBLIC HEALTH LAW.

(3) CONTRACTS FOR PURCHASE AND SALE OF REAL ESTATE IN REGARDS TO LOTS IN THE UNAPPROVED SPRUCE RUN SECTION III HAVE BEEN EXECUTED BY CENTURY 21 STANLEY AND THE MAJOR, LTD. ON BEHALF OF A.V.M.H. DEVELOMENT CORPORATION DURING 1986 AND 1987.

OUR OFFICE OF LEGAL AFFAIRS CONSIDERS EXECUTION OF A CONTRACT FOR PURCHASE AND SALE OF REAL ESTATE AS (a) AN OFFER FOR SALE, (b) SOLICITING, AND © A PURCHASE OFFER.

HENCE, THE EXECUTION OF SAID CONTRACTS FOR LOTS IN THE UNAPPROVED SPRUCE RUN SECTION III CONSTITUTES A VIOLATION OF SECTION 2© OF ARTICLE IX OF THE RENSSELAER COUNTY SANITARY CODE AND SECTION 1116.1 OF THE PUBLIC HEALTH LAW.

LEGAL ACTION SHOULD BE INITIATED FOR SUCH VIOLATIONS.

(4) Section 3(a)(1) of Article IX of the County Sanitary Code requires use of the Rensselaer County Health Department booklet entitled "Rural Sewage Disposal" as the basis of design for sub-surface sewage disposal in realty subdivisions.

"RURAL SEWAGE DISPOSAL" EXPRESSLY LIMITS THE USE OF "FILL SYSTEMS", i.e., DESIGNING SYSTEMS IN FILL NOT YET IN PLACE, TO HARDSHIP CASES, i.e., AN EXISTING FAILED SYSTEM.

THE DEVELOPMENT OF LAND FOR REALTY SUBDIVISION PURPOSES CANNOT BE CONSTRUED AS A HARDSHIP CASE.

Realty subdivision development options are limited to (1) utilization of public sewers, (2) design of sub-surface disposal systems when satisfactory soils exist on the site, i.e. native or installed by man and stabilized or (3) NO DEVELOPMENT.

SAID CONDITIONS ARE IN ACCORD WITH STATE REGULATIONS.

A PREVIOUS PRACTICE OF REVIEWING AND APPROVING REALTY SUBDIVISIONS UTILIZING SUB-SURFACE SEWAGE DISPOSAL WHEN THE LAND DOES NOT CONFORM TO COUNTY HEALTH DEPARTMENT REGULATIONS HAS BEEN DISCONTINUED BY PLAINTIFF.

SAID ACTION IS IN ACCORD WITH THE REGULATIONS AND WITH ENSURING PROTECTION OF PUBLIC HEALTH.

THE PRESENT PROCESS IS IN ACCORD WITH THAT IN ABUTTING LOCAL HEALTH UNITS.

PLAINTIFF IS COMMENDED FOR THE PROGRAM IMPROVEMENT.

YOUR ANTICIPATED COOPERATION IN CONTINUING TO IMPLEMENT ENVIRONMENTAL HEALTH PROGRAMS REMAINS APPRECIATED.

A copy of my letter of response to Mr. Anderson is enclosed for your records.

Very truly yours,

James D. Decker, P.E., Regional Director of Environmental Health

CC: Ian T. Loudon, M.D., Regional Health Director-ARD

William F. Leavy, Executive Deputy Director-Office of Public health

PLAINTIFF, P.E.. Rensselaer County Health Department

Richard Svenson, P.E. - Bureau of Community Sanitation and Food Protection

Donald Davidoff, Director-Field Operations Management Group

"My request of you, livyjr, if you are still out there, and if you are up to it, would be to have you place this letter in its proper context in this discussion in here ..."

"SINCE THIS LETTER SEEMS TO INDICATE THAT THE FEDERAL BUREAU OF INVESTIGATION RECORDS THAT YOU HAVE POSTED IN HERE CONCERNING PLAINTIFF'S FORCED REMOVAL AS RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER IN 1988 CONTAIN WILFULL AND INTENTIONAL FALSEHOODS ..."

"And also, since the existence of this January 13, 1988 letter in PLAINTIFF's Worker's Compensation file seems directly relevant to that March 1, 1988 TRANSCRIPT of that meeting between this Steven Anderson and this Dr. Leo Hetling of the New York State Department of Health which is a part of the Federal Bureau of Investigation records concerning this matter ..."

"Either way, Livyjr, thank you for considering my request ..."

[Livyjr]

"And this comment to the NEW YORK STATE BUSINESS COUNCIL by New York State Attorney General Eliot Spitzer on September 21, 2006 brings us right on back to the beginning in here, Livyjr, as I see it, anyway, back to what I call the FIRST SELL-OUT of not only your PLAINTIFF, but the people of the State of New York, as well, or certainly those of Rensselaer County, by the New York State Department of Health back in 1988 ..."

As Governor, I will ensure that the Governor's Office of Regulatory Reform places renewed focus on breaking the regulatory logjam in the State's permitting process for new development.

http://www.spitzerpaterson.com/main.cfm?ac...ches&s=spitzer3

"And it is indeed interesting, Livyjr, once one has dug a bit deeper into this matter, to look at the date of that meeting between this Steven Anderson and this Dr. Leo Hetling and especially this Jim Decker of the New York State Department of Health which occurred on March 1, 1988 ..."

"WHICH COMES FROM A TRANSCRIPT OF THAT MEETING WHICH IS IN THE FILES OF THE FEDERAL BUREAU OF INVESTIGATION IN CONNECTION WITH ITS ABORTED OR STILL-BORN HOBBS ACT INVESTIGATION OF PUBLIC CORRUPTION IN RENSSELAER COUNTY AND THE STATE OF NEW YORK ..."

"AND TO THEN GO INTO THE FILES WHICH SUPPORT THE PLAINTIFF'S VALID NEW YORK STATE WORKER'S COMPENSATION CLAIM AGAINST THE COUNTY OF RENSSELAER ...."

"WHICH REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO STIPULATED TO ON JULY 18, 1993 ..."

"Where one finds in a March 5, 1993 submittal to the New York State Worker's Compensation Review Board by your PLAINTIFF in support of his claim a copy of a January 13, 1988 letter to REPUBLICAN Rensselaer County Public Health Director Kenneth Van Praag on New York State Department of Health - Office of Public Health stationary from this same Jim Decker of the New York State Department of Health concerning your PLAINTIFF and this Steven Anderson who is meeting with this Dr. Leo Hetling and this Jim Decker at the New York State Department of Health offices on March 1, 1988 ...."

"Which January 13, 1988 letter is entitled Proposed Realty Subdivision, Spruce Run Section III, East Greenbush (T), Rensselaer County ..."

"And which January 13, 1988 letter concerning this Steven Anderson reads as follows:"

Dear Ken:

This is to confirm our January 8 and January 13, 1988 discussions regarding the above-noted subject.

(2) Mr. Anderson advised me that the AUGUST 30, 1987 TIMES UNION ADVERTISEMENT for "SPRUCE RUN PHASE III: TWO ONE-ACRE PLUS LOTS AVAILABLE AT A SPECIAL PRE-ROAD INSTALLATION PRICE OF $30,000" pertained to two approved lots slightly larger than one acre in Spruce Run North, not in the unapproved Spruce Run Section III.

THE SALE PRICE HAPPENS TO BE EQUAL TO THE EXECUTED CONTRACTS FOR PURCHASE AND SALE OF REAL ESTATE IN REGARDS TO LOTS IN THE UNAPPROVED SPRUCE RUN SECTION III.

YOUR RECORDS SHOULD BE REVIEWED TO ASCERTAIN IF TWO LOTS IN SPRUCE RUN NORTH WERE APPROVED BY THE COUNTY HEALTH DEPARTMENT PRIOR TO AUGUST 30, 1987 AND IF SPRUCE RUN NORTH INCLUDES A ROADWAY ABUTTING THE "TWO APPROVED LOTS." 

The words "phase" and "section" have similar meanings in terms of project development.

The lots in Section III for which sale contracts were executed were larger than one acre.

IF THE ADVERTISEMENT DID PERTAIN TO UNAPPROVED LOTS IN SPRUCE RUN SECTION II, LEGAL ACTION SHOULD BE INITIATED FOR VIOLATIONS OF SECTION 2© OF ARTICLE IX OF THE RENSSELAER COUNTY SANITARY CODE AND SECTION 1116.1 OF THE PUBLIC HEALTH LAW.

(3) CONTRACTS FOR PURCHASE AND SALE OF REAL ESTATE IN REGARDS TO LOTS IN THE UNAPPROVED SPRUCE RUN SECTION III HAVE BEEN EXECUTED BY CENTURY 21 STANLEY AND THE MAJOR, LTD. ON BEHALF OF A.V.M.H. DEVELOMENT CORPORATION DURING 1986 AND 1987.

OUR OFFICE OF LEGAL AFFAIRS CONSIDERS EXECUTION OF A CONTRACT FOR PURCHASE AND SALE OF REAL ESTATE AS (a) AN OFFER FOR SALE, (b) SOLICITING, AND © A PURCHASE OFFER.

HENCE, THE EXECUTION OF SAID CONTRACTS FOR LOTS IN THE UNAPPROVED SPRUCE RUN SECTION III CONSTITUTES A VIOLATION OF SECTION 2© OF ARTICLE IX OF THE RENSSELAER COUNTY SANITARY CODE AND SECTION 1116.1 OF THE PUBLIC HEALTH LAW.

LEGAL ACTION SHOULD BE INITIATED FOR SUCH VIOLATIONS.

A PREVIOUS PRACTICE OF REVIEWING AND APPROVING REALTY SUBDIVISIONS UTILIZING SUB-SURFACE SEWAGE DISPOSAL WHEN THE LAND DOES NOT CONFORM TO COUNTY HEALTH DEPARTMENT REGULATIONS HAS BEEN DISCONTINUED BY PLAINTIFF.

SAID ACTION IS IN ACCORD WITH THE REGULATIONS AND WITH ENSURING PROTECTION OF PUBLIC HEALTH. 

THE PRESENT PROCESS IS IN ACCORD WITH THAT IN ABUTTING LOCAL HEALTH UNITS.

PLAINTIFF IS COMMENDED FOR THE PROGRAM IMPROVEMENT.

YOUR ANTICIPATED COOPERATION IN CONTINUING TO IMPLEMENT ENVIRONMENTAL HEALTH PROGRAMS REMAINS APPRECIATED.

A copy of my letter of response to Mr. Anderson is enclosed for your records.

Very truly yours,

James D. Decker, P.E., Regional Director of Environmental Health

CC: Ian T. Loudon, M.D., Regional Health Director-ARD

William F. Leavy, Executive Deputy Director-Office of Public health

PLAINTIFF, P.E.. Rensselaer County Health Department
 
Richard Svenson, P.E. - Bureau of Community Sanitation and Food Protection

Donald Davidoff, Director-Field Operations Management Group

19 January 1988

Albany, New York Times Union

"BUONO REFUSES TO CITE DEVELOPERS OVER CODE"

By Laurie Anderson

TROY - Rensselaer County Executive John Buono said the county will attempt to solve differences with the developers of the Spruce Run subdivision, who allegedly have violated state Health Department codes.

Despite a state Health Department recommendation, Buono said Monday he did not intend to cite Steve Anderson of East Greenbush and his partners in developing the third phase of the 40-acre subdivision for alleged health code violations.

In a report released Friday, a state Health Department official recommended the county cite the partners for illegally entering sales contracts for 10 lots in Phase 3 that were not approved for development by the county Health Department because of improper drainage.

"We're going to try and see if we can work with Mr. Anderson," Buono said.

"He'll be invited to come in to talk and see if we can come to an agreement."

Anderson said Monday he is willing to work with the county in determining what steps are needed to make the land in Phase 3 of Spruce Run, located off Route 151 and New Road, fit to develop.

However, he disagreed with the state Health Department recommendation, saying, "Those charges were totally unfounded."

He said he was within his rights to sell $1,000 refundable options on the lots with the understanding that the land must be approved by the county Health Department before any purchase of the property could take place.

"There was no legal or ethical violation," Anderson said.

He has temporarily withdrawn the proposal to develop Phase 3 of the subdivision.

Twelve lots included in Phases 1 and 2 have been approved by the county Health Department and sold.

Anderson said he expected to find out how county officials want him to drain the land and then resubmit a plan for the work.

For the past several months, Anderson has been involved in a clash with PLAINTIFF, the county Director of Environmental Health.

PLAINTIFF contended that Anderson should not have built a road to Phase 3 or installed what he said was an inadequate drainage system without consulting the county first.

PLAINTIFF also said options on the land should never have been sold.

Buono has backed PLAINTIFF.

Anderson said PLAINTIFF knew work was being done on Phase 3 and, by not by not communicating clearly, caused the partners to spend $500,000 on the road and drainage system.

In his report, James Decker, the state Health Department's regional director of environmental health, commended PLAINTIFF and agreed that Anderson had apparently misunderstood county Health Department regulations.

Anderson said the county must take steps to ensure that developers know exactly what is required of them before they start spending a great deal of money.

"THE CAUSE OF THE WHOLE SITUATION LIES NOT WITH JUST MY SUBDIVISION BUT WITH THE INCONSISTENCIES OF THE COUNTY POLICY," HE SAID.

Buono said he will send letters advising developers throughout the county who have any questions on their projects to meet with his staff.

[Livyjr]

January 13, 1988

A PREVIOUS PRACTICE OF REVIEWING AND APPROVING REALTY SUBDIVISIONS UTILIZING SUB-SURFACE SEWAGE DISPOSAL WHEN THE LAND DOES NOT CONFORM TO COUNTY HEALTH DEPARTMENT REGULATIONS HAS BEEN DISCONTINUED BY PLAINTIFF.

SAID ACTION IS IN ACCORD WITH THE REGULATIONS AND WITH ENSURING PROTECTION OF PUBLIC HEALTH. 

THE PRESENT PROCESS IS IN ACCORD WITH THAT IN ABUTTING LOCAL HEALTH UNITS.

PLAINTIFF IS COMMENDED FOR THE PROGRAM IMPROVEMENT.

YOUR ANTICIPATED COOPERATION IN CONTINUING TO IMPLEMENT ENVIRONMENTAL HEALTH PROGRAMS REMAINS APPRECIATED.

A copy of my letter of response to Mr. Anderson is enclosed for your records.

Very truly yours,

James D. Decker, P.E., Regional Director of Environmental Health

CC: Ian T. Loudon, M.D., Regional Health Director-ARD

William F. Leavy, Executive Deputy Director-Office of Public health

PLAINTIFF, P.E.. Rensselaer County Health Department
 
Richard Svenson, P.E. - Bureau of Community Sanitation and Food Protection

Donald Davidoff, Director-Field Operations Management Group

"Livyjr, before you go on, if you are going to, would you please clarify for me whether the person being commended by the New York State Department of Health in this letter above here from this James D. Decker in early-1988 is in fact the same person that New York State Attorney General Eliot Spitzer and this Bush-judge Gary L. Sharpe in the federal District Court for the Northern District of New York and the federal Second Circuit Court of Appeals in New York City want us to believe is mentally ill and dangerous and needed some kind of mental health treatment on August 22, 2001?"

YES ....

It is in fact the same person ...

And as can be seen from this thread ......

If you bury enough evidence ....

On the one hand ....

As was done in this case by New York State Attorney General Eliot Spitzer ....

With the express permission of the federal District Court for the Northern District of New York and the federal Second Circuit Court of Appeals ....

And then ....

On the other ....

Allow a pack of outright lies into the record ....

Which again was done in this case ....

With the express permission and encouragement of the federal District Court for the Northern District of New York ...

And the federal Second Circuit Court of Appeals in New York City ....

You can then arrive at pretty much any conclusion that you want to ...

Which is the essence of politics up here in the State of New York ....

And POWER ....

And so ....

[Livyjr]

SHOULD EXPERT WITNESSES FOR THE COMMON PEOPLE IN AMERICA BE DENIED PROTECTION OF LAW WHEN THEIR EXPERT WITNESS TESTIMONY IN A COURT OF LAW THREATENS CORRUPTION WHICH FEEDS THE COFFERS OF THE POLITICAL PARTIES IN AMERICA?

RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER

This is a professional position involving responsibility for the planning, direction and supervision of the environmental health program of the Rensselaer County Department of Health.

The work involves providing advice and guidance to local officials and the general public in regard to environmental health problems and the measures necessary for improvements and compliance with legal requirements.

An incumbent provides leadership in the promotion of public health through application of environmental practices.

In addition, an employee is responsible for the enforcement of the provisions of the Public Health Law and local and State Sanitary Codes in relation to environmental matters.

Approved Civil Service Commission, December 13, 1979

And for anyone just joining in here, who is wondering at what is going on, we are talking about a NOTICE OF DECISION issued by newly-appointed BUSH CONSERVATIVE Federal District Court Judge Gary L. Sharpe in the Northern District of New York on March 31, 2005 that has as its practical effect, two things:

a) The ruling creates a "class" of people in the Northern District of New York WHO ARE IMMUNE from the operation of the state laws of the State of New York, on them, the PRIVILEGED CLASS; and

b) The ruling creates a second "class" of persons, the OUTCAST CLASS, in the Northern District of New York who are OUTSIDE THE PROTECTION of the state and federal law in the Northern District of New York, which is us, the citizens who are writing this thread as OUR epitaph, or more properly, the epitaph of OUR rights under the laws and Constitutions of the United States, where we are all natural born citizens, and the State of New York, where we all reside.

Simply stated, on August 22, 2001, "8-22", as we call it up here, a doctor in the City of Troy, New York, on alleged demand from REPUBLICAN politicians in the Town of Poestenkill, and the County of Rensselaer in the State of New York, and allegedly for payment, made out a completely fraudulent mental health involuntary commitment order for the PLAINTIFF in this matter, a New York State licensed professional engineer, and associate level public health engineer, and that commitment order (1) caused the PLAINTIFF to be incarcerated as a dangerous mental patient, and (2) has left him now "BRANDED" as a dangerous mental patient, so that his services as an "expert witness" on engineering matters and enforcement of the provisions of the New York State Public Health Law and Education Law as it pertains to professional practice of engineers in the State of New York are no longer available to us, the citizens of New York State who reside in the County of Rensselaer in the State of New York.

Without an expert witness to testify on OUR behalf, we are effectively "out of court" when it comes to challenging on-going corruption in OUR county health department that has the effect of depriving us of the equal protection of the New York State Public Health Law, which in OUR opinion, renders us as a form of "outcast", without access to due process of law in OUR own nation, and state, here in America.

What makes this March 31, 2005 FEDERAL Notice of Decision particularly odious to us, and shocking to OUR sense of "fair play", as well, is the latitude and "discretion" that it appears to give to New York State Attorney General Eliot Spitzer to be able to "remove" at will at any time, BASED ON NOTHING, and through the "vehicle" of the blatantly unlawful and illegal "PSYCHIATRIC TAKE-DOWN", any other professional engineers, who like this one, decide to take on the representation of citizens like us in matters involving corruption in state agencies such as the New York State Department of Health and the New York State Department of Environmental Conservation.

At a time when he is allegedly "TAKING MONEY" from the housing "industry" in the State of New York, Attorney General Spitzer has allegedly "engineered" the "removal" of an expert witness AGAINST the housing "industry" THROUGH UNLAWFUL AND FRAUDULENT MEANS, and Federal Court for the Northern District of New York appears to have just turned a blind eye to that as "politics as usual", with the BRANDING of OUR expert witness as a "CRACKPOT PROSECUTOR" by Eliot Spitzer, allegedly on behalf of the "housing industry", from who he is allegedly "taking money", according to public newpspaer accounts in our area.

So far as we are able to discern, this FRAUDULENT CERTIFICATION of our expert as "A DANGEROUS MENTAL PATIENT" by this POLITICAL doctor in Troy has now been filed in various computer systems, including those used by the New York State Police and the Federal Bureau of Investigation, so that this individual now has been put into a class of people that are "suspect", always, such a convicted child molestors, rapists, etc.

Obviously, besides destroying this person's life, and everything that this person worked to achieve in life in terms of professional credibility, this BRANDING, along with this JUDICIAL IMPRIMATUR on this fraud renders this person absolutely worthless as an expert witness, especially against the State of New York, which is always defended in court by the New York State Attorney General, which is Eliot Spitzer.

According to this March 31, 2005 Federal Court decision that we are discussing in here, IF our witness were to try and give testimony in a court of law against the state on behalf of citizens harmed by corrupt actions of the state, he would have to "disclose" this BOGUS "FACT" that he had this psychiatric commitment order issued against him, which then would immediately destroy his credibility in any such proceeding, and with disastrous consequences for all involved, EXCEPT ELIOT SPITZER, of course, and the State of New York, and the housing "industry", who have allegedly been giving money to Eliot Spitzer for "undisclosed services rendered"!

As for us, we are a group of people relatively small in number, and of modest means, as many are elderly, and had hoped to live out their lives in some degree of security, within the law, and we are without clout, and so WE ARE LOSERS in the eyes of the rich, famous and powerful, here in America, and we must finally admit that, to ourselves, first, and then, to the candid world, especially in the light of this shocking loss, which has left us bereft and without hope for the first time in over twenty years of continuous struggle against the forces of corruption in the State of New York.

Hence this thread!

Thank you for your interest in OUR demise!

DATE: October 11, 1988

TO: John Buono, Rensselaer County Executive

FROM: Associate Public Health Engineer, Rensselaer County Health District

SUBJECT: Integrity of Environmental Health Programs

As the Director of the Environmental Health Division, it is my responsibility to certify on behalf of Rensselaer County the integrity of the Code Enforcement Programs to the State of New York for the purpose of payment of our State operating funds.

I have reached a juncture where such certification by myself is no longer feasible.

My certification of our operations is as a licensed professional.

My conduct is governed in large part by Part 29 of the Codes of the Education Department which sets forth the actions deemed to constitute unprofessional conduct on the part of licensed individuals.

Section 29.1(b)(6) defines unprofessional conduct as "willfully making or filing a false report, or failing to file a report required by law or by the Education Department, or willfully impeding or obstructing such filing, or inducing another person to do so."

I can no longer vouch for the integrity of our programs and will not place my professional standing in jeopardy.

It is my professional opinion stated in writing to yourself that the programs I am responsible for have been very seriously undermined and compromised.

As my internal investigation proceeds, the probability of actions for damages against the Department increases, due to errors of omission and commission of former engineers and the Public Health Director.

As the Public Health Law requires me to conduct investigations into incidents involving public health nuisance or hazard, I find myself in the course of such investigation returning to our own files with consistent violation of code on the part of County staff.

And here, a question has come in about IF the FBI records were going to cause problems, why were they included in the record; and why was it even necessary to go all the way back to 1988, when the psychiatric-takedown occurred in 2001, and those are both important and relevant questions which I will take a moment to discuss ....

As to why it was deemed necessary to go all the way back to 1988, and these are indeed "judgment calls", that was necessitated by charges or allegations or assertions from the defendants that the PLAINTIFF had an alleged "long psychiatric history" which required them to act in the public good to incarcerate PLAINTIFF on August 22, 2001 .......

EXCEPT ....

There is no evidence of that in the record, this alleged long psychiatric history ....

Because it is not true ....

Or factual .....

What is in the record, and this had to be documented with evidence, which is why the FBI records were brought in, is that in the summer of 1988, the PLAINTIFF was sent out to a certain location in the Town of Sand Lake in the County of Rensselaer in the State of New York by the Public Health Director of the Rensselaer County Department of Health to what was in fact an ambush, where the PLAINTIFF almost had his head knocked off by a back-hoe bucket swung at him on purpose with the intent of knocking PLAINTIFF's head clean off his shoulders .....

And while the PLAINTIFF was just able to pull his head back in time to narrowly avoid being hit, the back-hoe bucket caught the brim of PLAINTIFF's hat and spun his head around, which seriously impacted shrapnel wounds PLAINTIFF had received to his head and neck in Viet Nam in 1969 .....

From that time on, then, according to the records, PLAINTIFF's health went into a serious decline, which caused PLAINTIFF to be unable to carry on with the duties of an associate public health engineer in the Rensselaer County Health District after October 12, 1988 ....

But not for psychiatric reasons ....

All of which is firmly documented in the public record ....

Which is entirely worthless if a jury cannot see that record, or have access to it during a trial ....

Which is why it was necessary to go back to 1988, to what PLAINTIFF was doing on the last day he served as associate public health engineer in the Rensselaer County Health District, and that was investigating public corruption in the Rensselaer County Department of Health involving the man who had sent PLAINTIFF out to Sand Lake to get his head knocked off, earlier that same year, so as to end PLAINTIFF's investigation ......

Which ambush failed to totally achieve its goal, which then sent the politicals in Rensselaer County into a panic, because they were not going to get a second opportunity to dispatch the PLAINTIIFF, and they knew it ......

And we felt that it was very important for the jury to hear all of this from the PLAINTIFF, so that they could then listen to the defendants' version of things, and thereby determine where the truth really does lie, here .....

And we felt that the jury needed to know that subsequent to all of that occurring,  the FBI contacted PLAINTIFF at his home, according to the records, in connection with an investigation that it was conducting into public corruption in Rensselaer County, and that PLAINTIFF then gave evidence to the FBI concerning public corruption in Rensselaer County ...

AND at no time during any of this was there evidence that PLAINTIFF was mentally ill or dangerous, so, the FBI records serve as a necessary benchmark to counter the false charges of the defendants that PLAINTIFF suffered from a long psychiatric history .....

And here it must be kept in mind that one does not go before a jury, and then try and figure out what the questions to be asked are, or at least we do not, up here ....

SO ....

What we posited before the complaint was even filed, and the evidence assembled, as the key question for the jury to have to consider is this - IF, AS OF THIS DATE IN TIME, PLAINTIFF HAD NO PSYCHIATRIC HISTORY, AT ALL, WHEN EXACTLY AFTER THAT DID THIS ALLEGED PSYCHIATRIC HISTORY BEGIN ....

And of course, the jury would not be asked that question directly .....

Rather, each of the defendants making the false charge would be asked, IN FRONT OF THE JURY, to address that very issue .....

IF, AS OF THIS DATE, PLAINTIFF WAS GIVING EVIDENCE OF PUBLIC CORRUPTION IN RENSSELAER COUNTY TO THE FBI, WHEN WAS IT AFTER THAT THAT PLAINTIFF BECAME ALLEGEDLY MENTALLY ILL AND DANGEROUS, and that answer would end up being August 22, 2001, when the defendants made that falsehood up out of whole cloth so as to remove PLAINTIFF as a witness against the County of Rensselaer for continuing a pattern of unlawful conduct that is well-documented in the files of the United States Department of Justice, in connection with an investigation that it was conducting of public corruption in Rensselaer County, independent of that being conducted by the PLAINTIFF himself ....

SO ....

Corroboration ....

And here it must be said that while we are not lawyers, we are also not fools nor tyros at this business of gathering evidence and presenting charges in an administrative proceeding, or in a court of law, either ....

In fact, in the State of New York, that is what licensed professional engineers are supposed to be doing, protecting and safeguarding life, health and property in the State of New York, BY STATE LAW, and licensed professional engineers do this in part by appearing in court on behalf of the people of the State as expert witnesses ....

And so ....

Despite gobbledegook from lawyers to the contrary about how uncertain and mysterious the legal process is, we actually find it quite straight-forward, by the book, anyway ....

And so ....

19 January 1988

Albany, New York Times Union

"BUONO REFUSES TO CITE DEVELOPERS OVER CODE"

By Laurie Anderson

TROY - Rensselaer County Executive John Buono said the county will attempt to solve differences with the developers of the Spruce Run subdivision, who allegedly have violated state Health Department codes.

Despite a state Health Department recommendation, Buono said Monday he did not intend to cite Steve Anderson of East Greenbush and his partners in developing the third phase of the 40-acre subdivision for alleged health code violations.

In a report released Friday, a state Health Department official recommended the county cite the partners for illegally entering sales contracts for 10 lots in Phase 3 that were not approved for development by the county Health Department because of improper drainage.

"We're going to try and see if we can work with Mr. Anderson," Buono said.

"He'll be invited to come in to talk and see if we can come to an agreement."

"Livyjr, did REPUBLICAN Rensselaer County Executive John L. Buono have any lawful authority, jurisdiction or discretion to block a prosecution of the New York State Public Health Law in Rensselaer County back in 1988?"

NO ...

ABSOLUTELY NOT ....

NONE AT ALL ...

However ....

As this thread demonstrates ....

That did not matter ...

Since in the State of New York .....

The New York State Public Health Law is little more than a standing joke ....

And it is that way ...

In large part ...

BECAUSE OF WHAT TRANSPIRED IN THIS MATTER ....

Where REPUBLICAN Rensselaer County Executive John L. Buono very publicly tossed enforcement of the New York State Public Health Law right out the window in the pages of the HEARST CORPORATION-owned Albany, New York TIMES UNION .....

On January 19, 1988 ...

AND OUTSIDE OF THE PLAINTIFF IN HERE ....

BUONO WAS NEVER CHALLENGED FOR DOING SO ....

BY ANYONE ....

STARTING WITH NEW YORK STATE HEALTH COMMISSIONER DR. DAVID AXELROD .....

And including the Albany, New York TIMES UNION ....

AND THE NEW YORK STATE ATTORNEY GENERAL ...

And so ....

This post has been edited by Livyjr: Nov 6 2006, 06:18 AM

[Livyjr]

BRIBERY: The offering, giving, receiving or soliciting of SOMETHING OF VALUE for the purpose of INFLUENCING THE ACTION of an official in the discharge of his or her public or legal duties; the corrupt tendering or receiving of a price for official action; the receiving or offering any undue reward by or to any person concerned in the administration of public justice or a public office to influence his behavior in office; any gift, advantage or emolument offered, given or promised to, or asked and accepted by any public officer to influence his behavior in office.

"Any direct or indirect action to give, promise or offer anything of value to a public official or witness, or an official's or witness' solicitation of something of value is prohibited as a bribe or illegal gratuity"

- Title 18 United States Code section 201

On October 12, 1988 ....

At six o'clock P.M. ....

People all over the greater north-east of OUR America .....

Who were watching the Christine Kapostacey-Jansing Show ....

A number in the millions ....

According to TV Channel 13 broadcasting out of Menands, New York ....

Those people all saw the face of CONSERVATIVE REPUBLICAN Rensselaer County Executive John L. Buono come onto their viewing screens ....

And they heard him tell Kapostacey-Jansing ....

In very serious tones ....

That he had locked the PLAINTIFF herein ....

The associate public health engineer for the Rensselaer County Health District ....

Out of access to his office in the Rensselaer County Office Building .....

Because a group of developers ....

Had put the sum of eighty-thousand dollars before him ....

And so .... 

He had to act ....

And Kapostacey-Jansing ....

Herself quite astute in the ways of REPUBLICAN politics in the Albany area of the State of New York ....

AND VERY ACCEPTING OF THOSE WAYS ....

Said, "yes" .....

For that kind of money, you have to act ....

And that was that .....

Which is all a matter of public record in the State of New York ....

But would be largely unknown and unheard of in OUR America, for all of that ....

Were it not for the miracle of the internet ...

And this Forum ...

Where common Americans .....

Finally have a place ...

Where for the moment, at least ...

Responsible free speech is still possible ....

So much news is always happening ....

Here in OUR America ...

That people are just overwhelmed by it ...

And so ...

Something like this story we are discussing in this thread ...

Would just slip right between the cracks ...

Especially since no one was at all shocked that Buono actually made such an open admission on a regionally-broadcasted show such as the Kapostacey-Jansing Show, with an alleged combined audience numbered in the millions, according to Kapostacey-Jansing's publicist ....

And such is the state of politics up here in the greater north-east ....

Where it is expected and accepted that a public official would not only take an alleged bribe to perform a "public service" for some special interest group, like barring a public health engineer from access to his office in the Rensselaer County Office Building, while the engineer's office was HOOVERED, which is to say, cleaned out, with all files and records found therein destroyed by Rensselaer County employees on the orders of Buono's attorneys, but make public statements about it on a major upstate-New York TV show ...

A futile attempt, on Buono's part, in the end, to keep silent alleged corrupt practices in the Rensselaer County Department of Health .....

The HOOVERING, I mean ....

Since the key evidence was backed up elsewhere ...

But suffice to say ...

The damage was done ....

And in the end, Buono proved he had what it took to actually be the UNITARY EXECUTIVE ....

And that is absolute control over the law, itself ....

And there, Buono was well-protected ....

As was made very clear to all of us when Buono made the Federal Bureau of Investigation have to get out of Rensselaer County and slink back over to Albany with their tails between their legs like some whipped little dog .....

And publicly so .....

As it has to be ....

To be continued ....

So ....

This was quite a production, here, this set of hearings that Kenneth Van Praag was testifying at on March 15 and March 16, 1989 ....

They lasted for some thirty days and allegedly cost Rensselaer County some $100,000 to keep them going for that time ....

There were at least two television cameras and news crews there every day, not to mention a reporter from WGY news in Schenectady, New York, the ClearChannels station, and a reporter apiece from the Albany, New York Times Union and the Troy, New York Record newspapers ....

The F.B.I. was there, of course ....

And the DEVELOPMENT COMMUNITY was very well represented .....

Every day ....

For all practical purposes, REPUBLICANS Gordon Mayo and Philip Lance had their own TV show going, and the exposure did not harm either one of them ....

Both were to be rewarded by the REPUBLICANS with high-paying state jobs for their performances in this little drama being played out here in these transcript excerpts above .....

And Christine Kapostacey Jansing, the TV Channel 13 anchor in Menands, New York whose "splice job" got the ball rolling for Buono on October 11, 1988 .....

The "splice job" was said to have cemented her reputation for "political reliability" with the REPUBLICANS in the State of New York, and as an alleged result of the success of the "splice job", followed by all the media coverage of the "HEARINGS" themselves, Kapostacey Jansing was to be rewarded with an award and a job with the NETWORK down in New York City ....

And John Buono himself was to be catapulted up to the state stage in the State of New York by the REPUBLICANS for the very public stand he demonstrated in these hearings against what the REPUBLICANS considered "liberal advocacy" on the part of the associate public health engineer in the Rensselaer County Department of Health, and Dr. David Axelrod over in Albany, New York, who was Democrat Mario Cuomo's state Health Commissioner ....

The same Democratically-appointed state Health Commissioner who had cut off the funding for the corrupt Environmental Health programs of the REPUBLICAN-controlled Rensselaer County Department of Health in 1986 .....

And the REPUBLICANS do not forget who has done them a wrong, as they see wrongs being done to them ....

And so ....

Here was Buono's chance to show all the world just where he stood with respect to this spread of "liberalism" in the Environmental Health Division of the Rensselaer County Department of Health - this concept that the Public Health Law and state Sanitary Code were in place to protect the citizens of the State of New York from unscrupulous land developers and speculators - and hence Kenneth Van Praag as his STAR WITNESS on the Six O'Clock news .......

Night after night after night ....

Every day John Buono had his press people down there in the "HEARING ROOM" to hold press briefings to tell the press what witnesses they had presented that day, and what points they had made that day ....

And so ...

This sworn testimony by Mr. Van Praag on March 15 and 16, 1989 was duly noted by those TV cameras and various news reporters ....

And then, it was made the subject of the press briefing ....

"LOOK WHAT WE HAVE PROVED TODAY ...."

Now ....

To whom was that message directed?

And why?

That is why engineers that are going to practice in the State of New York, ON BEHALF OF THE PUBLIC INTEREST, MUST BE LICENSED, which is to say, SUPPOSEDLY qualified by education, experience, and TEMPERAMENT, including demonstrated and proven integrity, SO AS TO BE ABLE TO maintain that public trust without being CORRUPTED in the process of doing so, which is where this matter begins in 2001, with an engineer who allegedly did not know that distinction, being caught in the act of "taking a turn" impermissable by law in the State of New York.

"POLITICS", and political expediency versus professionalism, and so far, professionalism has been the loser, thanks to politics, and the power that it has over our health, safety, and well-being right now, where the money to buy that "power" is flowing so freely, into the "coffers" and "war chests" of people like New York State Attorney General Eliot "Big EL" Spitzer.

And there is where a big part of this problem up here begins, with political hacks and plain incompetents being given positions of responsibility and authority OVER OUR HEALTH, SAFETY AND WELL-BEING, which they are neither trained for, nor qualified to do, all for purposes of partisan "political expediency", which I am going to classify in here as giving out bogus approvals in exchange for "donations" into the coffers of the party in power at the time!

Selling lies as a means for the "party" to make "its" money!

And we who are affected by this negligence, this malfeasance, we are to say nothing, OUT OF A CONTINUING FEAR OF FINDING OURSELVES BRANDED PUBLICLY AS DANGEROUS MENTAL PATIENTS, AND INCARCERATED IN SECURE CORPORATE GULAGS, SO AS TO INSURE OUR CONTINUED SILENCE?

This case that I am talking about in here itself first became a very public matter that caught everyone's attention in October of 1988, when John Buono, the Rensselaer County Executive at the time, appeared in an on-camera interview on TV Channel 13 out of Albany, New York, with news anchor Christine Kapostacey Jansing, and announced that (1) a group of developers in Rensselaer County had got up an EIGHTY-THOUSAND DOLLAR WAR CHEST that they were going to give to anyone that would get rid of this engineer that we are talking about in here; and (2) that he was getting rid of the engineer, himself!

SO?

WHERE DID THE EIGHTY GRAND GO, THEN?

Just curious, of course!

To be continued .....

19 January 1988

Albany, New York Times Union

"BUONO REFUSES TO CITE DEVELOPERS OVER CODE"

By Laurie Anderson

TROY - Rensselaer County Executive John Buono said the county will attempt to solve differences with the developers of the Spruce Run subdivision, who allegedly have violated state Health Department codes.

Despite a state Health Department recommendation, Buono said Monday he did not intend to cite Steve Anderson of East Greenbush and his partners in developing the third phase of the 40-acre subdivision for alleged health code violations.

In a report released Friday, a state Health Department official recommended the county cite the partners for illegally entering sales contracts for 10 lots in Phase 3 that were not approved for development by the county Health Department because of improper drainage.

"We're going to try and see if we can work with Mr. Anderson," Buono said.

"He'll be invited to come in to talk and see if we can come to an agreement."

"Trying to fly under the radar - Contributors find $99 limit to campaign contributions won't always guarantee anonymity" 
 
By RICK KARLIN, Capitol bureau, Albany, New York Times Union

First published: Monday, October 16, 2006

ALBANY -- The $99 contribution has long been an open secret in the world of campaign finance.
 
Candidates don't have to reveal the names of people who give less than $100 to their campaigns, making the $99 gift a way to give while remaining anonymous.

But several dozen supporters of Democratic gubernatorial candidate Eliot Spitzer --state workers who openly acknowledge they gave those contributions specifically to conceal their political leanings -- found it doesn't always work that way.

The story of the Capital Region's $99 contributors is as much about the state capital's political culture and its spoils system as it is about money.

It's a culture with long memories, and one in which political loyalty can trump competence in the workplace.

Rick Karlin can be reached at 454-5758 or by e-mail at rkarlin@timesunion.com.

On August 21, 2001, REPUBLICAN Rensselaer County Public Health Director Denise Ayers watched the PLAINTIFF in this matter under discussion in here walk into the office of Rensselaer County Director of Environmental Health Roy Champagne to make inquiry into the location of a map that had been omitted, apparently by Ayers, from a Freedom of Information request that the PLAINTIFF had made of the Rensselaer County Department of Health prior to initiating a lawsuit against Ayers and Champagne in New York State Supreme Court for questionable approval practices of sewage disposal systems in Rensselaer County, in the State of New York ...

According to witness accounts, and statements made in connection with this matter, Ayers then called REPUBLICAN Rensselaer County Executive Kathleen Jimino to report the PLAINTIFF's presence in the Rensselaer County Office Building, and his purpose for being there ....

And sometime later that same day, according to witness statements, Jimino called Ayers back and told her not to worry, that "arrangements" had been made, and PLAINTIFF would no longer be a "problem" for her or Champagne ....

And that was that ....

Jimino spoke true ...

Hence this thread ....

Just days earlier, Friday, August 17, 2001, to be exact, Jimino herself had called the PLAINTIFF at his home to warn him against pursuing charges against either Karl Richard Aiken, a New York State licensed professional engineer doing "sign-offs" for people in Rensselaer County "desiring" a Rensselaer County Department of Health sewage system construction permit for land that did not conform to the requirements of the Rensselaer County Sanitary Code, or Jeffrey Pelletier,  Aiken's "client" .......

When Jimino heard that the PLAINTIFF had ignored her personal warning to keep out of the affairs of the Rensselaer County Department of Health, she put into effect the "machinery" which resulted in the PLAINTIFF herein, a New York State licensed professional engineer, being locked up as a dangerous mental patient in the secure mental health facility of the Stratton VA Hospital in Albany, New York on August 22, 2001, the day following ....

On March 31, 2005, Hon. Gary L. Sharpe, a Bush-appointee serving as a district court judge in the Federal Court for the Northern District of New York awarded a GRANT OF IMMUNITY to Jimino, Ayers and all of those who comprised the "machine" that fateful day, to include Doctor John Christian Braaten, a CORPORATE DOCTOR at Samartian Hospital in Troy, New York who unlawfully certified a "DIRECT ADMISSION" for PLAINTIFF to the secure mental health facility of the Stratton VA Hospital, despite never having seen nor examined the PLAINTIFF in his life ......

This GRANT OF IMMUNITY by Judge Sharpe on March 31, 2005 reversed the course of some thirty years of Federal constitutional law ....

A GRANT OF IMMUNITY FROM PROSECUTION which was subsequently upheld by the Federal Second Circuit Court of Appeals in New York City on December 15, 2005 ....

That is what this thread is talking about in here .....

WHO, WHAT, WHEN, WHERE and WHY ....

This is a real American story ....

In that all of the events discussed in here actually did transpire ....

And all the people are themselves real people ...

Not actors ....

Why are we talking about this otherwise obscure event in here, especially since the PLAINTIFF, a disabled veteran, did not prevail?

Because it happened is why .....

When according to OUR laws in what is alleged to be a NATION OF LAWS, none of this should ever have been ....

At least not without the perpetrators themselves, Jimino et al, having to account for their actions in a court of law, here in OUR America ....

We hear much these days about courts ...

And judges ....

And what is alleged by CONSERVATIVES like United States Senator Rick Santorum, to be a court system in OUR America that is out of control ......

Which is why, according to him, the Bush-appointee Samuel Alito should be put on the United States Supreme Court ...

So as to get OUR federal court system ..

"Back on the right track ..."

Well, here is a real-life case that serves as a role model for the BUSHIAN vision of how OUR federal court system should function ...

Which is as an organ of protection for the powerful in OUR America ....

While at the same time serving as an organ of discrimination to OUR nation's disabled veterans ....

When they seek to challenge corruption here in OUR America ....

Every now and then, someone will ask me isn't it dangerous for me to be speaking out this way, and I would say, OF COURSE ....

And that is why I am doing it .....

Because it has gotten dangerous ....

And so ....

"We're going to try and see if we can work with Mr. Anderson," Buono said.

"He'll be invited to come in to talk and see if we can come to an agreement."

"UNLESS I MISS MY BET, HERE, LIVYJR, BASED ON THIS FEDRAL DEFINITION OF BRIBERY:"

BRIBERY: The soliciting of SOMETHING OF VALUE for the purpose of INFLUENCING THE ACTION of an official in the discharge of his or her public or legal duties; any gift, advantage or emolument offered, given or promised to any public officer to influence his behavior in office .....

"AND ALL OF THE EVIDENCE THAT I HAVE BEEN REVIEWING IN HERE SINCE THIS THREAD STARTED UP, WHAT THIS BUONO IS SAYING IN THIS JANUARY 19, 1988 ALBANY, NEW YORK TIMES UNION ARTICLE ABOVE HERE SOUNDS LIKE A VERY PUBLIC AND VERY OPEN SOLICITION OF THIS ALLEGED $80,000 BRIBE THAT BUONO TOLD THIS TV PERSON CHRISTINE KAPOSTACEY-JANSING ABOUT ON OCTOBER 12, 1988 ..."

NO ....

You did not miss your bet at all ....

THAT IS HOW IT IS DONE ....

UP HERE IN THE CORRUPT STATE OF NEW YORK ...

RIGHT OUT IN THE OPEN LIKE THAT ....

USING THE PAGES OF THE ALBANY, NEW YORK TIMES UNION ....

TO "ADVERTISE" YOUR READINESS AND WILLINGNESS TO DISCUSS BEING BRIBED ....

A KIND OF "MATING RITUAL", IF YOU WILL ....

COURTESY OF THE ALBANY, NEW YORK TIMES UNION ....

WHICH ITSELF IS QUITE COMFORTABLE WITH THIS CULTURE OF CORRUPTION UP HERE ......

WHICH IS THE ESSENCE OF NEW YORK STATE POLITICS ....

THAT IS PROTECTED BY THE OFFICE OF THE U.S. ATTORNEY FOR THE NORTHERN DISTRICT OF NEW YORK ....

WHICH MEANS THAT IT IS IGNORED BY THE FEDERAL BUREAU OF INVESTIGATION ....

WHICH AGENCY EXISTS TO INTIMIDATE THOSE WHO WOULD QUESTION THIS OPEN SOLICITATION OF BRIBES ....

IN THE STATE OF NEW YORK ....

BY ELECTED PUBLIC OFFICIALS ....

LIKE THE REPUBLICAN BUONO ....

JUST AS DID HAPPEN IN THIS CASE ...

ACCORDING TO ALL OF THE EVIDENCE THAT YOU HAVE BEEN REVIEWING ....

And so ....

[Livyjr]

It's said up here that old "Donnie Bob" could talk hair onto a cue ball, that's how eloquent and persuasive he is said to be, by those who are in the know about such things up here ....

And all I can think is that he is going to have to, in this appeal, anyway .....

For it appears to us that not only is old "Donnie Bob" going to ask the Second Circuit Court of Appeals to alter the meaning and intent of the New York State Mental Hygiene Law, but further, that he is going to ask the Court to depart from its own settled law in cases involving New York State Mental Hygiene Law sections 9.39 and 9.40, as is the case herein ...

Specifically, old "Donnie Bob" appears to be going after the "REASONABLENESS TEST" for "seizures" pursuant to the New York State Mental Hygiene Law as that test is outlined in Glass v. Mayas, 984 F.2d 55, 58 (2d Cir. 1993).

And "Donnie Bob's" need in this case to have the Second Circuit Court of Appeals abandon its previous holdings in Glass v. Mayas, supra, comes about with respect to the question of immunity for his clients, and especially the two doctors, Braaten and Morris, who are alleged by the Gold Johnsons, "Donnie Bob's" law firm, to have executed involuntary commitment orders for the PLAINTIFF in this case pursuant to New York State Mental Hygiene Law sections 9.39 and 9.40 without having ever seen or examined the PLAINTIFF in their lives ....

In Glass v. Mayas, supra at 58, the Second Circuit Court of Appeals states the present "law of the land" as the "STANDARD" for "QUALIFIED IMMUNITY" in the Fourth Amendment context is "objective reasonableness", citing the United States Supreme Court rulings in Graham v. Connor, 490 U.S. 386, 397 (1988) as its authority.

What "Donnie Bob's" strategy actually is right now, is of course, open to a great deal of conjecture, but our indications are that "Donnie Bob" is going to argue that eighteen years is quite enough for that old standard, thank you very much, and that it is obviously quite out of date, since it was allegedly for the good of the people of the State of New York that his clients acted when they ordered the PLAINTIFF herein involuntarily committed to the Stratton VA Hospital in Albany New York on August 22, 2001 as an alleged dangerous mental patient, and so, the standard should be changed to one that will protect "Donnie Bob's" clients, because they are "good people" ....

Short, sweet, and to the point ....

Which is why we are going to New York City to hear "Donnie Bob" argue ....

For the very history of it, to be exact ....

We wonder, of course, whether New York State Attorney General Eliot Spitzer himself will argue this case before the Federal Second Circuit Court of Appeals in November of this year, or whether he will delegate the arguing to one of his underlings ....

It certainly would be something to hear "Old Firebrand" Eliot Spitzer argue this one, of course ...

They say that he is very eloguent and quite forceful and dramatic, besides ....

It is said that before he argues a case, that he will go and get a cheap pair of glasses, and that while he is arguing, he will start into getting agitated about the temerity of whoever he is up against to be up against him, and they say he'll get to twisting those glasses in his hands as he tells the court how disgusting it is for his opponent to be wasting the time of the State of New York in this way, and * SNAP BANG *, he will break those glasses in his hand, and then he will express even greater disgust and ....

They say it is quite effective, and so ...

We hope that Mr. Spitzer himself does argue this case ....

And we are looking forward to hearing Tommy O'Connor argue on behalf of Republican Rensselaer County Executive Kathleen Jimino and the Rensselaer County defendants, including Carl Richard Aiken, and Kevin Joseph McGrath, because Tommy O'Connor is said to have a real Irish touch to his arguing, and it is said up here, anyway, that before you go to your final resting place, you should hear Tommy O'Connor's silver tongue argue a case in a court of law, and so ....

Something I don't want to miss, anyway ....

For someone like me, a simple country person from humble roots who read about Abe Lincoln in the fifth grade and took heart from his story that hard work and honesty could get one down the road to home in OUR America, this is quite a historic occasion, to be going to New York City to the Federal Court just below the United States Supreme Court to hear another simple country person address the Court on behalf of what is really our birthright as American citizens, which is due process of law ....

For me, at this point, it is simply about enduring ....

A belief in something that was given to us by OUR forefathers to hold for posterity ....

That is what I personally enlisted in the United States Army for, to protect and defend the United States Constitution, and so ...

For me, this is history to see the Constitution defended by a mere citizen in this other way, standing before a court of law in America, on his own, a fellow disabled veteran, standing there without need of a lawyer, as he is armed with the truth, the facts on his side, and the law standing there with him, as a shield, for all the candid world to see ....

"The RIGHT of the EXECUTIVE to PUNISH WITHOUT NEED FOR DUE PROCESS OF LAW ..."

"Regardless of what else may have transpired in here, Livyjr ..."

"Without looking to the right or to the left ..."

"But straight down the center ..."

"WHAT HAS BEEN PRESERVED HERE BY THE FEDERAL SECOND CIRCUIT COURT OF APPEALS IN NEW YORK CITY IS THE RIGHT OF THE EXECUTIVE TO PUNISH ..."

"WITHOUT NEED FOR DUE PROCESS OF LAW ......"

"WHICH IS AGAINST THE NEW YORK STATE CONSTITUTION, OF COURSE ..."

"And it did not make any real difference in that equation who or what your PALINTIFF might have been ..."

"THE FACT THAT HE WAS BEING PUNISHED WAS SUFFICIENT TO RENDER HIM A NON-PERSON IN THE FEDERAL SECOND CIRCUIT COURT OF APPEALS IN NEW YORK CITY ..."

"In essence ..."

"A modern-day Dred Scott ...."

"PROPERTY ..."

"AND NOT A PERSON ..."

"As someone has previously suggested ..."

"And while it is true that New York Attorney General Eliot Spitzer will 'INHERIT' that RIGHT TO PUNISH WITHOUT NEED FOR DUE PROCESS OF LAW himself when he becomes GOVERNOR of the State of New York ..."

"THE POINT TO NOT LOSE SIGHT OF IS THE FACT THAT THE FEDERAL APPEALS COURT IN NEW YORK CITY HAS SANCTIONED THIS UNCONSTITUTIONAL USE OF THE EXECUTIVE POWER IN THE STATE OF NEW YORK ..."

"IN THIS CASE SPECIFICALLY ..."

"BY REPUBLICAN RENSSELAER COUNTY EXECUTIVE KATHLEEN JIMINO ...."

And so .....

This post has been edited by Livyjr: Nov 6 2006, 05:12 PM

[Livyjr]

And here, a reader has stopped me to ask if I can point to anything at all that conclusively states that in the State of New York, licensed professional engineers are not supposed to be playing "politics" ....

By signing off on projects that do not meet the requirements of all applicable federal, state and local laws, rules and regulations .....

As the PLAINTIFF was being required to do in this matter by Rensselaer County as a CONDITION OF HIS EMPLOYMENT with the Rensselaer County Department of Health in 1988 ....

Or more specifically perhaps, can I point to anything that definitively states that in the State of New York, licensed professional engineers are supposed to act with integrity at all times .....

And my answer is yes, I believe that I can ....

As follows:

A local board of health may not confer immunity on a professional engineer from any of the Rules of the Board of Regents defining unprofessional conduct set forth in Part 29 of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York (8 N.Y.C.R.R.).

Sections 6506, 6507, 6508 and 6509 of the New York State Education Law GIVE NO AUTHORITY to local boards of health in PROFESSIONAL ENGINEERING OR DISCIPLINE MATTERS.

A PROFESSIONAL ENGINEER SHOULD NEVER COMMIT PROFESSIONAL MISCONDUCT.

WHERE A PROFESSIONAL ENGINEER IS GIVEN DIRECTIONS THAT REQUIRE HIM OR HER TO COMMIT PROFESSIONAL MISCONDUCT, IT REMAINS THE OBLIGATION OF THE PROFESSIONAL ENGINEER NOT TO COMMIT SUCH MISCONDUCT.

Nothing in the definition of the practice of engineering under section 7201 of the Education Law PERMITS AN EXEMPTION FROM PROFESSIONAL DISCIPLINARY VIOLATIONS ON THE GROUNDS OF HAVING FOLLOWED ORDERS FROM A LOCAL HEALTH BOARD.

A professional engineer is ALWAYS RESPONSIBLE for his or her own professional work.

WHILE A PROFESSIONAL ENGINEER MAY TAKE PURELY ADMINISTRATIVE ORDERS FROM AN UNLICENSED PERSON, THE ENGINEER SHOULD NEVER FOLLOW ORDERS WHICH REQUIRE HIM OR HER TO COMMIT PROFESSIONAL MISCONDUCT.

Again, it is the professional engineer's PERSONAL OBLIGATION NOT TO COMMIT PROFESSIONAL MISCONDUCT.

Those words are taken directly from a June 11, 1991 letter on New York State Education Department stationary to us, the concerned citizens in this matter, from a Mr. Lance R. Plunkett, Senior Attorney, Regulations Review Unit, New York State Department of Education ....

Who was responding to us on behalf of Mr. Douglas Hasbrouck, Executive Secretary for the New York State Board for Engineering and Land Surveying in the State of New York ...

Where all of what transpired in this matter took place ....

My position in this thread ....

Is that this June 11, 1991 letter from the New York State Department of Education ...

Is clear and concise on its face ....

And unambiguous .....

And that it represents THE OFFICIAL STATED POLICY of the "State of New York" with respect to how licensed professional engineers must conduct themselves at all times in the State of New York ...

Regardless of POLITICAL PRESSURE .....

Or threats and intimidation ....

On the one hand .....

And regardless of a "lax regulatory environment" on the other ....

AND THAT IS WHERE THE ON-GOING DISPUTE IN THIS MATTER STEMS FROM ....

How "ABSOLUTE" is the law, really, when it does come right on down to the NITTY-GRITTY .....

Where a licensed engineer like PLAINTIFF is told by a powerful REPUBLICAN lawyer to "*** THE LAW, JUST DO WHAT YOU ARE BEING TOLD TO DO, OR YOUR SORRY *** IS GOING RIGHT ON OUT THE DOOR, AND I'LL PERSONALLY SEE THAT YOU NEVER WORK AS AN ENGINEER IN THE STATE OF NEW YORK, EVER AGAIN!"

How "absolute" is the law .....

When a Bush-appointee federal district court judge in the federal Northern District of New York makes it very clear to all of us "honest folks" up here who believe in the "law" as stated in that June 11, 1991 letter ....

That that law is nothing but one great big joke ...

And so ....

"And it is indeed interesting, Livyjr, once one has dug a bit deeper into this matter, to look at the date of that meeting between this Steven Anderson and this Dr. Leo Hetling and especially this Jim Decker of the New York State Department of Health which occurred on March 1, 1988 ..."

"WHICH COMES FROM A TRANSCRIPT OF THAT MEETING WHICH IS IN THE FILES OF THE FEDERAL BUREAU OF INVESTIGATION IN CONNECTION WITH ITS ABORTED OR STILL-BORN HOBBS ACT INVESTIGATION OF PUBLIC CORRUPTION IN RENSSELAER COUNTY AND THE STATE OF NEW YORK ..."

"AND TO THEN GO INTO THE FILES WHICH SUPPORT THE PLAINTIFF'S VALID NEW YORK STATE WORKER'S COMPENSATION CLAIM AGAINST THE COUNTY OF RENSSELAER ...."

"WHICH REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO STIPULATED TO ON JULY 18, 1993 ..."

"Where one finds in a March 5, 1993 submittal to the New York State Worker's Compensation Review Board by your PLAINTIFF in support of his claim a copy of a January 13, 1988 letter to REPUBLICAN Rensselaer County Public Health Director Kenneth Van Praag on New York State Department of Health - Office of Public Health stationary from this same Jim Decker of the New York State Department of Health concerning your PLAINTIFF and this Steven Anderson who is meeting with this Dr. Leo Hetling and this Jim Decker at the New York State Department of Health offices on March 1, 1988 ...."

"Which January 13, 1988 letter is entitled Proposed Realty Subdivision, Spruce Run Section III, East Greenbush (T), Rensselaer County ..."

"And which January 13, 1988 letter concerning this Steven Anderson reads as follows:"

Dear Ken:

This is to confirm our January 8 and January 13, 1988 discussions regarding the above-noted subject.

Mr. William Leavy received a December 22, 1987 letter from Mr. Steven R. Anderson regarding this matter.

I evaluated the site on January 8, 1988 accompanied by PLAINTIFF, P.E., and reviewed the County Health Department files pertaining to the proposal.

Interviews were conducted with affected parties.

The site comprises many watercourses, small wetlands and shallow to non-existent permeable soils.

Walking upon the land disclosed that nine of the ten proposed lots exhibit surface and sub-surface water restrictions.

Major grading, i.e., cut and fill, changes are necessary to control surface drainage and to make the site suitable for proposed subsurface sewage disposal systems.

THE SITE IS CURRENTLY UNACCEPTABLE FOR RESIDENTIAL DEVELOPMENT UTILIZING SUB-SURFACE SEWAGE DISPOSAL SINCE THE EXISTING TERRAIN DOES NOT CONFORM TO COUNTY HEALTH DEPARTMENT REGULATIONS.

A PREVIOUS PRACTICE OF REVIEWING AND APPROVING REALTY SUBDIVISIONS UTILIZING SUB-SURFACE SEWAGE DISPOSAL WHEN THE LAND DOES NOT CONFORM TO COUNTY HEALTH DEPARTMENT REGULATIONS HAS BEEN DISCONTINUED BY PLAINTIFF.

SAID ACTION IS IN ACCORD WITH THE REGULATIONS AND WITH ENSURING PROTECTION OF PUBLIC HEALTH. 

THE PRESENT PROCESS IS IN ACCORD WITH THAT IN ABUTTING LOCAL HEALTH UNITS.

PLAINTIFF IS COMMENDED FOR THE PROGRAM IMPROVEMENT.

YOUR ANTICIPATED COOPERATION IN CONTINUING TO IMPLEMENT ENVIRONMENTAL HEALTH PROGRAMS REMAINS APPRECIATED.

A copy of my letter of response to Mr. Anderson is enclosed for your records.

Very truly yours,

James D. Decker, P.E., Regional Director of Environmental Health

CC: Ian T. Loudon, M.D., Regional Health Director-ARD

William F. Leavy, Executive Deputy Director-Office of Public Health

PLAINTIFF, P.E.. Rensselaer County Health Department
 
Richard Svenson, P.E. - Bureau of Community Sanitation and Food Protection

Donald Davidoff, Director-Field Operations Management Group

"My request of you, livyjr, if you are still out there, and if you are up to it, would be to have you place this letter in its proper context in this discussion in here ..."

"SINCE THIS LETTER SEEMS TO INDICATE THAT THE FEDERAL BUREAU OF INVESTIGATION RECORDS THAT YOU HAVE POSTED IN HERE CONCERNING PLAINTIFF'S FORCED REMOVAL AS RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER IN 1988 CONTAIN WILFULL AND INTENTIONAL FALSEHOODS ..."

"And also, since the existence of this January 13, 1988 letter in PLAINTIFF's Worker's Compensation file seems directly relevant to that March 1, 1988 TRANSCRIPT of that meeting between this Steven Anderson and this Dr. Leo Hetling of the New York State Department of Health which is a part of the Federal Bureau of Investigation records concerning this matter ..."

"Either way, Livyjr, thank you for considering my request ..."

Wrapping up some loose ends in here is what we are doing .....

At this point in this discussion .....

And this January 13, 1988 letter to REPUBLICAN Rensselaer County Public Health Director Kenneth Van Praag on New York State Department of Health - Office of Public Health stationary from James D. Decker, P.E. of the New York State Department of Health concerning the PLAINTIFF and Steven Anderson who later met with Dr. Leo Hetling and James D. Decker, P.E. at the New York State Department of Health offices on March 1, 1988 in a "meeting" the TRANSCRIPT of which is now a part of the Federal Bureau of Investigation records concerning this matter is indeed one of those loose ends ......

And yes, this letter is a form of proof of wilfull false statements in the records of the Federal Bureau of Investigation ....

As well as the March 15, 1989 Axelrod Report .....

Which this same James D. Decker had a hand in preparing ....

As a "COVER-UP" document ....

And so ....

It is worth spending a moment or two in here on that January 13, 1988 letter ....

As there was indeed considerable discussion with the Federal Bureau of Investigation concerning the context of this letter .....

And how it fit into the UNFOLDING SCENARIO when the Federal Bureau of Investigation entered the picture in late-1988 and early-1989 ....

After the PLAINTIFF had been locked out of his office in the Rensselaer County Office Building ....

AND THE BULK OF HIS INVESTIGATORY RECORDS HAD BEEN CONFISCATED BY THE OFFICE OF THE RENSSELAER COUNTY ATTORNEY AND DESTROYED .....

The first point of discussion that was had with the Federal Bureau of Investigation concerning the context of this letter is contained right within the first few sentences, as follows:

"I evaluated the site on January 8, 1988 accompanied by PLAINTIFF, P.E., and reviewed the County Health Department files pertaining to the proposal."

"The site comprises many watercourses, small wetlands and shallow to non-existent permeable soils."

"Walking upon the land disclosed that nine of the ten proposed lots exhibit surface and sub-surface water restrictions."

Now ....

That probably sounds innocuous enough ....

And straightforward ....

If you live in a warm climate ...

Where it does not freeze ....

And the ground is never covered with snow ...

But up here ...

This is not one of those places ....

And if one checks the records for January 8, 1988 ....

One will find that it was a cold day ....

With perhaps six or so inches of snow already on the ground ....

AND IT WAS ALSO SNOWING THAT DAY ....

And yet ...

According to this January 13, 1988 letter from Decker to Van Praag ....

A FIELD INSPECTION of that site in fact took place ....

And in fact ....

The findings about the land in Decker's letter to Van Praag were correct and accurate ......

SO ......

What is that all about then ...

And the answer is a blown "set-up" of the PLAINTIFF by Steven Anderson and the New York State Department of Health .....

WHOSE "UPPER ECHELONS ....

Such as William F. Leavy, Executive Deputy Director-Office of Public Health, New York State Department of Health ....

STEVEN ANDERSON HAD UNLIMITED ACCESS TO ...

DESPITE THE FACT THAT HE WAS IN VIOLATION OF THE NEW YORK STATE PUBLIC HEALTH LAW ....

AND THE PLAINTIFF DID NOT .....

DESPITE THE FACT THAT HE WAS THE PROPER PUBLIC HEALTH LAW ENFORCEMENT AUTHORITY IN THE RENSSELAER COUNTY HEALTH DISTRICT .....

As to how that January 8, 1988 FIELD VISIT in a snow storm took place .....

As is said in the January 13, 1988 letter of Decker to Van Praag:

"Mr. William Leavy received a December 22, 1987 letter from Mr. Steven R. Anderson regarding this matter."

And in that letter ...

Anderson basically accused the PLAINTIFF, then Rensselaer County Associate Public Health Engineer with responsibility for enforcing the New York State Public Health Law concerning environmental health matters in the Rensselaer County Health District ....

Of "setting up" Anderson with false promises of approval .....

In exchange for a bribe .....

And that the land in question had nothing wrong with it ....

And that PLAINTIFF was "creating" problems to force Anderson to have to bribe him or go bankrupt ....

And so .....

According to Anderson ....

PLAINTIFF WAS ALLEGEDLY "SHAKING HIM DOWN" ....

And so ....

On January 8, 1988 ....

Decker suddenly appeared in PLAINTIFF's office in the Rensselaer County Office Building ....

And Decker began a long harangue .....

Telling PLAINTIFF that he was in a lot of trouble, yada, yada, yada, yada ....

At which point ....

PLAINTIFF told Decker that the way to resolve the issue was to go to the site ...

SNOWSTORM NOTWITHSTANDING ....

Nor the fact that PLAINTIFF was not dressed with suitable footgear to conduct a field visit in a snowstorm .....

And with that ....

PLAINTIFF took Decker to the site ....

And in the snowstorm ....

PLAINTIFF walked Decker through the entire site ....

Digging down through the snow with his foot to show Decker water here ....

And water there ...

And flooded deep test pits ....

The entire site ....

Comprised of many watercourses .....

WHICH PLAINTIFF WALKED DECKER ALONG ....

THROUGH THE SNOW ....

Kicking the snow off the ice as he went ....

Small wetlands .....

WHICH PLAINTIFF TOOK DECKER TO ....

IN THE SNOWSTORM ....

Kicking off the snow from one side to the other ....

To show Decker the ice underneath ....

And shallow to non-existent permeable soils .....

WHICH WERE SELF-EVIDENT ....

WHEN PLAINTIFF HAD KICKED AWAY ENOUGH SNOW WITH HIS FOOT TO EXPOSE THE ICE UNDERNEATH ....

WHICH WAS THERE ....

BECAUSE THE LAND COULD NOT DRAIN PROPERLY ...

AND DURING THAT SITE VISIT ....

PLAINTIFF DEMONSTRATED TO DECKER ....

OUT IN THE SNOWSTORM ....

That nine of the ten proposed lots exhibited surface and sub-surface water restrictions .....

By kicking away snow here ....

Kicking away snow there ....

"DO YOU SEE THIS ..."

"DO YOU SEE THIS ..."

"DO YOU SEE THIS ..."

Until Decker had eaten down the entire crow ....

And this is without the benefit of any notes or maps or whatever ....

Because the New York State Department of Education had just finished confiscating all of those records ...

BEFORE DECKER ARRIVED ....

And that was based upon another similar complaint with Anderson had put into the OFFICE OF PROFESSIONAL DISCIPLINE of the NEW YORK STATE DEPARTMENT OF EDUCATION ...

Where Anderson again had unlimited access to high ranking officials there such as DOUGLAS HASBROUCK .....

The Executive Secretary for the New York State Board for Engineering and Land Surveying in the State of New York ...

To whom Anderson had made his other complaint that triggered what was in fact a well-coordinated RAID on PLAINTIFF's office by the New York State Department of Education and the New York State Department of Health .....

WITH THE INTENT OF FINDING PLAINTIFF "GUILTY" OF WRONG-DOING IN THE CASE OF ANDERSON ....

AND HIS "PARTNERS" ....

AND THEY BLEW IT ....

Because even without his notes ...

And records ...

The PLAINTIFF could recite the facts concerning that project from memory ....

And since PLAINTIFF personally had done a very thorough and professional evaluation of that parcel ....

IN ACCORDANCE WITH THE REGULATIONS ....

AS WRITTEN ....

It was no problem for PLAINTIFF to take Decker to that site and show him each and every detail of concern ...

Even though to a casual observor ....

The site was covered with snow .....

So that these details Decker cites with great specificity ....

In his January 13, 1988 letter to Van Praag ....

Were not readily visible ....

To the untrained eye ....

And so ...

TO BE CONTINUED ....

This post has been edited by Livyjr: Nov 7 2006, 07:06 AM

[Livyjr]

Albany, New York Times Union

Tuesday, July 26, 1988

"STATE FINDS NO MISCONDUCT BY OFFICIAL"

TROY - A state agency has for the second time found no misconduct on the part of Rensselaer County Health Department Environmental Health Director PLAINTIFF.

STEVEN ANDERSON, OWNER OF THE UNFINISHED EAST GREENBUSH HOUSING DEVELOPMENT SPRUCE RUN, HAD COMPLAINED TO THE STATE EDUCATION DEPARTMENT'S OFFICE OF PROFESSIONAL DISCIPLINE THAT PLAINTIFF MIGHT NOT BE DOING HIS JOB PROPERLY.

Although that office does not comment on its investigations, both PLAINTIFF and Anderson said Monday that the agency had found no cause to take action against PLAINTIFF's engineering license, granted in New York State in 1986.

"THE CHARGES WERE BASELESS, GROUNDLESS," PLAINTIFF SAID MONDAY.

PLAINTIFF has refused to authorize a particular type of septic system in 10 lots of Anderson's 22-unit development, and Anderson has filed suit against the county and PLAINTIFF for CAPRICIOUS BEHAVIOR in an ARTICLE 78 ACTION, to be heard in state Supreme Court next month.

EARLIER, THE STATE HEALTH DEPARTMENT FOUND PLAINTIFF HAD ACTED PROPERLY IN HIS ENFORCEMENT OF COUNTY HEALTH CODES FOR SEPTIC SYSTEMS AT SPRUCE RUN.

PLAINTIFF SAID HE WAS "NOT SURPRISED" AT THE STATE'S FINDING, AND THAT ANDERSON HAD BEEN "SERIOUSLY MISLED" BY ADVISORS INTO THINKING THAT PLAINTIFF WAS TREATING HIM UNFAIRLY.

Anderson said that he had not expected the state to find against PLAINTIFF, and that he did not think the outcome would damage his court case.

CONTENDING THAT PLAINTIFF WAS TRYING TO BLOCK DEVELOPMENT AROUND THE COUNTY, HE SAID THAT PLAINTIFF HAD "ENTRAPPED ME TO MAKE AN EXAMPLE OF ME."

[Livyjr]

"Devotion to voting rooted in image of hate - Schenectady resident Jim Stamper, 93, never forgets photo of lynching come election time"

By PAUL NELSON, Staff writer, Albany, New York Times Union

First published: Wednesday, November 8, 2006

SCHENECTADY -- To this day, the lynching of a black man who "dared to vote" in the segregated South remains seared into Jim Stamper's memory.

A picture of the killing and a derisive caption ran in the local newspapers in his native Atlanta in the late 1920s, a few years before Stamper, then 17, and his family migrated to Schenectady in 1930.

Stamper, now 93, recalled from his home on Tuesday the lasting impact of that photo:

For the past 75 years, he has never missed an election.

"If it was important enough for this person to vote -- and there was something to cause the opposition to try to stop him from voting -- this caused me to pay a little more attention to the psychology of voting and the necessity to vote," Stamper said.

"Voting is important because politics is in everything that we do in our lives."

And with that in mind, Stamper and his wife, Minnie, also 93, drove to their polling place at the Church of Saint Anthony on Seward Place to cast their ballots Tuesday.

For taking their civic duties so seriously, the Stampers were featured in election literature as part of voter outreach efforts to blacks and Hispanics in urban areas.

It was distributed by the Women of Color 4 Change and the Capital District Leadership Roundtable.

"I wanted somebody people knew and could relate to," said Marsha Mortimore, an organizer with the Women of Color 4 Change who came up with the idea.

"We're trying to do different things to increase voter turnout in communities of color because when you don't vote, you can't hold your elected officials accountable."

Minnie Stamper, who started voting at 18, first came to Schenectady from North Carolina in the mid-1940s.

She met her future husband at the Duryee Memorial AME Zion Church on Hulett Street.

Both are lifelong Democrats who retired from jobs at General Electric.

The couple married in 1960 -- and have voted together ever since.

"It does make a difference when you vote," Minnie Stamper said.

Despite his activism and the urging of friends, Jim Stamper said he never felt the calling to run for political office.

Instead, he's been content to serve the community through his involvement with the Schenectady branch of the NAACP, the county Human Rights Commission and other local groups.

Stamper, who counts many past and present city politicians among his friends, said he does not enjoy political mudslinging.

He noted seeing much of it this year.

The couple say they have tried to pass down their civic responsibility to their five grandchildren and eleven great grandchildren.

Their only child is deceased.

"I just let them know that politics should be something that should be respected and you're going to find it everywhere you go, and you can't keep your head in the sand," Jim Stamper said.

Nelson can be reached at 454-5347 or by e-mail at pnelson@timesunion.com.

[Livyjr]

"Devotion to voting rooted in image of hate - Schenectady resident Jim Stamper, 93, never forgets photo of lynching come election time" 
 
By PAUL NELSON, Staff writer, Albany, New York Times Union

First published: Wednesday, November 8, 2006

SCHENECTADY -- To this day, the lynching of a black man who "dared to vote" in the segregated South remains seared into Jim Stamper's memory.
  

To this day ....

The "STATE-SPONSORED"

And FEDERALLY-SANCTIONED "LYNCHING" ....

Of a disabled veteran ....

In the County of Rensselaer ....

In the State of New York ....

IN 2001 ....

Who "DARED" ....

To "VOICE A DISSENT" ....

About the ABANDONMENT OF RULE OF LAW ....

And THE DISMANTLING OF CONSTUTUTIONAL GOVERNMENT ...

Here in the State of New York ....

BY THOSE CHARGED BY OATH WITH THE PROTECTION AND PERPETUATION OF THAT CONSTITUTIONAL FORM OF GOVERNMENT ....

REMAINS SEARED IN MY MEMORY ....

And so ...

Hence this thread ...

This post has been edited by Livyjr: Nov 9 2006, 07:38 AM

[Livyjr]

"Improving the Business Climate"

by New York State Attorney General Eliot Spitzer

New York State Business Council, Bolton's Landing, NY

[As Prepared for Delivery]

September 21, 2006

Thank you, Peter, for that kind introduction, and thank you all for inviting me here today.

I want to recognize Dan Walsh and thank him for his leadership over the past 18 years as President and CEO of the Business Council.

Dan, you have been an outstanding advocate for New York's private-sector business community, and you will be missed.

I also want to welcome Ken Adams as the Business Council's new President.

Ken, I look forward to working with you to make New York the best place to do business in the world.

But today, I want to speak about what I believe should be our first priority, and that is making New York companies more competitive by improving our business climate.

And in too many other respects, our government bureaucracy hinders rather than assists businesses.

Well, I have a message for you: If I am elected Governor, on Day One of next year we are going to begin to implement an aggressive strategy to reduce the cost of doing business in New York and make New York the best place to do business in the world.

And we will streamline regulations to make them friendly to business.

Fifth and finally, New York State can also improve the business climate by making its government offices, regulations and programs much easier to deal with.

As Governor, I will ensure that the Governor's Office of Regulatory Reform places renewed focus on breaking the regulatory logjam in the State's permitting process for new development.

And we will re-write regulations to make them simpler.

We have much more to accomplish than what I discussed today if we are to restore our State to its historic position of economic strength.

But the starting point of any economic development strategy is creating a climate that is friendly to business instead of hostile to it.

It's time that our State government becomes part of the solution, not part of the problem.

Thank you.

http://www.spitzerpaterson.com/main.cfm?ac...7116&s=spitzer3

Buono was right there on videotape .....

The words "EIGHTY THOUSAND BIG ONES" came from him .....

On television .....

On the Six O'clock News .....

And so .....

To bury that story ...

It was necessary to bury the PLAINTIFF .....

And so ....

It was done ....

Just like that ....

But that is not the story right now where we are talking about citizens in the State of New York being denied access to GRAND JURIES ......

The story is how did Chris Kapostacey-Jansing get REPUBLICAN Rensselaer County Executive John L. Buono to openly discuss what was in reality a BRIBE offered to him by a group of land developers in Rensselaer County in early-1988 .....

And that answer brings us to one of the more interesting documents in the lengthy FBI file concerning this matter back in 1989 .....

And that document is a transcript of the MINUTES of a CONFERENCE between the RENSSELAER COUNTY DEVELOPMENT COUNCIL and the NEW YORK STATE DEPARTMENT OF HEALTH, DIVISION OF ENVIRONMENTAL PROTECTION, held at the offices of the Department, 2 University Place, Albany, New York, on Tuesday, March 1, 1988, commencing at 1 PM and stenographically reported by Mary Lomonoco, Shorthand Reporter and Notary Public in and for the State of New York.

In attendance at this meeting, according to this document in the FBI files, were as follows:

* Dr. Leo Hetling, Director, and James "Mr. Jimmy D." Decker of the Division of Environmental Protection of the New York State Department of Health;

* Steven Anderson and Fred Nero of Mountain Meadow Properties;

* Rod Michael of the Eastern New York Society of Land Surveyors;

* Kevin Brady of the Rensselaer County Regional Chamber of Commerce;

* Douglas Clark of Clark Engineering;

* George Duggan of Best Building;

* Richard Melius of the Rensselaer County Development Council, and

* Victor Gush and Jack Leonard, land developers.

And how this TRANSCRIPT came to be in the possession of the FBI is as follows:

This TRANSCRIPT was "made public" in a matter of speaking by this RENSSELAER COUNTY DEVELOPMENT COUNCIL at a "closed door meeting" on the fifth floor of the Rensselaer County Office Building shortly after that CONFERENCE was held, and an "AGREEMENT OF SORTS" was reached with the New York State Department of Health concerning "OVERSIGHT" of the Rensselaer County Department of Health .....

And that agreement was that the New York State Department of Health would turn its back ...

IF the RENSSELAER COUNTY DEVELOPMENT COUNCIL could get Buono to "GET RID OF" the Rensselaer County Associate Public Health Engineer ......

So as to "unplug" their "pipeline" into the Rensselaer County Department of Health for rapid "approvals" of their "subdivisions" so they could then sell lots as "HEALTH-DEPARTMENT APPROVED" ...

When in fact, that was anything but the case .....

A FRAUD, in fact, that was being perpetrated on the public in Rensselaer County on a regular basis ......

But who cares about them, eh?

CAVEAT EMPTOR ......

As the lawyers like "Big BOB" Smith like to say ...

And so .....

The "State Health Department" agreed to turn its back ....

BUT ...

"Big BOB"" Smith, the REPUBLICAN lawyer for Rensselaer County ...

HE WANTED PROOF ......

IF, in his words as I recall them, Rensselaer County was going to be putting itself out on a limb with respect to violating the law, it wanted proof positive that the STATE was not going to come back around afterwards and chop it off ......

And so .....

The TRANSCRIPT ......

Signed by a NOTARY PUBLIC and certified as accurate ......

Placed in "Big BOB's"  hands .....

By the RENSSELAER COUNTY DEVELOPMENT COUNCIL .....

As PROOF that the CONFERENCE with the State Health Department had in fact taken place ...

And so ....

The State Health Department was "in their pocket" .....

And as proof of that besides the TRANSCRIPT .....

They also had at that meeting with Buono and Smith, "Mr. Jimmy D." himself .....

Representing the "interests" of the New York State Department of Health at that meeting between the developers and Buono and Smith .....

Where the $80,000 BRIBE was openly offered to Buono .....

If he would "get rid of" the Rensselaer County Associate Public Health Engineer .....

And it was just a matter of logistics, after that .....

And that is how the TRANSCRIPT became "public" ......

On October 11, 1988, when Kapostacey-Jansing was preparing her "splice job" in her assigned role of "political assassin" on behalf of Buono, the PLAINTIFF presented her with a copy of the TRANSCRIPT, along with the full story of how and why the TRANSCRIPT had come into being, along with the $80,000 BRIBE offer to Buono .....

And upon hearing that news, and becoming possessed of a copy of the TRANSCRIPT herself, KAPOSTACEY-JANSING went back and confronted Buono about the BRIBE offer ....

AND NOTHING MORE WAS EVER HEARD OF THE MATTER AFTER THAT .....

Subsequently, when the FBI brought PLAINTIFF into their already on-going HOBBS ACT investigation of Public Corruption in Rensselaer County, the PLAINTIFF gave them a copy of the TRANSCRIPT along with the full story of how and why the TRANSCRIPT had come into being, along with the $80,000 BRIBE offer to Buono .....

AND AGAIN, NOTHING MORE WAS EVER HEARD OF THE MATTER AFTER THAT .....

Probably because some CORPORATE DOCTOR who had never ever seen or examined PLAINTIFF suddenly realized that PLAINTIFF must be dangerous and mentally ill ....

And so ....

That was convenient, wasn't it?

Sure did save the "state" the expense of all those trials .....

That never happened ...

BECAUSE ....

The doors to justice have been closed in the faces of common citizens up here in the State of New York ...

And so .....

"So, Livyjr ...."

"Your man was sold out ...."

"For the sake of political expediency ..."

"By New York State Attorney General Eliot Spitzer ...."

"Along with the Constitution and laws of the State of New York ...."

"FOR POLITICAL ADVANTAGE ..."

"FOR NEW YORK STATE ATTORNEY GENERAL ELIOT SPITZER ..."

"AND HIS CRONIES ...."

"IN THE BUSINESS COMMUNITY ..."

"AND THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK TURNED ITS BLIND EYE TO THAT ..."

"ALONG WITH THE FEDERAL SECOND CIRCUIT COURT OF APPEALS IN NEW YORK CITY ..."

"DESPITE YOUR MAN BEING AN HONORABLY DISCHARGED DISABLED VETERAN ...."

"And so, Livyjr, and so ..."

"YOUR MAN HAS BECOME ELIOT SPITZER'S NECESSARY 'BLOODY SCALP' ..."

"THAT ELIOT SPITZER CAN TAKE WITH HIM ...."

"TO SHOW TO THE NEW YORK STATE BUSINESS COUNCIL ..."

"COURTESY OF THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ..."

"AND THE FEDERAL SECOND CIRCUIT COURT OF APPEALS IN NEW YORK CITY ..."

"THAT ELIOT SPIZER'S POLICIES FOR WHEN HE BECOMES NEW YORK STATE GOVERNOR ..."

"WILL BE VERY FAST AND LOOSE ..."

"AND BUSINESS-FRIENDLY ..."

"WHERE ELIOT SPITZER NOW HAS PRE-APPROVAL FROM THE FEDERAL SECOND CIRCUIT COURT OF APPEALS IN NEW YORK CITY ..."

"TO REMOVE FROM SOCIETY IN NEW YORK STATE ..."

"WHOMEVER HE WILL ..."

"WHENEVER HE WANTS ..."

"BY HAVING THEM DISAPPEAR INTO NORTHEAST HEALTH, INC.'S SAMARITAN HOSPITAL GULAG ..."

''JUST LIKE THAT ..."

"And so ..."

"Well, Livyjr, I hope you are not gone for good ..."

"Because there are some more details concerning that site visit in the snowstorm ..."

"Between your PLAINTIFF and that Jim Decker of the New York State Department of Health that I would like to see developed for the record in here ..."

"SINCE IT SEEMS TO ME THAT THAT WAS AN INTENTIONAL AMBUSH OF YOUR PLAINTIFF BY THE STATE OF NEW YORK ON BEHALF OF THIS DEVELOPER STEVEN ANDERSON ...."

"DESPITE THE FACT THAT HE SEEMS TO HAVE BEEN IN VIOLATION OF THE NEW YORK STATE PUBLIC HEALTH LAW AT THE TIME ..."

"AND YOUR PLAINTIFF WAS THE LEGITIMATE PUBLIC HEALTH LAW ENFORCEMENT PERSON IN RENSSELAER COUNTY AT THAT TIME ..."

"AS YOU SAY ..."

"A BLATANT 'SELL-OUT' OF YOUR PLAINTIFF BY THE NEW YORK STATE DEPARTMENT OF HEALTH ..."

"But that is for another time, I suppose, Livyjr ...."

"And in the meantime, I have been doing some investigating on my own ..."

"Seeing if I can make some connections ..."

"Or not ..."

"Connect a bunch of dots, as it were ...."

"To see if an independent investigation can place all of these various actors in here into the same room together with New York State Attorney General Eliot Spitzer and the New York State Business Council on September 21, 2006 up at posh Bolton Landing on Lake George in the State of New York ....."

"And what I did ..."

"Was to go to the website for this New York State Business Council that New York State GUBERNATORIAL CANDIDATE and Attorney General Eliot Spitzer was so obviously courting and pandering to and currying favor with on September 21, 2006 ..."

http://www.bcnys.org/

"And from there, I went to the list of members ...."

http://www.bcnys.org/members.htm

"And looking under members under the letter "R" ..."

http://www.bcnys.org/inside/membershp/rmembers.htm

"Lo and behold, Livyjr ..."

http://www.renscochamber.com/

"THERE IS THE SELF-SAME RENSSELAER COUNTY REGIONAL CHAMBER OF COMMERCE THAT WAS REPRESENTED AT THAT MARCH 1, 1988 MEETING AT THE OFFICES OF THE NEW YORK STATE DEPARTMENT OF HEALTH BETWEEN THIS STEVEN ANDERSON AND JIM DECKER AND DR. LEO HETLING OF THE NEW YORK STATE HEALTH DEPARTMENT WHERE GUTTING THE PUBLIC HEALTH LAW PROTECTION IN RENSSELAER COUNTY AND SELLING OUT YOUR PLAINTIFF APPEAR TO HAVE BEEN THE TOPICS OF DISCUSSION ......"

"And looking for members of the Rensselaer County Regional Chamber of commerce under "R" ..."

http://www.renscochamber.com/directory/dir...t.cfm?company=R

"ONE COMES ACROSS THE COUNTY OF RENSSELAER ..."

"THE RENSSELAER COUNTY REPUBLICAN COMMITTEE ..."

"AND ROSE OF SHARON LANDSCAPING ...."

"WHICH OF COURSE IS JEFFREY PELLETIER ..."

"THE ASSAILANT OF YOUR PLAINTIFF IN THIS MATTER ..."

"WHO FEDERAL DISTRICT COURT JUDGE GARY L. SHARPE OF THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK RULED ON MARCH 31, 2005 WAS A 'PROTECTED PERSON' IN RENSSELAER COUNTY ..."

"And looking for members under "N" ..."

"Once again ..."

"LO AND BEHOLD, LIVYJR ..."

http://www.bcnys.org/inside/membershp/nmembers.htm

"THERE IS NORTHEAST HEALTH ..."

http://www.nehealth.com/

"THE PROPRIETORS OF THE SECURE MENTAL FACILITY IN TROY, NEW YORK THAT YOUR PLAINTIFF WAS SUPPOSED TO DISAPPEAR INTO ON AUGUST 22, 2001, THANKS TO THAT FALSE DIAGNOSIS OF HIM BY THIS DR. JOHN CHRISTIAN BRAATEN OF NORTHEAST HEALTH, INC. ..."

"And looking for members under "H" ..."

http://www.bcnys.org/inside/membershp/hmembers.htm

"There, Livyjr, is the HEARST CORPORATION ...."

http://www.hearstcorp.com/

"PARENT COMPANY OF THE ALBANY, NEW YORK TIMES UNION ..."

"THE ALBANY NEWSPAPER THAT BURIED NEWS OF THE PSYCHIATRIC TAKE-DOWN WHEN NORTHEAST HEALTH, INC. ATTEMPTED IT ON AUGUST 22, 2001 ...."

"AND GOT YOUR PLAINTIFF INVOLUNTARILY INCARCERATED AT THE STRATTON VA HOSPITAL IN ALBANY, NEW YORK ..."

"AS AN ALLEGED DANGEROUS MENTAL PATIENT ..."

"BASED ON NOTHING MORE THAN A FALSE DIAGNOSIS OF YOUR PLAINTIFF ..."

"THAT NORTHEAST HEALTH, INC. PROVIDED TO RENSSELAER COUNTY ON AUGUST 22, 2001 ...."

"AS A BASIS FOR A NEW YORK STATE POLICE RAID ON YOUR PLAINTIFF'S HOME THAT DAY ..."

"TO CAPTURE HIM FOR TRANSPORT TO THE SECURE MENTAL FACILITY OF NORTHEAST HEALTH, INC. IN TROY, NEW YORK ..."

"WHERE YOUR PLAINTIFF HAD ALREADY BEEN PRE-ADMITTED ...."

"And so, Livyjr ......"

"That seems to connect some dots for me ..."

"AND I HAVE TO WONDER IF NORTHEAST HEALTH, INC. IS NOW OFFERING THIS SAME SERVICE TO ALL OF THE MEMBERSHIP OF THIS NEW YORK STATE BUSINESS COUNCIL ..."

"AS IT OFFERED IT TO JEFFREY PELLETIER ...."

"GETTING RID OF YOUR PLAINTIFF AS A WITNESS AGAINST HIM ..."

"BY THE SIMPLE EXPEDIENT OF PROVIDING JEFFREY PELLETIER WITH A FALSE DIAGNOSIS OF YOUR PLAINTIFF ..."

"RENDERED SIGHT UNSEEN ..."

"BACK ON AUGUST 22, 2001 ..."

"THAT NOW HAS YOUR PLAINTIFF PERMANENTLY BRANDED HERE IN AMERICA WHEREVER HE GOES AS AN ALLEGED DANGEROUS MENTAL PATIENT ..."

"NOW THAT IT HAS THE ARMS OF NEW YORK STATE ATTORNEY GENERAL ELIOT SPITZER AND THE FEDERAL SECOND CIRCUIT COURT OF APPEALS FIRMLY AROUND ITS SHOULDERS TO PROTECT IT ..."

"And so, Livyjr ...."

[Livyjr]

"So, Livyjr, by way of a recap in here ..."

"As I understand it now, even though he himself was not a military veteran, this Jeffrey Pelletier of the Town of Poestenkill in the State of New York was able to somehow procure the services of a nurse at the Stratton VA Hospital's Community-Based Outpatient Clinic in Troy, New York, and a New York State Veteran's Service Officer, and the Rensselaer County Veteran's Service Officer, and through these individuals, this Jeffrey Pelletier was actually able to have this DISABLED VETERAN who is the PLAINTIFF in here denied proper medical care and treatment at the Stratton VA Hospital in Albany, New York, by having the PLAINTIFF falsely and fraudulently BRANDED as a dangerous mental patient in need of incarceration in a secure mental facility, which is what happened to the PLAINTIFF so far as I can see from all of the evidence in here ..."

"And as a result of this successful 'GOVERNMENT OPERATION' or 'HIT' on behalf of this Jeffrey Pelletier, the PLAINTIFF's identity has literally been STOLEN from him by these individuals, Andrea Gallerie, Robert 'BOB' Reiter, William 'BUCK' Shea, and John Christian Braaten, with assistance from the New York State Police, the federal VA Police and the Office of the United States Attorney for the Northern District of New York, with the result that PLAINTIFF, a disabled veteran, is now denied access to proper medical care and treatment by the Stratton VA Hospital, despite the fact that he is a disabled veteran ..."

"AND THE FEDERAL COURT FOR THE NORTHERN DISTRICT OF NEW YORK SAW NOTHING AT ALL WRONG WITH ANY OF THIS BECAUSE THIS JEFFREY PELLETIER OF THE TOWN OF POESTENKILL IN THE STATE OF NEW YORK IS WHAT IS KNOWN AS A 'PROTECTED PERSON' UP THERE ..."

"Is this correct?"

"Or have I missed something in here?"

NO ....

You have not missed anything ....

AND YES .....

That is an excellent capsule summary of what this thread is about .....

And so ....

Today in America ....

It is supposedly Veteran's Day .....

BUT IS IT, REALLY?

IS IT "ALL-VETERAN'S DAY" .....

Or more likely ...

IS IT REALLY JUST "POLITICALLY-CORRECT" VETERAN'S DAY ....

OR "POLITICALLY-CONNECTED" VETERAN'S DAY ....

Or "COMPLIANT" VETERAN'S DAY?

Because when an honorably-discharged combat veteran CANNOT work in government service here in OUR America ....

BECAUSE HE WOULD NOT BETRAY HIS PUBLIC TRUST ....

TO THE PEOPLE OF OUR AMERICA ....

Then perhaps .....

Something is radically wrong over here in America ....

AND NOT WITH THIS VETERAN ....

BUT WITH THE NATION, ITSELF ....

WHEN AN HONORABLY-DISCHARGED DISABLED VETERAN CAN HAVE HIS GOOD NAME REMOVED FROM HIM ....

BY THE "GOVERNMENT" OF THE UNITED STATES OF AMERICA ....

WITH NO DUE PROCESS OF LAW AFFORDED HIM WHATSOEVER ....

INCLUDING AN OPPORTUNITY TO VINDICATE HIMSELF BEFORE A JURY IN A COURT OF LAW ....

THEN WHAT COUNTRY HAS THIS REALLY BECOME?

AND WHO ARE ITS PEOPLES ....

THAT THEY CARE SO LITTLE ...

FOR THE ALLEGED JUSTICE ...

THAT OUR VETERANS ARE ALLEGEDLY AND SUPPOSEDLY FIGHTING AND DYING FOR AROUND THE WORLD .....

ONLY TO COME BACK ....

NOT TO "HOME" ....

BUT MERELY "BACK TO HERE" ....

FOR THE "PRIVILEGE" OF BEING LESS THAN A DOG ....

A PERSON WITHOUT RIGHTS ....

IN AN AMERICAN COURT OF LAW ...

WHICH IS NOT FOR HIM ....

And so .....

[Livyjr]

"A freedom in need of fighting for"

Albany, New York Times Union

First published: Saturday, November 11, 2006

There was a war going on back when I was young enough to be a soldier, but my draft lottery number was high.

That bit of luck kept me safe at home.

For other guys my age, luck ran out.

They went to Vietnam, and some of their names are now inscribed on a memorial in Washington.

So here we are, on Veterans Day, four days after a national election that was dominated by debate over an unpopular war.

For those of us who remember the other unpopular war -- the one fought by those guys who could have been me -- what comes to haunt you is the question of what's worth fighting for or dying for, then or now.

It's easy to say that Americans fight for freedom, a simple phrase we hear over and over from Washington.

But that glosses over the fact that we don't all agree about what freedom is.

What to me seems like the most fundamental exercise of freedom is under attack by our government, and that makes me mad when I think about all the veterans we salute today who gave up years of their lives, or gave up their very lives.

The day after we elected a new Congress this week, I listened to some chilling stories from journalists who are reporting on what our government is doing to protect us and are facing intimidation, and even imprisonment, for their work.

They were speaking in an elegant Manhattan ballroom before hundreds of people who were quite nicely dressed, but there was a sense that we were on a battlefield -- not one where our lives were endangered, mind you, but where the freedom of Americans was at risk.

Among others, there was Dana Priest, the Washington Post reporter who won a Pulitzer Prize for reporting about the CIA's controversial counterterrorism operations, and James Risen, the New York Times reporter who revealed the National Security Agency's warrantless wiretapping.

There was Pierre Thomas, the ABC News correspondent, who recounted quietly telling his wife that he might be locked up because he won't give investigators the name of a confidential source.

The next day, I happened to be on the phone with a San Francisco Chronicle reporter who is facing imprisonment for refusing to reveal who leaked secret information about steroid abuse in Major League Baseball.

For a while, the people who run the sport were content to watch trainers go to prison as they protected the superstars.

The Chronicle's reporting revealed that people who bought tickets to cheer Barry Bonds and other drug-drenched athletes had been duped.

Yet prosecutors don't seem as interested in Bonds as in the reporters who blew the whistle on him.

And that's just baseball, folks.

If federal prosecutors are willing to imprison sportswriters, imagine what they might do to Priest or Risen, who cover national security issues.

Risen has been threatened with prosecution under the Espionage Act, which is aimed at spies.

In recent years, vast amounts of information previously available to the public have been reclassified as secret.

If journalists can be jailed for publishing anything the government considers secret, where will the line next be drawn in the battle for freedom?

Of course, government must keep some secrets.

Every beginning reporter on the cops beat knows that you don't let the bad guys know when they're going to be busted, and senior reporters who cover national security understand not to reveal information that could harm our national interest.

What's in question is whether the press, on behalf of citizens, can maintain the check on official power that the Founding Fathers envisioned in drafting the First Amendment.

This isn't a purely partisan matter.

Warnings against this assault on free speech are being sounded from thoughtful officials in both parties, from the conservative Indiana Republican Mike Pence, a potential successor to Dennis Hastert as leader of the House GOP, and from Bernie Sanders, the liberal senator-elect from Vermont.

The term "freedom fighter" has been misappropriated sometimes, but it really ought to apply to those we salute on Veterans Day.

And you have to ask: What is it our veterans put themselves at risk to protect, if not something as precious as the fundamental rights guaranteed by the First Amendment?

Rex Smith is editor of the Times Union.

[Livyjr]

"But that is for another time, I suppose, Livyjr ...."

"And in the meantime, I have been doing some investigating on my own ..."

"Seeing if I can make some connections ..."

"Or not ..."

"Connect a bunch of dots, as it were ...."

"To see if an independent investigation can place all of these various actors in here into the same room together with New York State Attorney General Eliot Spitzer and the New York State Business Council on September 21, 2006 up at posh Bolton Landing on Lake George in the State of New York ....."

"And what I did ..."

"Was to go to the website for this New York State Business Council that New York State GUBERNATORIAL CANDIDATE and Attorney General Eliot Spitzer was so obviously courting and pandering to and currying favor with on September 21, 2006 ..."

http://www.bcnys.org/

"And from there, I went to the list of members ...."

http://www.bcnys.org/members.htm

"And looking under members under the letter "R" ..."

http://www.bcnys.org/inside/membershp/rmembers.htm

"Lo and behold, Livyjr ..."

http://www.renscochamber.com/

"THERE IS THE SELF-SAME RENSSELAER COUNTY REGIONAL CHAMBER OF COMMERCE THAT WAS REPRESENTED AT THAT MARCH 1, 1988 MEETING AT THE OFFICES OF THE NEW YORK STATE DEPARTMENT OF HEALTH BETWEEN THIS STEVEN ANDERSON AND JIM DECKER AND DR. LEO HETLING OF THE NEW YORK STATE HEALTH DEPARTMENT WHERE GUTTING THE PUBLIC HEALTH LAW PROTECTION IN RENSSELAER COUNTY AND SELLING OUT YOUR PLAINTIFF APPEAR TO HAVE BEEN THE TOPICS OF DISCUSSION ......"

"And looking for members of the Rensselaer County Regional Chamber of commerce under "R" ..."

http://www.renscochamber.com/directory/dir...t.cfm?company=R

"ONE COMES ACROSS THE COUNTY OF RENSSELAER ..."

"THE RENSSELAER COUNTY REPUBLICAN COMMITTEE ..."

"AND ROSE OF SHARON LANDSCAPING ...."

"WHICH OF COURSE IS JEFFREY PELLETIER ..."

"THE ASSAILANT OF YOUR PLAINTIFF IN THIS MATTER ..."

"WHO FEDERAL DISTRICT COURT JUDGE GARY L. SHARPE OF THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK RULED ON MARCH 31, 2005 WAS A 'PROTECTED PERSON' IN RENSSELAER COUNTY ..."

"And looking for members under "N" ..."

"Once again ..."

"LO AND BEHOLD, LIVYJR ..."

http://www.bcnys.org/inside/membershp/nmembers.htm

"THERE IS NORTHEAST HEALTH ..."

http://www.nehealth.com/

"THE PROPRIETORS OF THE SECURE MENTAL FACILITY IN TROY, NEW YORK THAT YOUR PLAINTIFF WAS SUPPOSED TO DISAPPEAR INTO ON AUGUST 22, 2001, THANKS TO THAT FALSE DIAGNOSIS OF HIM BY THIS DR. JOHN CHRISTIAN BRAATEN OF NORTHEAST HEALTH, INC. ..."

"And looking for members under "H" ..."

http://www.bcnys.org/inside/membershp/hmembers.htm

"There, Livyjr, is the HEARST CORPORATION ...."

http://www.hearstcorp.com/

"PARENT COMPANY OF THE ALBANY, NEW YORK TIMES UNION ..."

"THE ALBANY NEWSPAPER THAT BURIED NEWS OF THE PSYCHIATRIC TAKE-DOWN WHEN NORTHEAST HEALTH, INC. ATTEMPTED IT ON AUGUST 22, 2001 ...."

"AND GOT YOUR PLAINTIFF INVOLUNTARILY INCARCERATED AT THE STRATTON VA HOSPITAL IN ALBANY, NEW YORK ..."

"AS AN ALLEGED DANGEROUS MENTAL PATIENT ..."

"BASED ON NOTHING MORE THAN A FALSE DIAGNOSIS OF YOUR PLAINTIFF ..."

"THAT NORTHEAST HEALTH, INC. PROVIDED TO RENSSELAER COUNTY ON AUGUST 22, 2001 ...."

"AS A BASIS FOR A NEW YORK STATE POLICE RAID ON YOUR PLAINTIFF'S HOME THAT DAY ..."

"TO CAPTURE HIM FOR TRANSPORT TO THE SECURE MENTAL FACILITY OF NORTHEAST HEALTH, INC. IN TROY, NEW YORK ..."

"WHERE YOUR PLAINTIFF HAD ALREADY BEEN PRE-ADMITTED ...."

"And so, Livyjr ......"

"That seems to connect some dots for me, anyway ..."

"AND I HAVE TO WONDER IF NORTHEAST HEALTH, INC. IS NOW OFFERING THIS SAME SERVICE TO ALL OF THE MEMBERSHIP OF THIS NEW YORK STATE BUSINESS COUNCIL ..."

"AS IT OFFERED IT TO JEFFREY PELLETIER ...."

"GETTING RID OF YOUR PLAINTIFF AS A WITNESS AGAINST HIM ..."

"BY THE SIMPLE EXPEDIENT OF PROVIDING JEFFREY PELLETIER WITH A FALSE DIAGNOSIS OF YOUR PLAINTIFF ..."

"RENDERED SIGHT UNSEEN ..."

"BACK ON AUGUST 22, 2001 ..."

"THAT NOW HAS YOUR PLAINTIFF PERMANENTLY BRANDED HERE IN AMERICA WHEREVER HE GOES AS AN ALLEGED DANGEROUS MENTAL PATIENT ..."

"NOW THAT IT HAS THE ARMS OF NEW YORK STATE ATTORNEY GENERAL ELIOT SPITZER AND THE FEDERAL SECOND CIRCUIT COURT OF APPEALS FIRMLY AROUND ITS SHOULDERS TO PROTECT IT ..."

"And so, Livyjr ...."

UNITED STATES DISTRICT COURT - NORTHERN DISTRICT OF NEW YORK

AFFIRMATION IN SUPPORT OF MOTION TO DISMISS COMPLAINT PURSUANT TO FRCP 12(b)(6)

DAVID E. ROOK, ESQUIRE, UNDER PENALTY OF PERJURY, AFFIRMS AS FOLLOWS:

1. I am an attorney and counselor at law associated with the law offices of Thuillez, Ford, Gold Johnson & Butler, LLP, attorneys representing the Defendants Northeast Health, Inc., Samaritan Hospital of Troy, New York, Adrian Anthony Morris, NYSMD 166342, John Christian Braaten, NYSMD 138415, Carol Fiorino, NYSRPN 230870, and Bernadette Rotter Hallam, NYSRPN 331662 (hereinafter referred to as the "SAMARITAN DEFENDANTS") herein, AND AS SUCH, I AM FULLY FAMILIAR WITH THE FACTS AND CIRCUMSTANCES, PLEADINGS AND PROCEEDINGS HERETOFORE HAD HEREIN.

6. As described more thoroughly in Samaritan Defendants' MEMORANDUM OF LAW, PLAINTIFF'S "AMENDED CIVIL RIGHTS COMPLAINT PURSUANT TO 42 USCS § 1983" should be dismissed.

12. ANY ACTIONS ALLEGED TO HAVE BEEN TAKEN by the SAMARITAN DEFENDANTS were taken under the AUTHORITY of NYS Mental Hygiene Law and were taken FOR THE BENEFIT OF THE PLAINTIFF AND SOCIETY AT LARGE.

DATED: November 10, 2003
            Albany, New York

David E. Rook

"A freedom in need of fighting for" 
 
Albany, New York Times Union

First published: Saturday, November 11, 2006

For those of us who remember the other unpopular war -- the one fought by those guys who could have been me -- what comes to haunt you is the question of what's worth fighting for or dying for, then or now.

What to me seems like the most fundamental exercise of freedom is under attack by our government, and that makes me mad when I think about all the veterans we salute today who gave up years of their lives, or gave up their very lives.

If journalists can be jailed for publishing anything the government considers secret, where will the line next be drawn in the battle for freedom?

The term "freedom fighter" has been misappropriated sometimes, but it really ought to apply to those we salute on Veterans Day.

And you have to ask: What is it our veterans put themselves at risk to protect, if not something as precious as the fundamental rights guaranteed by the First Amendment?

Rex Smith is editor of the Times Union.

"In the face of its cover-up of that business involving New York State Attorney General Eliot Spitzer and this Bush-judge Gary L. Sharpe and your PLAINTIFF and his exercise of free speech in the State of New York, Livyjr ...."

"AND ESPECIALLY ON VETERAN'S DAY ..."

"That is quite a HYPOCRITICAL newspaper editorial by this Rex Smith of the Hearst Corporation-owned Albany, New York TIMES UNION ..."

"And given that it is Veteran's Day, Livyjr, and given that I too am a veteran ..."

"What I would like to do is to post in here that clause of the BILL OF RIGHTS OF THE NEW YORK STATE CONSTITUTION guaranteeing the right to free speech in the State of New York that this Rex Smith completely and totally failed to address in his HYPOCRITICAL editorial ...."

"And that section is this:"

ARTICLE I - Bill of Rights

§ 8. Every citizen may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.

"NO LAW SHALL BE PASSED TO RESTRAIN OR ABRIDGE THE LIBERTY OF SPEECH ..."

"OR, LIVYJR ..."

"OF THE PRESS ..."

"With the press coming second ..."

"PURSUANT TO THE BILL OF RIGHTS ..."

"OF THE NEW YORK STATE CONSTITUION ..."

"And the right of every citizen to freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of that right ...."

"COMING FIRST ..."

"EXCEPT ..."

"IN THIS CASE ..."

"WHERE YOUR PLAINTIFF'S RIGHT TO FREELY SPEAK, WRITE AND PUBLISH HIS SENTIMENTS ON ALL SUBJECTS, AND ESPECIALLY PROFESSIONAL MISCONDUCT BY LICENSED ENGINEERS IN THE STATE OF NEW YORK ..."

"HAS BEEN FORCIBLY STRIPPED FROM HIM ..."

"FOR WHAT HAS BEEN MOCKINGLY CALLED 'THE BENEFIT OF THE PLAINTIFF AND SOCIETY AT LARGE' ..."

"AND THE ALBANY, NEW YORK TIMES UNION STAYED SILENT ABOUT IT ..."

And so ....

[Livyjr]

"Improving the Business Climate"

by New York State Attorney General Eliot Spitzer

New York State Business Council, Bolton's Landing, NY

SEPTEMBER 21, 2006

[As Prepared for Delivery]

Thank you, Peter, for that kind introduction, and thank you all for inviting me here today.

I want to recognize Dan Walsh and thank him for his leadership over the past 18 years as President and CEO of the Business Council.

Dan, you have been an outstanding advocate for New York's private-sector business community, and you will be missed.

I also want to welcome Ken Adams as the Business Council's new President.

Ken, I look forward to working with you to make New York the best place to do business in the world.

But today, I want to speak about what I believe should be our first priority, and that is making New York companies more competitive by improving our business climate.

Workers' compensation premiums in our state are the eighth highest in the nation, even as the maximum benefit to workers ranks 49th nationally as a percentage of average weekly income.

And in too many other respects, our government bureaucracy hinders rather than assists businesses.

Well, I have a message for you: If I am elected Governor, on Day One of next year we are going to begin to implement an aggressive strategy to reduce the cost of doing business in New York and make New York the best place to do business in the world.

But I want to be clear that the end result of our workers comp reforms must be to meaningfully reduce premiums.

To really bring our workers' comp costs in line with other states, we must confront the challenge of reforming our system of Permanent Partial Disability payments.

These payments make up less than 12 percent of claims, but they account for almost 75 percent of all costs.

All ideas, including caps on benefits for all but the most serious injuries, must be on the table as we bring our program into line with other states.

These changes should be accompanied by aggressive rehabilitation and retraining programs, so that workers can get back in the work force.

As Governor, I will immediately go to work to build the coalition we need to get this problem solved so that we can once and for all fix this enormous drag on the competitiveness of New York's businesses.

We have much more to accomplish than what I discussed today if we are to restore our State to its historic position of economic strength.

But the starting point of any economic development strategy is creating a climate that is friendly to business instead of hostile to it.

It's time that our State government becomes part of the solution, not part of the problem.

Thank you.

http://www.spitzerpaterson.com/main.cfm?ac...7116&s=spitzer3

"It's interesting, Livyjr, what this thread is revealing to us about the country that we live in ...."

"And what purports to be its 'SYSTEM OF JUSTICE' ...."

"WHICH SEEMS TO BE AS BOGUS AS A THIRTY-TWO DOLLAR BILL ..."

"AT THE FEDERAL LEVEL IN THE STATE OF NEW YORK, ANYWAY ..."

"Like you, Livyjr, I am what I would call a student of citizenship responsibilities in a democratic republic such as ours is ..."

"And like you, I believe that it is the responsibility of the citizen to know the laws that are supposed to guide his or her conduct ......"

"AND IT IS THE DUTY AND RESPONSIBILITY OF THE CITIZEN TO KNOW THE CONSTUTION OF HIS OR HER STATE ..."

"AS WELL AS THE CONSTITUTION OF THE UNITED STATES OF AMERICA ..."

"And in the course of that, Livyjr, like your PLAINTIFF, I too study the law as Abraham Lincoln did, and as anyone who can read can also ..."

"And in the course of that continuing education program that I have set for myself as an American citizen ..."

"Sometime back I came across a set of the LEGAL BRIEFS that were filed with the New York State Supreme Court, Appellate Division, Third Judicial Department of the State of New York by the OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL on behalf of NEW YORK STATE WORKER'S COMPENSATION REVIEW BOARD in MATTER OF THE CLAIM FOR COMPENSATION UNDER THE WORKER'S COMPENSATION LAW MADE BY NICHOLAS VELAZQUEZ v. TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, EMPLOYER, AND HOME INSURANCE COMPANY, INSURANCE CARRIER on September 15, 1989 ...."

"This BRIEF was signed by then-New York State Attorney General Robert Abrams and was apparently prepared by Jane Lauer Barker, Assistant Attorney General in Charge and Theresa E. Wolinski, Assistant Attorney General of Counsel ..."

"And the relevant language from that BRIEF that I wish to make known to this thread and those who are reading it is to be found at the bottom of page 6 in a footnote which reads as follows:"

Contrary to appellants' assertion, WORKPLACE HARASSMENT or other work-related stress extending over a period of time CAN ITSELF BE THE BASIS FOR A FINDING OF ACCIDENT WITHIN THE MEANING OF THE WORKER'S COMPENSATION LAW, without a specific triggering event.

See, e.g. MATTER OF RACKLEY v. COUNTY OF RENSSELAER, 141 A.D.2d 232 (3rd Dept. 1988), lv. app. dism'd. __ N.Y.2d __ (1989)

"From this, it is both obvious and apparent that when the County of Rensselaer stipulated in proceedings before the New York State Worker's Compensation Review Board to a responsibility for having disabled your PLAINTIFF for injuriesies related to an on-going course of WORKPLACE HARASSMENT AND A HOSTILE WORKPLACE which included that back-hoe assault that nearly decapitated your PLAINTIFF in 1988 ..."

"THAT RENSSELAER COUNTY THEN BECAME A TWO-TIME LOSER ..."

"SINCE THE PRECEDENT-SETTING LAW FOR THIS CLASS OF INJURY IN THE STATE OF NEW YORK INVOLVED THE COUNTY OF RENSSELAER AS THE PERPETRATOR, IN THAT CASE, THE RENSSELAER COUNTY DEPARTMENT OF SOCIAL SERVICES, FOR WHOM THIS 'EYES AND EARS' OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO WAS EMPLOYED AS AN ATTORNEY ..." 

"And when you look at the dates, that RACKLEY case being decided in 1988 and leave to appeal being denied by the New York State Court of Appeals in 1989, the same year that your PLAINTIFF and the Federal Bureau of Investigation were attending that BOGUS DISCIPLINARY HEARING in Rensselaer County, it is quite clear that Rensselaer County would have had to know that what it was doing to your PLAINTIFF was both a violation of his rights ..."

"AND A BLATANT VIOLATION OF LAW IN THE STATE OF NEW YORK ..."

"AND YET, THEY WENT AHEAD AND DID IT, ANYWAY ...."

"FOR WHICH ACTIONS THEY WERE FINALLY HELD PARTLY ACCOUNTABLE, ANYWAY, IN 1993, WHEN YOUR PLAINTIFF MANAGED TO CATCH THEM WITH THEIR PANTS ALL THE WAY DOWN AROUND THEIR ANKLES IN WORKER'S COMPENSATION COURT ..."

"AND THE REAL POINT IS THIS ..."

"IS THAT THESE LEGAL BRIEFS ARE IN THE POSSESSION OF NEW YORK STATE ATTORNEY GENERAL ELIOT SPITZER ..."

"WHO ENDED UP DEFENDING THE ACTIONS OF RENSSELAER COUNTY IN THIS FEDERAL CIVIL RIGHTS LAWSUIT BASED ON THE AUGUST 22, 2001 PSYCHIATRIC TAKE-DOWN ...."

"WHICH MEANS THAT NEW YORK STATE ATTORNEY GENERAL ELIOT SPITZER EITHER TOTALLY IGNORED THIS PRECEDENT-SETTING LAW, OR HE TOTALLY REPUDIATED IT ..."

"WHICH BOTH THE FEDERAL DISTRICT COURT FOR THE NOTHERN DISTRICT OF NEW YORK AND THE FEDERAL SECOND CIRCUIT COURT OF APPEALS IN NEW YORK CITY ALLOWED HIM TO GET AWAY WITH ..."

"WHICH DOES NOT BODE WELL FOR THE PUBLIC WORKFORCE IN NEW YORK STATE IN THE EVENT SPITZER DOES BECOME NEW YORK STATE GOVERNOR AS IS EXPECTED ...."

"NOR DOES IT BODE WELL FOR THE CITIZENS OF THE STATE OF NEW YORK, WHO MUST RELY UPON THE INTEGRITY OF THIS PUBLIC WORKFORCE ..."

"And so, Livyjr, and so .."

"The combination of a GENERALLY OPPRESSIVE WORK ENVIRONMENT and a specific triggering event causing psychiatric disability HAS LONG BEEN RECOGNIZED AS A SUFFICIENT BASIS FOR A FINDING OF ACCIDENT UNDER THE (NEW YORK STATE) WORKER'S COMPENSATION LAW."

- LEGAL BRIEF filed with the New York State Supreme Court, Appellate Division, Third Judicial Department of the State of New York by the OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL ROBERT ABRAMS on behalf of NEW YORK STATE WORKER'S COMPENSATION REVIEW BOARD in MATTER OF THE CLAIM FOR COMPENSATION UNDER THE WORKER'S COMPENSATION LAW MADE BY NICHOLAS VELAZQUEZ v. TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, EMPLOYER, AND HOME INSURANCE COMPANY, INSURANCE CARRIER on September 15, 1989 ....

Jane Lauer Barker, Assistant Attorney General in Charge ....

Theresa E. Wolinski, Assistant Attorney General of Counsel ...

This post has been edited by Livyjr: Nov 12 2006, 02:40 PM